Fla. Gun Law to Expand Leeway for Self-Defense

[djon]

Fla. Gun Law to Expand Leeway for Self-Defense
NRA to Promote Idea in Other States

By Manuel Roig-Franzia
Washington Post Staff Writer
Tuesday, April 26, 2005; Page A01

MIAMI -- It is either a Wild West revival, a return to the days of "shoot first and ask questions later," or a triumph for the "Castle Doctrine" -- the notion that enemies invade personal space at their peril.

Such dueling rhetoric marked the debate over a measure that Florida Gov. Jeb Bush (R) could sign as early as Tuesday. The legislation passed so emphatically that National Rifle Association backers plan to take it to statehouses across the nation, including Virginia's, over the next year. The law will let Floridians "meet force with force," erasing the "duty to retreat" when they fear for their lives outside of their homes, in their cars or businesses, or on the street.

Full Article (http://www.washingtonpost.com/wp-dyn/content/article/2005/04/25/AR2005042501553_pf.html/)

[BarkingSquirrel]

I love my state. It ****es in the eyes of pinko's everywhere.

[Geezah]

Hey djon, where you been, this is old news ;)

[yiorgo]

thank GOD i am in FL :) how I love this state

[Erik_MAA]

"Retreat" is probably the most controversial and misunderstood elements of self-defense.

In most states, "retreat" is not legislated, but rather the result of caselaw. Given this, "retreating" is usually not well-defined and left open to the courts.

"Retreat" is not really that bad. Under Minnesota's caselaw (which I suspect would be similar to other states) You are not expected to retreat if you are placing yourself in greater danger, or abandoning others in danger. If retreat is not practical, you are not expected to attempt it.

What "retreat" is intended to do is keep people from chasing down others when they attempt to flee from a violent confrontation.

[joe mama]

"Retreat" is probably the most controversial and misunderstood elements of self-defense.

In most states, "retreat" is not legislated, but rather the result of caselaw. Given this, "retreating" is usually not well-defined and left open to the courts.

"Retreat" is not really that bad. Under Minnesota's caselaw (which I suspect would be similar to other states) You are not expected to retreat if you are placing yourself in greater danger, or abandoning others in danger. If retreat is not practical, you are not expected to attempt it.

What "retreat" is intended to do is keep people from chasing down others when they attempt to flee from a violent confrontation.

Reminds me of MA gun laws and their mention of "securely locking container" for gun storage and ccw is allowed (with the right license) if the gun is under "direct control" of the person carrying. Neither is defined by the law...

[Legion]

I like Texas law just fine.


§ 9.31. SELF-DEFENSE. (a) Except as provided in
Subsection (b), a person is justified in using force against
another when and to the degree he reasonably believes the force is
immediately necessary to protect himself against the other's use or
attempted use of unlawful force.


(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.

[djon]

Hey djon, where you been, this is old news ;)

I guess those people at Washington Post are bringing this up as this law could be signed as early as this week by Gov. Jeb Bush. ;)

[vryhpyammoadded]

"Retreat" is probably the most controversial and misunderstood elements of self-defense.

What "retreat" is intended to do is keep people from chasing down others when they attempt to flee from a violent confrontation.

Retreat!? I rather prefer the old tradition of the Hue and Cry myself. ;)

[PsihoKeke]

Does anthem of Florida happen to be Trigger Happy by Weird Al Yankovich? ;)

[BarkingSquirrel]

No it's "No sir, I will not allow you to **** me in the ass, steal all my stuff, and kill my family."

Sung to the tune of Twinkle Twinkle Little Star.