Another "Stand Your Ground" Case In Florida

Page 6 of Controversy again over the SYG law in Florida. This time a guy was berating a female who had parked in a handicap spot at a convenience store. Her boyf... 132 comments | 15474 Views | Go to page 1 →

  1. #76
    TheDeuce's Avatar
    Join Date
    Sep 04
    Location
    The Heisman House
    Posts
    49,743

    Quote Originally Posted by TylerDurden View Post
    A car can be deadly too. If someone cuts me off in traffic in a manner I feel is threatening, should I be in the clear to shoot them and eliminate the threat?
    Yes, apparently.
    Advertisement

  2. #77
    plantmanky's Avatar
    Join Date
    Jun 08
    Location
    In the Garden
    Posts
    19,967

    Quote Originally Posted by TylerDurden View Post
    A car can be deadly too. If someone cuts me off in traffic in a manner I feel is threatening, should I be in the clear to shoot them and eliminate the threat?
    If the car is used as a weapon to assault someone yes.

  3. #78
    TheDeuce's Avatar
    Join Date
    Sep 04
    Location
    The Heisman House
    Posts
    49,743

    Quote Originally Posted by plantmanky View Post
    If the car is used as a weapon to assault someone yes.
    It doesn't have to actually be used as a weapon. If someone THINKS that's how you're using it, they can shoot by your logic.

  4. #79
    plantmanky's Avatar
    Join Date
    Jun 08
    Location
    In the Garden
    Posts
    19,967

    Quote Originally Posted by TheDeuce View Post
    It doesn't have to actually be used as a weapon. If someone THINKS that's how you're using it, they can shoot by your logic.
    I guess you could be right there. If someone takes their car, and charges it towards a crowd, but hasnt hit anyone yet, yes someone could shoot them to eliminate the threat.


    If that is what you mean.

  5. #80
    swamprat's Avatar
    Join Date
    Sep 01
    Location
    Westchase, FL
    Posts
    29,298

    Here is what Chapter 776 of the 2018 Florida SYG statute defining, “Justifiable Use of Force,” says:

    (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

    (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

  6. #81
    TheDeuce's Avatar
    Join Date
    Sep 04
    Location
    The Heisman House
    Posts
    49,743

    Quote Originally Posted by swamprat View Post
    Here is what Chapter 776 of the 2018 Florida SYG statute defining, “Justifiable Use of Force,” says:

    (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

    (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
    No way anybody can read/know that law, watch the video, and make the argument that SYG is applicable here.

  7. #82
    swamprat's Avatar
    Join Date
    Sep 01
    Location
    Westchase, FL
    Posts
    29,298

    The Pinellas County Sheriff's department has forwarded this case to the State Attorney’s Office for a final decision on whether to prosecute or not.

  8. #83

    Join Date
    May 01
    Location
    City of Beautiful Homes
    Posts
    25,489

    Quote Originally Posted by True blue (and gold) View Post
    Yeah, really. This guy threatened to shoot another guy who parked in the same spot. The guy that shoved him was not moving toward him and he shot him anyway. The police aren’t charging him. This is a tough guy wanna-be who has a law that allows him to do this.
    Whether or not the law allows him to do it is still to be determined. I hope the state attorney decides to pursue it.

  9. #84
    Jumper_Dad's Avatar
    Join Date
    Nov 06
    Location
    To one who has faith, no explanation is necessary. To one without faith, no explanation is possible
    Posts
    45,681

    Quote Originally Posted by swamprat View Post
    The Pinellas County Sheriff's department has forwarded this case to the State Attorney’s Office for a final decision on whether to prosecute or not.
    As it should be.

  10. #85
    True blue (and gold)'s Avatar
    Join Date
    Oct 06
    Location
    "First, last and always, I am a teacher." - Jesse Stuart
    Posts
    26,899

    Quote Originally Posted by 75center View Post
    Whether or not the law allows him to do it is still to be determined. I hope the state attorney decides to pursue it.
    True. Hopefully the state attorney sees it differently than the sheriff. That’s a bad precedent to set.

  11. #86
    TAC's Avatar
    Join Date
    Jan 09
    Location
    It's not where I live, It's what I live for
    Posts
    16,353

    Any word on how the locals are reacting?

  12. #87
    oldgrappler's Avatar
    Join Date
    Aug 14
    Location
    NKY
    Posts
    3,143

    Quote Originally Posted by swamprat View Post
    Here is what Chapter 776 of the 2018 Florida SYG statute defining, “Justifiable Use of Force,” says:

    (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

    (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
    Quote Originally Posted by True blue (and gold) View Post
    Yeah, really. This guy threatened to shoot another guy who parked in the same spot. The guy that shoved him was not moving toward him and he shot him anyway. The police aren’t charging him. This is a tough guy wanna-be who has a law that allows him to do this.
    This law does not allow someone to pick a fight and then pull out a firearm and shoot someone. As I read the law quoted above, it simply allows for self-defense when someone is in imminent danger of serious bodily harm. I will be very surprised if this man in the OP is not charged.

  13. #88
    TylerDurden's Avatar
    Join Date
    Feb 15
    Location
    537 Paper Street
    Posts
    696

    Quote Originally Posted by plantmanky View Post
    If the car is used as a weapon to assault someone yes.
    So you think if someone cuts me off and then brake-checks me, I should be able to shoot and kill them without consequence. Correct?

  14. #89
    BlueTip's Avatar
    Join Date
    Mar 11
    Posts
    1,163

    If the shooter's actions are legal, the law needs to be rewritten.

  15. #90
    oldgrappler's Avatar
    Join Date
    Aug 14
    Location
    NKY
    Posts
    3,143

    Quote Originally Posted by BlueTip View Post
    If the shooter's actions are legal, the law needs to be rewritten.
    Or the people responsible for charging the man be removed from their position. It isn't always that a law is "bad" but sometimes it is the fault of the people responsible for applying the law and they just don't get it right.

Top