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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Any word on how the locals are reacting?

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.

 

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.

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?

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

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.