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FL:Defensive Display (warning shot) Bill Proposed
Gun Watch ^ | 14 December, 2013 | Dean Weingarten

Posted on 12/14/2013 5:41:53 AM PST by marktwain

Even a small gun can deter attack


Florida is considering a bill, HB 89,  that would protect citizens who defensively display firearms or who fire warning shots, from being victimized by the law for the act of defending themselves.   The genesis of the law is the fact that most people are able to defend themselves by merely showing the attacker that they are armed.  This defuses the situation in the vast majority of cases: people do not want to be shot.   The problem is that a person who defensively displays a firearm or fires a warning shot, may well be prosecuted under current Florida law.   It is not uncommon for criminals to accuse people who thwart their crimes of being the aggressor.   In Arizona, this led to the passage of a similar defensive display law.   It is better to allow the defensive display of a firearm, to prevent someone from being shot, rather than require that it be kept hidden until it *must* be fired in self defense.   Here is the opening paragraph of the proposed Florida law:

An act relating to defense of life, home, and
3 property; creating s. 776.001, F.S.; providing
4 legislative finding and intent; providing that the
5 defensive display of a weapon or firearm, including
6 the discharge of a firearm for the purpose of a
7 warning shot, does not constitute the use of deadly
8 force; providing immunity from prosecution for persons
9 acting in defense of life, home, and property from
10 violent attack or the threat of violent attack through
11 certain displays of or uses of force; creating s.
12 776.0011, F.S.; providing definitions; creating s.
13 776.033, F.S.; providing for the justifiable defensive
14 display of a firearm or weapon in certain
15 circumstances; amending s. 776.06, F.S.; limiting a
16 provision authorizing use of deadly force by law
17 enforcement or correctional officers; creating s.
18 775.0878, F.S.; providing an exemption from minimum
19 sentence requirements related to use of a weapon or
20 firearm for persons acting in self-defense or defense
21 of others; authorizing a departure from minimum
22 sentence requirements related to use of a weapon or
23 firearm for persons convicted of certain offenses who
24 meet specified requirements; providing an effective
25 date.
The bill appears to be modeled on the Arizona law.  It is commonsense legislation designed to promote safety.

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; Politics; Society
KEYWORDS: banglist; defensivedisplay; fl; guncontrol
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To: marktwain

I disagree FRiend.

I really think that when you uncover you put the other party in fear of their lives and they may make a desperate attack.

Either you are under imminent threat or you are the imminent threat.

Prior to that only words should be used.

Brandishing is a bad idea.

You gonna Choot? Choot! Don’t Talk!


41 posted on 12/14/2013 8:16:55 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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42 posted on 12/14/2013 8:21:41 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife; All

“You gonna Choot? Choot! Don’t Talk!”

I thought it was:

“When its time to shoot, shoot! Don’t talk!”

Either way, I love that line from the Good, the Bad, and the Ugly. I have often used it in my CCW classes.

I will not convince you, but you might consider talking to police officers. They draw far more often than they shoot.


43 posted on 12/14/2013 8:24:21 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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Bluffing is generally only a good idea if you are at the disadvantage.


44 posted on 12/14/2013 8:26:52 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife
So if you have good reason to think someone is about to pull a weapon on you, are you going to kill someone, that might just be an odd duck meaning no harm, or are you going to let them strike first? Think about it, because I've been in that very situation more than once. Twice I'm very certain in retrospect that they were going to assault and rob me, once it was a low IQ person that made a dumb decision about entering a house I was beginning to flip in the ‘hood and approaching me from behind with a hammer (that I had dropped in the street). That latter person was half a second from swinging if he wanted to, but turned out to be a very nice and good man that lived next door. I'm certain in retrospect that he meant no harm. The way I look at it, I saved my life twice and saved the last man's life (and mine) by not having a "pull it-shoot it" mentality.
45 posted on 12/14/2013 8:27:56 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: marktwain

Well, no one wants to shoot anyone, but I want you to know that the second you uncover the dynamics can change radically, so you had better be prepared to shoot.


46 posted on 12/14/2013 8:28:57 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: SampleMan

Under the law, you can’t just THINK you were being threatened.

You have to BE threatened before you threaten the other party.
You had better be sure of your situation, because trouble is sure to follow even if you are justified.


47 posted on 12/14/2013 8:32:31 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife; All

“Well, no one wants to shoot anyone, but I want you to know that the second you uncover the dynamics can change radically, so you had better be prepared to shoot.”

We can absolutely agree on that. Being prepared to shoot is essential. Drawing to “bluff” without being willing to shoot is asking to have them disarm you.


48 posted on 12/14/2013 8:34:24 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

Some ahole in Tx is trying to change the laws so that Cops can’t use deadly force.
They want them to use disabling shots rather than center mass.

If it comes to the point of drawing a gun you need to choot, 2 dead center.

What does Masood Ayub say?


49 posted on 12/14/2013 8:36:24 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife; All

“Under the law, you can’t just THINK you were being threatened.

You have to BE threatened before you threaten the other party.
You had better be sure of your situation, because trouble is sure to follow even if you are justified.”

Close, but there is a bit more to it. You have to believe, as a reasonable person, that you are under threat of life or bodily integrity. Just because you are not is not nearly as important as reasonably believing that you were.

This is why it is justified to shoot people with realistic replicas that act as if they are threatening to shoot you. A reasonable person could not tell the difference, so a reasonable person would assume the “gun” was real, and act accordingly.


50 posted on 12/14/2013 8:39:04 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: mylife

He says that “shooting to wound” does not make any sense. Shooting someone is always a deadly threat to their life.

Shooting to disable is for those who watch too much TV.


51 posted on 12/14/2013 8:40:52 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

That is my point.
Once you uncover, things become deadly.
I would never uncover unless I already knew things were deadly.

You may talk someone down by showing potential deadly force, but you are likely to get a desperate attempt to disarm and kill you at that point.

It is better to have a chin wag over a beer than over a gun.


52 posted on 12/14/2013 8:41:21 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: S.O.S121.500

“Why ?”

Why do I own a North American .22 magnum? Or, why does it misfire? I own the gun because I was looking for something small to carry. It’s horribly difficult to hold as it’s WAY too small for my hand. I also can’t hold it well enough to point it.

As to why does it misfire? I have no idea. I’m guessing it’s the ammo. But what .22 ammo is reliable enough to carry in a gun for years unfired?

I’ve since bought a .380 S&W bodyguard, which is small enough for my pocket and discrete in its little gun-sleeve. Nobody has every said, “Is that a pistol in your pocket, or are you just glad to see me?”


53 posted on 12/14/2013 8:41:26 AM PST by Gen.Blather
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To: marktwain

Amen.


54 posted on 12/14/2013 8:41:56 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: marktwain

I paint orange tips on all my guns so that I can carry legally in the open. /S

We sure have some dumb laws in this country.


55 posted on 12/14/2013 8:45:20 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: marktwain

When I was a kid, all the kids toted around 22s and 12 gauges and all things in between.

Pistols were frowned on, but i don’t recall a lot of gun violence back then.

No one was going around brandishing.
It was all out in the open but it was not threatening.

I still think brandishing is a bad idea.
Brandishing is a threat that is not followed through on.
It marks a person.


56 posted on 12/14/2013 8:54:24 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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Let me clarify.
Pulling a gun and not using it can be more detrimental to your life than following through.

Brandishing should be used very cautiously.


57 posted on 12/14/2013 9:05:37 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: Gen.Blather

If the gun is to small for your hand, that is a major problem.

I find that tiny guns “roll” on my hand.

It makes them hard to aim and it makes them misfire (stove pipes and the like)

We all like the notion of a small Concealed weapon but in practice there are trade offs.

I want a tiny 10mm the size of a derringer LOL /S


58 posted on 12/14/2013 9:16:53 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife

https://www.google.com/search?q=small+frame+10mm&tbm=isch&tbo=u&source=univ&sa=X&ei=m5OsUqbFE-qwsASp74CADA&ved=0CF0QsAQ&biw=2400&bih=1098&dpr=0.8#facrc=_&imgdii=_&imgrc=_dh414-i3TnWlM%3A%3BYINgmqdQLS2LZM%3Bhttp%253A%252F%252Fcdn2.armslist.com%252Fsites%252Farmslist%252Fuploads%252Fposts%252F2013%252F03%252F06%252F1202735_02_nib_glock_g29_sf_10mm_small_fr_640.jpg%3Bhttp%253A%252F%252Fwww.armslist.com%252Fposts%252F1202735%252Fcincinnati-ohio-handguns-for-sale—nib-glock-g29-sf-10mm-small-frame-pistol%3B640%3B480


59 posted on 12/14/2013 9:21:53 AM PST by Gen.Blather
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To: Gen.Blather

Yow.


60 posted on 12/14/2013 9:23:37 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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