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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

Yep. This will save lives. The Left should be behind this law, but I’m betting they won’t be.

+10 whiny pantswetter powerup bonus for every response to this proposal that includes the phrases “blood in the streets” or “George Zimmerman”. For fun, make it a drinking game.

I too, have had occasion to show my gun to stop a potential attacker in his tracks. It worked amazingly well and no one got hurt.

A buddy of mine once got to a parking space before a hot-headed punk. The punk, cursing angrily and flinging gestures, parked his car elsewhere and found my buddy. He approached him and said, “I’m gonna kick your ass!”.

My buddy said, “No you’re not”.

The punk, taken aback, paused then asked, “Why not?”

My buddy said, “Because I’ll shoot your ass.”

After a pause, the punk said, “You have a gun?”

My buddy said, “Nope. I’ve got TWO guns.”

After another long, contemplative pause, the punk said, “Sorry, man” and backed away, apologizing profusely as he went.


21 posted on 12/14/2013 6:38:20 AM PST by FLAMING DEATH (I'm not racist - I hate Biden too!)
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To: marktwain
Many people say, if I have to draw my firearm, I will shoot!

Many anti-brandishing laws say if you don't have to shoot, you can't draw your firearm. This law would correct that and I applaud it. Wish it would come to Michigan.

That said, many times a firearm has been drawn with the intent to use it, but the threat is immediately removed, so a shot isn't taken. This is part of John Lott's 2 million defensive uses per year argument.

22 posted on 12/14/2013 6:39:08 AM PST by Yo-Yo
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To: S.O.S121.500
Zim waited too long lawyer up....

Zim never should have had to lawyer up in the first place.

23 posted on 12/14/2013 6:41:27 AM PST by Yo-Yo
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To: Fighter@heart
Having to display your weapon as a warning to a perp is of no practical use.

One of the incidents that occurred to me happened like this. One 20 something knocked on door of house I was flipping and wanted to look at house "to tell his mother about it". I made 2 mistakes, I let him in and I didn't lock the door. Keeping him at 10 ft, he quickly became highly suspicious and shifted my right hand to my pistol (small of back holster). As he was running out of BS to say, the door opened and his buddy came in. They were exchanging looks and I knew I was seconds from an assault. I drew and told them to leave, they ran like hell. Had I shot 2 unarmed yutes at that point, I would have gone to jail, and I wasn't 100% certain of their intent until they ran without even saying a word.

24 posted on 12/14/2013 6:41:40 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: carriage_hill

“I don’t think “warning shots” are a good idea, unless you’re absolutely sure of where that round will end-up. Many people don’t know for sure. Best not to fire unless you hit the attcker. JMO.”

When I was in Sarasota in the late ‘80’s a woman’s neighbor came home to see a drugged-up teen beating her in her front yard. He was unable to make the kid stop, so he drew and fired into the ground. He held the teen for the cops. They arrested him too and the local state’s attorney kept him in court on charges until he ran out of money and was bankrupted, then they dropped the charges. The state’s attorney was quoted as saying something like, “Let this be a warning to you gun nuts that we’ll bankrupt you.”


25 posted on 12/14/2013 7:07:40 AM PST by Gen.Blather
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To: marktwain

BTW, I own a North American Arms .22 magnum. It misfires too much to use for a carry gun.


26 posted on 12/14/2013 7:08:17 AM PST by Gen.Blather
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To: marktwain

Perhaps they should call this the Biden Law and get buy-in from the rats.


27 posted on 12/14/2013 7:11:16 AM PST by Portcall24
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To: Gen.Blather; All

“They arrested him too and the local state’s attorney kept him in court on charges until he ran out of money and was bankrupted, then they dropped the charges. The state’s attorney was quoted as saying something like, “Let this be a warning to you gun nuts that we’ll bankrupt you.”

And the anti-freedom folks say we did not need protections for people who defend themselves and others.

That state’s attorney needs to be taken to the wood shed. What a clear abuse of power.


28 posted on 12/14/2013 7:15:46 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: carriage_hill

Never uncover or shoot unless you absolutely mean to make things final.


29 posted on 12/14/2013 7:37:17 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: marktwain

“That state’s attorney needs to be taken to the wood shed. What a clear abuse of power.”

On second thought, this was in Manatee county, North of Sarasota county. The Zimmerman case was also a clear abuse of power. He was lucky in that his case became a celebrated cause. But I believe this sort of abuse is common. That’s why local elections are so important. I live in Leon, where there hasn’t been a Republican in office for as long as living memory. The local state’s attorney is so bad that the Tallahassee Democrat endorsed the only Republican to ever run against him. (The Republican lost.)


30 posted on 12/14/2013 7:42:53 AM PST by Gen.Blather
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To: marktwain

What you forget is the second you draw.
You become a threat and that escalates a situation.
Makes the other party desperate.

No.
I think it is wiser to talk a situation down rather than ratchet it up.

If you have draw, you had best shoot.

At that point words aren’t working.


31 posted on 12/14/2013 7:43:16 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

I agree.


32 posted on 12/14/2013 7:44:55 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: Popman

I had to draw once in a carjacking situation.
He backed off.
Still I think if you draw you should intend to shoot.

It not a game of chicken.

Brandishing is frowned upon by the law in Tx.

And in Tx if you uncover it is wise for YOU to report the act.


33 posted on 12/14/2013 7:50:03 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife; All

“What you forget is the second you draw.
You become a threat and that escalates a situation.
Makes the other party desperate.

No.
I think it is wiser to talk a situation down rather than ratchet it up.

If you have draw, you had best shoot.

At that point words aren’t working.”

There are many counter-examples on this thread to your theory of what is likely to happen. Every study that I have read indicates that guns tend to de-escalate the situation rather than escalate it, the vast majority of the time (at least when the one with the gun is legally in the right). The opposite can happen, but it is far less common.


34 posted on 12/14/2013 7:51:28 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain
1. Warning shots seem to be OK with the military.

warning shots — The firing of shots or delivery of ordnance by personnel or weapons systems in the vicinity of a person, vessel, or aircraft as a signal to immediately cease activity. Warning shots are one measure to convince a potentially hostile force to withdraw or cease its threatening actions. (Joint Publication 1-02, Department of Defense Dictionary of Military and Associated Terms.)

2. Rules for warning shots should be the same as rules for other shots.

Be sure of your target (the target of the warning shot).

Be sure of your background.

3. I believe the illegality of warning shots is for the convenience of the legal bureaucracy and the gun control crowd

4. I believe most people are not like the hero of the old B Western movies, the guy who is fast enough to let the villain go for his gun first and beat the villain to the draw. Instead they are more like the bit player, the duffer who goes for his gun and gets out drawn by the villain.

5. On displaying a firearm, the police don't seem to have a problem with drawing their guns before going into a situation where they might have to use them.

35 posted on 12/14/2013 7:55:09 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Yo-Yo

Zim never should have had to lawyer up in the first place.


NEVER, I SAID NEVER talk to the police....


36 posted on 12/14/2013 7:58:49 AM PST by S.O.S121.500 (Case back hoe for sale or trade for diesel wood chipper....Enforce the Bill of Rights. It's the Law!)
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To: rktman

Brandishing is not a good idea.
It makes you a threat, rather than being the threatened party.
The second you uncover, you had best be prepared to follow through, because you just put the other fellow on red alert and escalated the situation.

I find that I am far more polite when I am carrying.

I avoid conflict.
Arbitration is preferable for all concerned.


37 posted on 12/14/2013 7:59:43 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: Gen.Blather

BTW, I own a North American Arms .22 magnum. It misfires too much to use for a carry gun.


Why ?


38 posted on 12/14/2013 8:00:51 AM PST by S.O.S121.500 (Case back hoe for sale or trade for diesel wood chipper....Enforce the Bill of Rights. It's the Law!)
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To: Gen.Blather

Texas Law Shield.

http://www.uslawshield.com/texas/


39 posted on 12/14/2013 8:08:39 AM PST by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: marktwain

This sounds like more of a clarification of stand your ground laws. There was a story recently of a FL woman that got charged with attempted murder for firing a warning shot. I’m not sure how that turned out, but I think she knew the guy and there might have been kids in the house at the time. That being said, warning shots are generally a bad idea, but you certainly should be cut some slack if it’s done on your property, is reasonably justified, and/or the public is not endangered.


40 posted on 12/14/2013 8:16:18 AM PST by smokingfrog ( sleep with one eye open (<o> ---)
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