Posted on 06/02/2020 9:58:02 AM PDT by Impala64ssa
Ive been asked a few times what can folks do to protect themselves in a riot, legally? Ive also been asked about a few different scenarios. So, heres my take, according to current Florida law:
First, Florida Statute 776.08 defines what a forcible felony is. In Florida, youre allowed to Stand Your Ground and use deadly force to stop or prevent imminent death or great bodily harm to yourself or another when responding or reacting to a forcible felony where such force is reasonable. That means if you have a REASONABLE fear youre about to be attacked or injured in any significant way you can at the very least DISPLAY a firearm or other deadly weapon. Whether you can discharge it or not, is another question. That depends on how reasonable the need is.
Now, dont quote me saying Gutmacher said I should display my firearm! NO! I did not say that! I said you can display it in those circumstances. Maybe you can fire it. Maybe you can shoot one or more attackers. But, is it the smart and reasonable thing to do? I dont know! That depends on the surrounding circumstances. So, lets take a scenario people keep asking me about, and possible reasonable solutions:
QUESTION: You are driving your car and see a riot or mob ahead. What can you do?
ANSWER: Hopefully, you can turn around, and avoid them. Perhaps, if you know a demonstration is taking place stay far from that area to start with since the current state of affairs is that these things go south quickly. But, what if youre suddenly caught up in it?
Well . . . Are they peaceful? If theyre not looting, throwing bricks, breaking windows, overturning cars maybe you got lucky? Maybe its just the start of the upcoming riot? In this situation, if they can safely move past you. Let them. However, if you can slowly move your car to a side street and escape do it! Maybe motioning them to let you pull to the side, and out of their way would work? Drive slowly. Maybe a fist raised and shaken in harmony cant hurt? Who the hell knows? This is a really tough situation! But unless my car is actually being attacked people trying to bash in windows, overturn it, set it on fire Im gonna drive very slowly, and do my best to not hurt or upset anyone. Most of the highway protests did not involve damaging vehicles, or trying to injure persons trapped on the highway. The inner city stuff thats been very different. Youve gotta play it smart because you dont have enough ammo if they all turn on you. Plus theyre all gonna testify against you no matter what really happens and at least half will lie if that serves their cause.
But, as we all know shit happens! The fool who takes a swing with an iron bar at your window decides once wasnt enough, and he makes it his purpose in life to break in. What can you do?
Well, at this point Im guessing youre scared shitless, and figure this is it! Survival time! If that means I pull a firearm and hope that dissuades him I pull the firearm. If that doesnt do the trick Im probably gonna be deaf for a week but Im aiming to save my life, and pulling the trigger. Ill then try to make my escape in any way I can. I told ya you should of stayed home!
But, whats the law in this circumstance? Remember in Florida you can only use or even threaten deadly force where such is to stop or prevent a forcible felony plus, your use must be reasonable. Likewise, deadly force is lawful where necessary to stop or prevent imminent death or great bodily harm to yourself or another.
So, obviously the next question is: Whats a forcible felony: (Did you read my book?)
776.08 Forcible felony.Forcible felony means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
So, in the situation were discussing. Youre in your vehicle, and suddenly theres either a riot coming at you, or a large demonstration. If its a riot are there any forcible felonies involved, or imminent?
Sure, lets go down the list:
1. Murder, Manslaughter probably exactly what youre thinking will happen. If the facts reasonably support your belief deadly force is lawful. 2. Carjacking yup. That would be the luckiest outcome other than a peaceful protest. 3. Burglary absolutely. Any entry into your vehicle by a club, hand, anything in furtherance of a crime is a burglary. 4. Arson maybe, if theyre burning stuff. 5. Any other felony which involves the use or threat of physical force or violence . . . Sure. Participation in a riot is a third degree felony. If one of em is threatening you or your family or friends its now a forcible felony.
Anyway hopefully, none of this ever happens to you. Stay FAR AWAY from demonstrations! If somehow youre caught up in one of these situations, maybe the advice I just gave you will work, maybe it wont. But at least, you have some ideas and also know the law, and know it will likely be on your side. Unfortunately, the crowd wont. Nor, is it likely the press and media will, either. And politicians theyll sell you out quicker than you can say Joe Biden. Good luck!
I am not going to tell you what I am going to do. It will ruin the surprise.
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