FL:Defensive Display (warning shot) Bill Proposed

Gun Watch ^ | 14 December, 2013 | Dean Weingarten

[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

[marktwain]

Many people say, if I have to draw my firearm, I will shoot! This ignores that the vast majority of criminals are deterred from attack by an armed person. It is much better to draw your weapon and not have to fire, than it is to wait until you are physically down on the ground and forced to fire.

[SampleMan]

Concur, I’ve unfortunately had to draw several times. Each time so far, it was when I was certain an attack was imminent, but before I had legal justification to fire. I was waiting for them to draw first. It worked.

[HiTech RedNeck]

Folks will argue about what “ought” to be done, but it ought not be a crime to show or draw a weapon even though it is not used, as long as the showing or drawing is for any reasonable purpose. That’s part of bearing it.

[SampleMan]

Correction , I WASN’T waiting for them to draw first

[Paine in the Neck]

I fully support making defensive display legal. I’m not so keen on encouraging warning shots, considering the level of training I observe in many gun owners. Too many people are oblivious as to where that warning shot goes (ahem...Joe Biden). It doesn’t just disappear. You’re still responsible for that round’s final disposition.

[S.O.S121.500]

Application of deadly force needs to be a sure and sudden surprise......forewarned is forearmed

[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.

[Paine in the Neck]

Correction , I WASN’T waiting for them to draw first

Better choice ;^]

[wita]

If the police face no legal issue when gun is drawn, or multiple rounds expended which do not strike someone, The People must enjoy the same “right”.

[3Fingas]

I do not agree with warning shots. You do not know for sure where your bullet will go.

I, however, do not believe that one should be charged with a crime if drawing a weapon and not firing in a justifiable defensive situation. It really depends on the circumstances.

[Popman]

I will make a long story short: a few years ago some yahoo tapped my rear bumper trying to get around me in heavy traffic...

I throw my hand up in the air while inside my vehicle...basically saying WTF are doing....

The guy jumps out of his car strides up to my side window asking me to roll it down...he was visually very upset and itching for trouble...

All I did was point to my glove box made a gun sign with my fingers...

Dude walked away in a flash...

Being a CCW holder in Florida I know showing my weapon was a big no-no...

Fortunately he didn't think I was buffing...I wasn't, but if he did think I was...I could see a real problem developing

[rktman]

Sad case from a friends experience. He was being followed, passed, followed, passed by a couple with his kids in his car. He was packing and eventually pulled over and was confronted by the male of the duo. He revealed his weapon and the male got back in the car but they continued to follow my friend. The duo called the cops and my friend was arrested and charged for brandishing and some other charge. Former Eagle Scout, brilliant engineer, good guy. Prosecuter was looking to make an example of someone and a name for herself and he was it. Eventually drove over in front of the courthouse on a Sunday morning and shotgunned himself. Guess it would have been better if my friend had called 911. Turns out the duo were known criminals with records and had decided to mess with my friend after he “brandished” his weapon. Central Florida several years back.

[SunkenCiv]

I have a suggestion for where the bullet from the warning shot winds up. :’)

[Fighter@heart]

Having to display your weapon as a warning to a perp is of no practical use. It will eventually lead to perps becoming more aggressive in an attempt to thwart legal carriers from having an element of surprise by starting the commission of their crimes armed & IN HAND. It also decreases the CCW holders opportunity to purge the gene pool greatly. Warning Shot? First shot into perp followed by LOUD STOP/HALT command. Pause. Second shot into the ground. That should satisfy all concerned.

[omega4179]

That did not work so well for Zimmerman.

[bill1952]

I came very close to brandishing once on an early morning at a 24 hour gas station.
Three ‘youts’ came walking toward me with a bit of space between each of them as I was filling up.
I put my my hand on my weapon, which made it visable, and they stopped walking right then and there and left.
I told the sheriff’s deputy who trained me for the ccw about the incident and she just smiled.
This was also Florida.

[CrazyIvan]

Some years ago I had to stop at a rest stop late at night. There were a couple of young punks just hanging around up to no good. They were behind me when I was at the sink. I looked at them in the mirror and unzipped my jacket and reached in. I then snapped my fingers against my chest to make it look and sound like I was unsnapping a thumb break holster. They left.
.

[real saxophonist]

I absolutely disagree with 'warning shots'.

My one armed encounter went as follows:

I returned from a delivery just in time to see a guy hop over the counter and point a knife at my 18 year old female manager.

I will never forget how big his eyes got when he saw that little J-Frame pointing at him from about 10 feet away. He quickly unassed the situation, but it felt like it took forever, due to Tachypsychia. That's a real thing, seeing stuff in 'slow motion'.

A couple of years later, I finally got to testify against the guy, and he's in prison for 67 years.

I think this is the first time I've talked about that incident here in detail.

[Fighter@heart]

You’re right a single hand gun is of virtually no use against a motive driven liberal “news media!”

[S.O.S121.500]

That did not work so well for Zimmerman.

---

Zim waited too long lawyer up....