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Hb 89

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
http://www.flsenate.gov/Session/Bill/2014/0089

Bill seeks to make defensive display legal. There will be much crying and gnashing of teeth over this common sense legislation. From the same people who have no problem with one of the state's costumed enforcers pointing guns at people even when there is no threat. After all, they're "trained". Like the NYPD, for example.

The bill would also legalizes open carry, but won't be interpreted to allow it. If it became law, it would make the OC ban that much more ludicrous.
 

conandan

Regular Member
Joined
Nov 5, 2012
Messages
235
Location
florida
I don't think it will make it to the governors desk, but would be nice if it did. One step closer to getting oc in Florida.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
http://www.flsenate.gov/Session/Bill/2014/0089

Bill seeks to make defensive display legal. There will be much crying and gnashing of teeth over this common sense legislation. From the same people who have no problem with one of the state's costumed enforcers pointing guns at people even when there is no threat. After all, they're "trained". Like the NYPD, for example.

The bill would also legalizes open carry, but won't be interpreted to allow it. If it became law, it would make the OC ban that much more ludicrous.

It was a horrible bill when it was first introduced, and it is still a horrible bill.

Warning shots? Please! :banghead:
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
I think it's a great bill. If you shoot someone in self defense, you are responsible to know what is behind and beyond your target. If you choose to fire warning shots, then that is your right if faced with an imminent threat. If you damage property or hurt an innocent person when firing those warning shots, then you should be responsible and make restitution accordingly.

Regardless, if it can be passed without the warning shot language, then it would still be good. Cops can point guns at us for any reason at all, in practice.
 

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
It was a horrible bill when it was first introduced, and it is still a horrible bill.

Warning shots? Please! :banghead:

The bill neither authorizes nor encourages warning shots. It simply decriminalizes them. If an attack can be deterred by displaying a firearm, why should that be punished as an aggravated assault? If it takes a warning shot, why should that incur a mandatory minimum 20 years? The only alternative is to wound or kill the attacker. Why is that preferable?
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
The bill neither authorizes nor encourages warning shots. It simply decriminalizes them. If an attack can be deterred by displaying a firearm, why should that be punished as an aggravated assault? If it takes a warning shot, why should that incur a mandatory minimum 20 years? The only alternative is to wound or kill the attacker. Why is that preferable?

If the use of deadly force is 'authorized' by 776 then the discharge of a firearm is lawful. Or am I missing something?

Also, the display of a firearm is legal if the situation warrants it.

Just because some SA's overcharge (and judges allow it to happen) does not mean we need to change the law. Just like the anti's want to do with 'Stand your Ground'.

This bill attempts to codify existing case law, but does so poorly. It will not stop any arrests or prosecutions in questionable circumstances.

The only idea I can get behind is the repeal of minimum mandatory sentencing provisions.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
If the use of deadly force is 'authorized' by 776 then the discharge of a firearm is lawful. Or am I missing something?

Also, the display of a firearm is legal if the situation warrants it.

Just because some SA's overcharge (and judges allow it to happen) does not mean we need to change the law. Just like the anti's want to do with 'Stand your Ground'.

This bill attempts to codify existing case law, but does so poorly. It will not stop any arrests or prosecutions in questionable circumstances.

The only idea I can get behind is the repeal of minimum mandatory sentencing provisions.


as i understand current law, you can't simply pull your gun in self defense...you have to use it against the attacker....
 
Last edited:

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
If the use of deadly force is 'authorized' by 776 then the discharge of a firearm is lawful. Or am I missing something?

Also, the display of a firearm is legal if the situation warrants it.

Just because some SA's overcharge (and judges allow it to happen) does not mean we need to change the law. Just like the anti's want to do with 'Stand your Ground'.

This bill attempts to codify existing case law, but does so poorly. It will not stop any arrests or prosecutions in questionable circumstances.

The only idea I can get behind is the repeal of minimum mandatory sentencing provisions.

There are many cases of a defender being charged with aggravated assault simply for drawing a firearm against an attacker.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
There are many cases of a defender being charged with aggravated assault simply for drawing a firearm against an attacker.

And nothing in this bill will prevent those despicable, freedom hating, conviction hungry, SA's from continuing to do so. :banghead:
 
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