Florida passes “warning shot” bill…

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  • Willie

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    Nov 24, 2010
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    Florida passes “warning shot” bill…

    Whoa…. I always understood that in a defensive position that when you unholster your sidearm you only shots should be to kill.

    What are you all’s feelings on this?


    http://www.guns.com/2014/04/07/florida-warning-shot-bill-sent-governor-sign-video/

    Some of the verbiage:


    776.001 Legislative findings and intent; defensive display
    41 of weapon or firearm; defense of life, home, and property.—
    42 (1) The Legislature finds that it is unreasonable to
    43 prosecute a person for acting in a defensive manner. The
    44 Legislature intends to clarify that the defensive display of a
    45 weapon or firearm, including the discharge of a firearm for the
    46 purpose of a warning shot, does not constitute the use of deadly
    47 force and is a valid method of preventing or terminating an
    48 imminent or actual violent criminal attack.

    (2) It is the intent of the Legislature to immunize a
    50 person from prosecution who acts in defense of life, home, and
    51 property from violent attack or the threat of violent attack by:
    52 (a) Defensively displaying a weapon or firearm, if the
    person reasonably believes that it is necessary to warn an
    54 attacker to prevent or terminate an imminent or actual violent
    55 criminal attack, including by the firing of a warning shot;
    56 (b) Using force, if the person reasonably believes that it
    57 is necessary to prevent or terminate an imminent or actual
    58 violent criminal attack; or
    59 (c) Using deadly force, if the person reasonably believes
    60 that it is necessary to prevent death or great bodily harm or to
    61 prevent or terminate the imminent or actual commission of a
    62 forcible felony.
     

    dudley0

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    So does that mean everyone has to carry a barrel filled with sand around so they can safely fire the warning shot?

    That sounds crazy... had to look again because at first I would have thought this came from CA.
     

    pudly

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    Based on the listed text, it also appears to protect gun owners from "brandishing" charges as well when acting in self-defense. It still requires that you use it strictly in a self-defense scenario much like the current law, but it doesn't require that you shoot the perp or be as risk of being prosecuted. As I understand it, most defensive handgun uses don't involve actually firing. In other words, brandishing will be enough to get the perp to reconsider their actions. This just codifies it to insure that a zealous prosecutor can't ruin someone's life because they didn't shoot someone. I'd like to see this in Indiana as well.

    So does that mean everyone has to carry a barrel filled with sand around so they can safely fire the warning shot?

    That sounds crazy... had to look again because at first I would have thought this came from CA.

    It isn't stated in the text, so this is strictly my opinion. I would think that things like firing into the ground or other safe direction would be covered. Firing up into the air or other potentially unsafe directions might still leave you open to prosecution for some type of "recklessness" charge. Likely either the text would need to be amended to cover it or case law would have to be established.
     

    jamil

    code ho
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    I don't see a problem with the bill. However I do see the point that carrying a bucket full of sand might tend to defeat the purpose.
     

    dudley0

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    I understand, and agree with the brandishing part, and that is great. Doesn't this seem to invite people to do the old point it in the air and rap off a couple rounds scenario though?

    If the GG is in the middle of town, big city like, where does he/she aim for the warning shot? Pavement on the ground, buildings all around. Shoot into the air and you can't know where the bullet goes.

    Maybe it is too early for me to be reading things like this. I just see a bunch of over-zealous people trying to play like they are on TV or some such, thus putting other people in harm's way.
     

    Who Dares Wins

    Sharpshooter
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    As it is written it appears to protect responsible gun owners acting in self defense. You would need to be sure the warning shot is in a safe direction and maybe pay for any damage? As long as they don't try and prosecute someone for not firing a warning shot first, that is where it would start to be unreasonable.
     

    Kurr

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    Here come the "warning shots" in apartment complexes, condos and townhouses.

    And remember it says you are protected from prosecution. Civilly you can still be sued to the ground I assume
     

    Mark 1911

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    As it is written it appears to protect responsible gun owners acting in self defense. You would need to be sure the warning shot is in a safe direction and maybe pay for any damage? As long as they don't try and prosecute someone for not firing a warning shot first, that is where it would start to be unreasonable.

    Agreed. It is designed to protect people who draw in a legitimate self-defense scenario. Don't see a problem with it, there is no requirement to fire a warning shot first.
     

    KLB

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    Sounds like a good law to me. Doesn't say you are immune to prosecution if you shoot something with a misdirected warning shot. It says you cannot be prosecuted for shooting a warning shot or displaying your weapon in defense. Sounds like a "common sense" gun law.
     

    Birds Away

    ex CZ afficionado.
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    Aug 29, 2011
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    Lawmakers, even the ones who find it politically expedient to support us, don't seem to know very much about guns. You have seen, I am sure, many examples of this among the gun grabbers.
     

    Vigilant

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    Meh! No harm no foul, my warning shots are generally center mass anyway! I warned him twice sir, once in the right lung, and once in the heart!
     

    DemolitionMan

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    Mar 8, 2009
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    So, you agree with the prosecution of Ms. Alexander? What is your objection(s) to this bill?

    How does this proposal not protect self-defense?

    "So tell me, Mr. Defendant, why did you not fire a warning shot when you are clearly allowed to do so under law? Your Honor, clearly he intended to kill Mr. Thug because he did not attempt a non-lethal means of stopping him."

    Call me suspicious. :)
     

    mrjarrell

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    I have no problems with this law. It protects people who don't want to shoot someone unless they absolutely have to and people, (like Liberty Sanders) who want to ward off a non human attacker. If this law had been in place a year or so ago a battered woman would not be in jail for 20 years for firing a warning shot while engaged with her abusive husband. Wouldn't hurt if we had the same law here in Indiana.

    Florida woman sentenced to 20 years in controversial warning shot case - CNN.com
     

    ViperJock

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    "So tell me, Mr. Defendant, why did you not fire a warning shot when you are clearly allowed to do so under law? Your Honor, clearly he intended to kill Mr. Thug because he did not attempt a non-lethal means of stopping him."

    Call me suspicious. :)

    I see your point. This is potentially a double edged sword. Then once a case is tried and legal precedent is set what will that change?
     
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