(FL) "Castle Doctrine" signed into law

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bill k

New member
Shoot first signed into law?

I just overheard on Court TV that Gov Bush from Florida signed a bill reguarding shooting at a bad guy. It was endorced by the NRA but I'm totally in the dark on this one. Does anyone know the specifics of the bill.
According to the report the legislation is supposed to be introduced in all states.
Bill
 
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k_dawg

New member
what a liberal distortion!

at its basic level, it simply removes the need to "retreat at all costs" when confronted by a criminal.

it essentially codifies the "castle doctrine" into law.
 
7

70-101

Moderator
Basically,The law will let Floridians meet force with force, removing the duty to retreat when they fear for their lives outside of their homes,their cars or businesses,or even on the street,for that matter. Hopefully,Virginia, will be the next state to approve this long overdue self-defense bill.
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k_dawg

New member
The thing is, this law really isn't needed, *IF* the courts simply obeyed the law!

776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.

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.
This is actually, well, pretty dang all inclusive!
 
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Lawyer Daggit

New member
Yes, but would you want to be in a position of determining that a 'forceable felony' was being committed before taking action.

Self defence laws protect against this.
 
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WillBrayjr

Moderator
I still wouldn't shoot a person even if they broke into my home and was standing there with a weapon unless they made an attempt hurt me. I would however shoot an intruder if they had a firearm in a heartbeat.
 
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Bud Helms

Senior Member
WillBrayjr,

You're going to have to help me with that one.

Is an "intruder" not "a person standing there with a weapon"?

:confused:
 
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vitesse9

New member
As a Floridian, I have to say that this law makes things as they should be. If someone breaks into my house, it should be PRESUMED that he is there to do me harm and that giving him the old 00 buck welcome is a reasonable response to his "visit."

Honestly, it's really scary when someone breaks into your house. There's no time to analyze the motives of your attacker, there's no time to assess the situation. And most importantly, it should not be up to a jury or a judge to decide, after the fact, wheather you were scared enough to defend yourself.

Jurors and judges weren't there, they didn't experience the terror of a home invasion. They have their own biases and (often hidden) agendas.
 
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Andrew LB

New member
Gov. Bush Signs Florida’s New “Castle Doctrine” Self-Defense Law

Good news for you florida residents!

Gov. Bush Signs Florida’s New “Castle Doctrine” Self-Defense Law

Fairfax, VA – Today, in a ceremony at the state capitol, Gov. Jeb Bush signed Florida’s “Castle Doctrine” (SB-436) into law. Sponsored by Senator Durell Peaden and Representative Dennis Baxley, the bill unanimously passed the Senate and overwhelmingly passed in the House, 94-20.

Prior to signing the National Rifle Association (NRA) supported bill, Gov. Jeb Bush stated, "It`s a good, commonsense, anti-crime issue."

The "Castle Doctrine" simply says that if a criminal breaks into your home, your occupied vehicle or your place of business, you may presume he is there to do bodily harm and you may use any force against him.

It also removes the “duty to retreat” if you are attacked in any place you have a right to be.

Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack.

Past National Rifle Association (NRA) president and current Executive Director of Unified Sportsmen of Florida, Marion P. Hammer, stated, "Existing law is on the side of the criminal. The new law is on the side of the law-abiding victim.”

She continued, “To suggest that you can`t defend yourself against a rapist who`s trying to drag you into an alley or against a carjacker who`s trying to drag you out of your car is nonsense. The ability to protect yourself, your children, or your spouse is important, no matter where you are.

“I want to thank Governor Bush and the bill sponsors, Sen. Peaden and Rep. Baxley, for supporting this vital measure. This law is about affirming that your home is your castle and, in Florida, you have a right to be absolutely safe inside its walls,” Hammer concluded.

http://www.nraila.org/News/Read/Releases.aspx?ID=5685
Click to expand...
 
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Ozzieman

New member
I will bet $1,000,000 dollars (If I had it)

Thats floridas crime rate will go down.
But this doesnt help the two poor little girls that were murdered by 2 of florids'a "redgesterd" sex ofenders
 
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TheBluesMan

Moderator Emeritus
Duplicate threads merged into one.

Regarding Vermont laws (or lack thereof) in Florida... Patience - One step at a time. :)
 
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