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Then you have nut cases, who do not understand what a threat to their lives are. Husband went on citizen ride along with an officer patrol in Naples. Call came over radio of a man brandishing a weapon. Man went to his neighbor's apartment and told them to turn down their music. When the neighbors laughed at him, he pulled out a gun and said he would come back and shoot them if they didn't lower the music. They called the police on HIM. The man admitted he showed them a gun. Cop asked if they wanted to press charges but they said No. Cop then told the man that he could arrest him for brandishing but he would just give him a warning this time. Call the police and report this as disturbing the peace for loud music.
Laughing and loud music is not a threat to your life. Remember that incident (Tampa?) of the man in the gas station who pulled a gun on a car full of teenagers with loud music? How about the man who pulled a gun on someone cutting in front of hiim on a pizza line? Heard a lot of these stories on the news in Florida.
NONE of these were life threatening situations. Stand your ground? Castle Doctrine? Nope.
There are nut cases everywhere. Those who act unlawfully face the consequences, as seen in these cases.
This in no way detracts from the fact that guns are used defensively in a legal manner every day. Who claimed the cases you point to were legitimate and legal? As far as Castle Doctrine or stand you ground the law in Florida is what it is....... change it if you can. If you threaten someone with great bodily harm or death, or you invade their home / property then you will face the consequences.
Then you have nut cases, who do not understand what a threat to their lives are. Husband went on citizen ride along with an officer patrol in Naples. Call came over radio of a man brandishing a weapon. Man went to his neighbor's apartment and told them to turn down their music. When the neighbors laughed at him, he pulled out a gun and said he would come back and shoot them if they didn't lower the music. They called the police on HIM. The man admitted he showed them a gun. Cop asked if they wanted to press charges but they said No. Cop then told the man that he could arrest him for brandishing but he would just give him a warning this time. Call the police and report this as disturbing the peace for loud music.
Laughing and loud music is not a threat to your life. Remember that incident (Tampa?) of the man in the gas station who pulled a gun on a car full of teenagers with loud music? How about the man who pulled a gun on someone cutting in front of hiim on a pizza line? Heard a lot of these stories on the news in Florida.
NONE of these were life threatening situations. Stand your ground? Castle Doctrine? Nope.
Lot of people get in trouble for thinking they can pull their gun, or mention it, when they get into arguments, road rage, or shouting matches etc. Doing so equates to "threat of lethal force", and can get you in lot of trouble. If you are going to carry a gun, you MUST learn the rules and the laws, or you might end up in prison yourself. Firing a warning shot is the surest way to end up behind the bars yourself.
Quote:
For example, in my state of Florida, it is an offense under Florida law to display a dangerous weapon in an angry, careless, or threatening manner. Improper Exhibition of a Firearm and/or Improper Display of a Weapon are crimes governed by Florida Statute 790.10. The offense stems from the common law crime of brandishing. So Florida statutes do NOT call it “brandishing”, but “improper exhibition” of dangerous weapons or firearms. In the Florida Criminal Code “improper exhibition” of a firearm is defined as an individual having or carrying the following weapons in an unsafe, rude, careless, angry, or threatening manner, not in necessary self defense
The bolded can get you off the hook, if you can prove your life was in danger and you were standing your ground. I was asking the question because people seem to think that pulling the gun is a complete non-issue.
Last edited by Finn_Jarber; 12-18-2019 at 06:44 AM..
Lot of people get in trouble for thinking they can pull their gun, or mention it, when they get into arguments, road rage, or shouting matches etc. Doing so equates to "threat of lethal force", and can get you in lot of trouble. If you are going to carry a gun, you MUST learn the rules and the laws, or you might end up in prison yourself.
The bolded can get you off the hook, if you can prove your life was in danger and you were standing your ground. I was asking the question because people seem to think that pulling the gun is a complete non-issue.
The second amendment is not intended to keep individuals on par with the military... but for the 'states' to have a militia to maintain their freedom.
Arms = commonly used weapons (of all kinds) for defense. It's not just swords, muskets it's what is common for defense.
Today... that would be anything from mace to a knife to a rifle to a hand gun. Keep in mind the concept of personal defense is against another person, not our government, so we don't need tanks... that is the role of a "well regulated militia".
The second amendment is not intended to keep individuals on par with the military... but for the 'states' to have a militia to maintain their freedom.
Arms = commonly used weapons (of all kinds) for defense. It's not just swords, muskets it's what is common for defense.
Today... that would be anything from mace to a knife to a rifle to a hand gun. Keep in mind the concept of personal defense is against another person, not our government, so we don't need tanks... that is the role of a "well regulated militia".
Partially correct, but it is the Right of THE PEOPLE to keep and bear arms. Not the right of the Militia nor Government. The Right is separate from being in a militia.
Brandishing is a complete legal use of a firearm. I had to once and the cop that showed wrote me a wobbler that forced me to hire a attorney. It ended up costing him his job. That's how I know.
If I'm shooting I'm shooting to kill. Not taking out knee caps.
Partially correct, but it is the Right of THE PEOPLE to keep and bear arms. Not the right of the Militia nor Government. The Right is separate from being in a militia.
Clarify what you're saying. Did you say... Government has no right to keep and bear arms?
For the common defense.... comes to mind, in the preamble.
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Well, then brandish away then tough guy. I won't, because I know it is against the law in most cases. If my firearm comes out, it is only as a last resort, when I am on mortal danger.
While you maybe be a lost cause, I'll post this for others:
"Drawing a gun is an act of lethal force, as doing so denotes lethal intent. Those who practice open carry should be just as aware as well. Therefore, drawing a pistol requires justifiable conditions for doing so.
In other words, if a gun or other weapon is drawn and displayed in such a manner as to intimidate, threaten or otherwise impress upon another person that deadly force is imminent, then that is brandishing. It's almost guaranteed that getting arrested or worse, convicted of it, will result in a person losing their concealed carry permit and possibly firearms priviledges.
When can you pull a gun on someone? When a person would reasonably fear for their life or great injury.
In essence, when you can draw is the same as when you can shoot: if confronted with an imminent threat to your life or that of someone else. Since pulling the gun implies lethal intentions, those intentions have to be justified just as shooting must.
In short, don't draw unless you are fully prepared and intending to fire. If you intend anything less, then you are acting with potentially lethal intentions for less than a clear and present danger to life and limb."
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