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May 7, 2014 |
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Attention Florida Members |
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| Unpacking a New Proposed Law: The “Warning Shot” Bill |
While the media has termed SB 448 as the “warning shot bill,” is this a case of journalistic exaggeration or does this new Florida bill allow warning shots? It appears to certainly be a case of the former. The phrase “warning shot” never appears anywhere in the text of the bill. In fact, any warning shot that posed a “threat to public safety” would be illegal and without justification by the text of this bill and Florida law.
Instead this bill will extend the existing justifications for the use of force to include the “threatened use of force” as well. So, a person acting in lawful defense of a person, home, business, occupied vehicle, or personal property to prevent a forcible felony, can receive the same justification for their threatened use of force as they could for their use of force. Of note is that where civil immunities would attach to force, it also attaches to the threat of force as well.
Other changes included in the bill moved the language pertaining to stand your ground around in the statutes, but the overall effect is still the same. Instead of one localized statement that anywhere a person has a legal right to be they may stand their ground, it now appears in 776.013 and 776.012, defense of the home, business, or vehicle (a person may stand their ground in any of these places) and defense of a person (may stand your ground while defending your person and you have a legal right to be there) respectively. The final portion of the bill is a very lengthy set of changes to allow for the expunction of criminal histories associated with a lawful act of self-defense.
Rather than an apocalyptic blanket allowance for shooting into the air and gun flashings, this bill gives individuals the ability to choose between firing their gun or just threatening to fire it, and not receiving a lesser amount of statutory protection for choosing not to fire.
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Featured Seminar |
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| Members: Join Us In Palm Beach Gardens and Bring A Friend
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Great News! We have another Gun Law Seminar scheduled for Thursday, June 19, 2014, from 6:30 p.m. to 10:00 p.m. EDT. We’d be so happy to have you join us at the Amara Shrine Center in Palm Beach Gardens, FL.
Hear from your firearms program attorneys and other experts in the field of firearms and self-defense. Topics include but are not limited to, the Law of Deadly Force, Understanding Stand Your Ground and the Castle Doctrine, civil liability if you use your firearm, and how to deal with a difficult police officer. Food and drinks will be provided!
Register here or visit www.GunLawSeminar.com for a list of seminar dates.
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QuickLinks |
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U.S. Law Shield
1020 Bay Area Blvd., Suite 220
Houston, TX 77058 |
Telephone: 877-474-7184
Website: www.uslawshield.com
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