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Gutmacher's analysis of Florida's new law.

Discussion in 'Florida Glockers Club' started by Mr. Blandings, Apr 9, 2005.

  1. Mr. Blandings

    Mr. Blandings

    Jun 20, 2001
    Attorney Jon Gutmacher is the author of Florida Firearms - Law, Use & Ownership (the so-called "green book"). Widely considered to be the definitive guide to Florida's laws on firearms/use of force, Mr. Gutmacher's book is seen for sale at many gunshows and gunshops. Florida Firearms - Law, Use & Ownership has become the standard reference for ordinary people who wish to understand what they can, may and should do in relation to owning guns in Florida.

    Mr. Gutmacher has posted this analysis of Florida's new use of force law on his website >here<:
  2. lcp


    Jul 31, 2003
    Thank you for the post. Very interesting.

  3. Anyone read this differently? Seems the new law doesn't really provide much relief for self-defense...
  4. Mister Joshua

    Mister Joshua Sig Addiction

    Jan 21, 2005
    Tampa, Florida
    We made the move from being guilty until proven innocent in a SD situation, to being innocent until proven guilty - it seems. I think it is a Good Thing(tm)
  5. lcp


    Jul 31, 2003
    It is good because it shifts the burden of proof. Instead of having to prove you acted appropriately, it will now be presumed to be the case in such a self defense situation. The state would now have the burden of going forward with enough proof to overcome the presumption.
  6. SkaOG


    Jan 30, 2005
    Orlando, Fl
    good bit of insight there, but I guess we shall see if he is right soon enough.
  7. blueshot3


    Mar 1, 2005
    Las Vegas, NV
    looks good well better anyway
  8. Sky Pirate 7

    Sky Pirate 7

    Mar 1, 2005
    Well we'll have to see the first self-defense shooting since the law passed to determine it's actual legal ramifications.
  9. cpubugs


    Sep 22, 2005
    Lakeland, FL
    Growing up around police officers, having military and police in my imediate family, being friends with an internal affairs officer, my uncle is a Forensic Investigator in Dade County, FL I have always been taught that you must feel beoynd a shadow of a doubt that you are in danger, and if they cross the threshold of your home kill them. If they didn't have a weapon loan them one of your kitchen knives. That last part was told to my mother by the local sheriff here in Polk County. This new legislation just seems like common sense to me. While I wish death on no one it will be interesting to see the first case come up...
  10. Mr. Blandings

    Mr. Blandings

    Jun 20, 2001
    "If they didn't have a weapon loan them one of your kitchen knives."

    That's called tampering with evidence/alteing a crime scene.

    It is the action of a guilty person trying to hide something.

    It is also rather easy for competent crime scene investigators to figure out.

    In short - it is really lousy advice that should NOT be listened to.

    If you feel justified in taking the shot based on the circumstances at hand do not try to alter the scene to make things even more favorable for yourself.

    It just ends up making you look like a liar.
  11. Hey...somebody has to take the trash out.

    776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

    (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

    (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
  12. Only in the Great State of Florida ------:thumbsup:
  13. vrsc

    vrsc Senior Member

    Aug 30, 2003
    Orlando, Fl
    Great book and a very nice person
  14. dst10spr97


    Aug 10, 2006
    Is there a similar law in Georgia and Michigan if anyone knows? I am seriously considering moving back to Georgia in the next few months, and I visit Michigan frequently (my parents live there).
  15. packinaglock

    packinaglock John 3:16

    May 1, 2007
    Loxahatchee Fl
    It looks as if it favors us.
  16. dsmw5142

    dsmw5142 NRA Member

    Oct 2, 2007
    I call MAJOR BS on this statement. Grady Judd is an honorable man, religious, well educated and a total politician. He is absolutely not going to tell someone this crap.

    Yeah, he did make the comment about "that's all the bullets they had" (for anyone who is wondering check snopes). I never said he was afraid to speak his thoughts, controversial or not. But he definitely isn't going to tell someone to do something illegal. I guess assenine statements like this is why we shouldn't believe all the internet hype we read.

    It is quite common that people hear what they want to hear from a law enforcement officer. Regardless of what was actually said. So maybe your mama got it wrong, big surprise. I don't blame her, people usually fill in the blanks to make a fish story better. What else do you and/or mama fantasize about? Did George Bush call her on the bat phone and tell her to mix up some mustard gas and A-bombs and bury them in the front yard because "THE DAY" is coming??

    See, I hate this S***. This is the kind of crap that surfaces and leads people to think that Polk County is a backwoods place, and the Polk County Sheriff's Office is a backwoods department. Which is so far from the truth it makes me sick. The PCSO is a 7 star nationally accredited agency, which is very progressive and well respected in the law enforcement community. PCSO has around 2000 employees that service 2010 square miles (the 4th largest county in the state).

    Polk county has it's rednecks, trailer parks, dope fiends and ghettos, just like Orange County (Orlando) on one side, and Hillsborough County (Tampa) on the other side. Not as many, for which I am grateful, since I have my family here. In fact, that's probably why you see so many Hillsborough and Plant City patrol cars parked in neighborhoods over here. It's not like entering the twilight zone when you drive down I-4. The rest areas actually have in-door plumbing and everything!!

    Sorry for the Hi-Jack.... but the thread wasn't real active anyway at this hour of the morning.

    Rant over :steamed:
  17. brboyer


    Jun 15, 2006
    Tampa Bay Florida
    Judd is definitely a political hack, he never misses an opportunity to get his face on TV. :mememe: :mememe: :mememe:

    Oh, and by the way, the last post in this thread was over 18 months ago. :tongueout:
  18. what ever hapened to " Forgive those who tresspass against us" This new(now older) law does a much better job "Delivering us from:steamed: evil" AMEN to that !:upeyes: