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florida home defense question

Discussion in 'The Okie Corral' started by dadeglocks, Feb 23, 2010.

  1. dadeglocks

    dadeglocks

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    im wondering in miami,florida what are the laws of home defense? if someone breaks in to your house and all of your lights are off and you cant see if the intruder has a weapon or not what should i do? i have a 6 month old and someone tried to break in the other night so i got my wasr 10 and cocked it. as soon as i did this the person trying to kick my door in fled. after that i was thinking alot because i dont know the home defense laws. and also is it legal for me to go outside with my gun if i hear someone breaking in instead of waiting for them to come in?
     
  2. Scared_of_zombies

    Scared_of_zombies

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  3. greatwun

    greatwun Senior Member

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    read it, live by it

    and maybe look into getting your CWP
     
  4. MtBaldy

    MtBaldy Obie Wan, RIP

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  5. Kosher Larry

    Kosher Larry MWAG

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    State law regarding justifiable use of force. You are allowed to use deadly force in that circumstance. Potential legal issues aside (it could be viewed as an offensive move on your part), from a safety standpoint it is never a good idea to go outside and pursue. You never know how many people are out there and what they brought to the party.

    You did the right thing. Stay inside with your weapon ready. If they had breached the door then you have no choice.

    http://www.leg.state.fl.us/Statutes...tm&StatuteYear=2009&Title=->2009->Chapter 776
     
  6. jeriveraf

    jeriveraf

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    In Florida individuals are allowed to use deadly force against anyone that breaks into their home whether the potential threat is armed or not. Make sure that you indicate that you were in fear of your life in any official statements. One issue to keep in mind is that if the threat is not convicted of a crime for the event that led to the shooting he or his family could come after you in civil court.
     
  7. dadeglocks

    dadeglocks

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    thanks for all the replies im going to pick that book up this week.
     
  8. VrodRay

    VrodRay

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  9. Sandbag

    Sandbag Chief-Rocker

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    Get yourself a good light to go with that home defense weapon. You are repsonsible
    for what you shoot. You better be able to see. Lots and lots of senerios could put you in a world of hurt. Remember, even in the best case senerio... you have to live with your actions. I wanna see what I shoot.

    I agree on keeping the house dark... it puts you at a tactical advantage. You control the light.
     
  10. johnd

    johnd

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    thats why we train all the time to verbalise...if you are yelling "get out" or "get back" or "drop the gun/knife/whatever" its a whole lot easier on everyone to agree he/she didnt and that you warned them plenty.
     
  11. Mushinto

    Mushinto Master Member

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    Correct. I will add that just because you can shoot does not mean you have to shoot. If your life is in danger, protect it. If you are in a position of giving a warning, do it.

    Don't go outside with your gun unless they are standing outside and shooting at your house.

    And finally, get that book.

    ML
     
  12. dadeglocks

    dadeglocks

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    would i be able to hold the intruder at gunpoint until police arrive? and if so would i tell the 911 operator that i have them at gunpoint and for the officers not to shoot me when they arrive?
     
  13. Dalton Wayne

    Dalton Wayne Epic mustache Millennium Member

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    I think you did OK. your actions stopped their actions and deescalated the situation, I too have racked a pump shotgun when I heard someone trying to get in to my house which was dark with no cars in the drive, I was home alone in the back of the house and heard someone talking about cutting the screen and getting in, I came out in the family room racked the shotgun and they ran fast, no harm no foul nobody hurt.
    but still get the book
    Regards
    Dw
     
  14. DeltaNu1142

    DeltaNu1142 Glock talker

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    Now, how thick is this book? Will it slow down a flat-nosed round from a .357? Is it heavy? How much damage would it do if I threw it at the intruder?






    I keed, I keed... :supergrin:
     
  15. MtBaldy

    MtBaldy Obie Wan, RIP

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    Haha, it may not work all the time but it's fun when it does.

    We had a house on Savannah Beach when I was growing up. The main living area was on the second floor to take advantage of the view and breeze. The bottom floor was parking and servants rooms. We didn't have servants and to take advantage of the privacy and larger size I was sleeping in the bigger of the two servants rooms. About 2:00 one morning I hear voices outside and then car doors. Thinking someone was trying to steal a car I grabbed my 16 gauge pump shotgun by the door and went out into the garage. I saw movement in my 1965 Ford Falcon and stood in front of it and racked the slide while shouting, "What are you doing in there!'. Someone inside the car yelled, "RUN, he's got a gun!", and all four doors flew open. Two teenage guys and two teenage girls in various stages of undress came piling out and took off down the street at a dead run. I about died laughing. Best guess is they were walking on the beach and decided to look for somewhere to make out. We were the first house off the beach and I never locked the Falcon anyway because it was such a POS.
     
  16. MtBaldy

    MtBaldy Obie Wan, RIP

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    I'm not a lawyer but I think the answer is yes and yes. This is a tense situation for the police, be very careful when they arrive and do exactly what they say. If they feel you are threatening them you could end up shot. Realistically, you should never pull a gun on someone unless you are in a situation where you need to use it. Not telling you what to do but remember dead men tell no tales and can't contradict your version of events. If your gun is back in it's holster there's a lot less chance of misunderstandings between you and responding LE.
     
  17. Jon_R

    Jon_R

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    http://www.flsenate.gov/cgi-bin/vie...ate/bills/billtext/html&Tab=session&Submenu=1

    http://www.gunlaws.com/FloridaCastleDoctrine.htm

    The Florida "Castle Doctrine" law basically does three things:

    One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

    Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

    Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

    It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

    In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
     
  18. Mushinto

    Mushinto Master Member

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    You can hold the intruder at gunpoint if he doesn run away. It is not a good idea chase him (or shoot him).

    Tell the operator the whole story and they will tell you what to do.

    ML