He never would have had to draw his handgun had he minded his own business.
You can't only look at the moment of the shooting. Events leading up to it can possibly effect the outcome.
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I'd suggest you mind your own business and you won't have to worry about it.I'm stepping delicately through this issue. However, what about the next time I see someone snatching their/a child around in Walmart? The next door neighbor abusing his dog again? Two people involved in an altercation, with one clearly on the downside? What now? Do I next some previous event to give me context if necessary to intervene?
I'd suggest you mind your own business and you won't have to worry about it.
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Unless that stranger is in imminent threat of death or serious bodily injury, stay out of it and be a good witness. Think about it too, you may not have all the information needed to make a life/death decision. Your responsibility is to your personal safety and the safety of your family. Everything else is “not my circus, not my monkeys”. A gun is not a badge or an excuse to involve yourself.
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So your going to confront someone disciplining their child or dog with deadly force because you think it’s the “right thing”? That sounds like a good way to either get shot yourself or arrested. Based on your comments and low post count you are either a troll or terribly misinformed/uninformed.
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Every now and then I'll have a "concerned citizen" call my office and tell me how one of my techs didn't use a turn signal or some other sort of minor traffic infraction. I thank them for their concern, and tell them I will handle it. Most of the time, that answer is not good enough for them... to which I say "Escambia County Sheriff's office is always hiring, if you want to fight crime, go sign up"...
I think that same response applies here.
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Think about it: in today's political climate, unless you are direct physical attack, you are screwed. I mean, under fire or the knife going in or a dent in your skull from a bat. Looking at comments from other sites, some have postulated that he (the aggressor) was preparing for another assault. Anyway, it was clear from the onset that they were after this guy for political posturing.
So, what does all this mean? A cop from Alabama thinks it is going to set a precedence that pretty much screws any self defense shooting. That it shifts the burden (of intention?) from the state to the defense. And good luck with that.
The law in Florida is extremely clear on when deadly force is authorized. Shoving you to the ground doesn't rise to forcible felony or great bodily harm in this case. Basically two assholes crossed paths; one is dead the other wishes he were dead.
[FONT="]A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.[/FONT]
In your 'legal' quote, I didn't see the phrase 'shoving', or any other particular scenario or action. What defines 'forcible felony' to you? Suppose you were shoved violently to the ground by one or more people? What would you think? Pause for a moment to assess the situation? Come up with guns a-blazing? Suppose your family was in close proximity when you were lovingly placed upon the earth? What happens when you pause and get your head kicked in? What happens when the assailant walks away while you were drawing-down?
Let's scale back a couple notches. Let's say the guy feared for his life. Pulled the gun. Says don't come closer. Black guy says whatever man and backs away. Gets in car and calls the law. Was pulling the weapon justified? I'd like training in this area. I've always been brought up if you pull a gun use it. Don't show it unless you are going to pull the trigger.
It's probably a good thing you don't carry anymore. If you would have taken a decent CCW class you would know that the statute also defines a forcible felony.
You seem to want a cookie cutter answer for a problem that isn't cookie cutter.
Before you decide to carry again, do yourself a favor and get some training because you're your own biggest liability.
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.
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All you keyboard warriors like to be dismissive, and that is okay. Good that you 'copy-and-paste' a cookie cutter answer. So, no of those situations applied to that dingle berry down south? What is your definition if aggravated assault and/or battery? Go on, oh wise one
I'll make it simple for you. You're a clueless wreck who has no business carrying a gun in public because you don't know the laws governing the use of it nor do you care to look them up and try to educate yourself. You would rather pontificate about what you think they should be without even knowing what they are. That is simply lazy and inexcusable. Keyboard warriors that's pretty rich coming from someone too stupid and lazy to even do the most basic research on the laws they don't know.