DK Firearms

Near confrontation. What's legal?

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  • Bowhntr6pt

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    Late to the thread...

    Lots of good talking points in here already.

    I've been in LE for over 20 years and have had countless hours of "Justifiable Use of Force" training crammed down my throat and as a firearms instructor, SWAT Team Commander, Active Shooter Threat Response instructor, I've given countless hours of instruction on the topic including discretionary threat instruction.

    I've responded to countless calls for service involving the U of F, including deadly force, and have made arrests as well as refrained from arrest pending further investigation. In short, I've had good exposure to how it works out legally where I live and work.

    While FL law provides for justifiable U of F in defense of self and others, as already mentioned, it can get quite muddy. The most minor of detail can shift legal opinion.

    In today's climate, I'd say the location of the incident can be as important or even more important than the specific facts involved in the incident... in other words, politics.

    I've seen Force Response and Force Continuum charts come and go, fancy terms such as Intent, Opportunity, and Jeopardy be defined and redefined. What matters most is can you articulate using verifiable facts and circumstances to justify why you did what you did... to the degree another person of reasonable thought would most likely have come to the same conclusion(s) as you and would have taken the same action(s).

    Even then... due to politics, it still might be an uphill legal battle.

    With that said, I've always equated justifiable use of force to what they say about pornography or child abuse... you will know it when you se it. I'll take actions if/when I see a need, I won't allow a person to be victimized in my presence over fear of 1) not knowing the law, 2) understanding the intent and boundaries of the law, or 3) fear of what some other person not present in the moment might think.
     

    FrommerStop

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    Only if I was in fear of my life and in a place where I have full right to be and doing something legal. officially I can be considered elderly and have some nerve damage. So in some instances I would directly to go weapons if attacked or threatened or be in fear of my life. But I would not go out of my way to confront someone on someone else property. I would dial the police first.
    If your friend is attacked and looks like he can not handle it, under Florida law you can assist him to save him from serious injury if you have right to be there and are engaged in legal activities.

    Intruders lately have been getting bolder
    Guy says I'm looking for so and so. And walks off.

    What's strange is he walks to the next house like he's going to go in it and makes an avasive action and starts walking the other way down the street.
     

    Raven

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    If as a bystander you are unable to draw your weapon, then draw your phone's camera and start collecting evidence. Maybe you'll be able to "Observe and report" your way out of a guilty verdict when your buddy decides to boot stomp somebody
     
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