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Shooting an Intruder in an Attached Garage

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  • 11-16-2013, 02:46 PM
    immanurse
    Shooting an Intruder in an Attached Garage
    My question involves criminal law for the state of: FLORIDA

    i'm kidding... though i have a questions about it.

    long story short... home invasion victim.

    home i rent/live in was broken into. YES, i was present... i purchased a firearm but do not know the laws here in Florida. my garage is attached to the home. meaning, you can enter the home, if you are in the garage. i exercise in my garage and i want to bring my firearm with me.

    if i encounter an intruder, can i discharge bullets into him/her/them? i am a nurse and do not want to kill/hurt anybody, but i do not want to be a victim, AGAIN.

    thanks, in advance.
  • 11-16-2013, 02:53 PM
    jk
    Re: I Shot Somebody in My Garage
    did you miss the entire Trayvon Martin debacle?
  • 11-16-2013, 02:58 PM
    LawResearcherMissy
    Re: I Shot Somebody in My Garage
    We don't do hypotheticals here, and we're certainly not in the business of telling people it's OK to shoot other people.

    The reason we don't do hypotheticals is that the details of a situation matter, and there are too many variables for us to consider every aspect of "maybe". If you want someone to research the literally thousands of permutations of your questions, I would suggest a local attorney or a bored law student.
  • 11-16-2013, 03:00 PM
    jk
    Re: I Shot Somebody in My Garage
    Quote:

    Quoting immanurse
    View Post
    if i encounter an intruder, can i discharge bullets into him/her/them? i am a nurse and do not want to kill/hurt anybody, but i do not want to be a victim, AGAIN.

    Technically you cannot discharge a bullet into somebody as discharging a bullet is the act of expelling it. You could discharge a bullet which subsequently and with such ferocity entered the subject before you that it would disrupt his normal biological functions to the point he is incapacitated either temporarily or permanently but, what you really want is...

    You want to be able to shoot the sucker with impunity.
  • 11-16-2013, 03:06 PM
    Dogmatique
    Re: I Shot Somebody in My Garage
    Quote:

    Quoting jk
    View Post
    Technically you cannot discharge a bullet into somebody as discharging a bullet is the act of expelling it. You could discharge a bullet which subsequently and with such ferocity entered the subject before you that it would disrupt his normal biological functions to the point he is incapacitated either temporarily or permanently but, what you really want is...

    You want to be able to shoot the sucker with impunity.


    I think I love you lol
  • 11-16-2013, 03:14 PM
    aardvarc
    Re: I Shot Somebody in My Garage
    Questions like these really can't be answered in advance. Whether or not such a homicide fits within self-defense (Goodle Florida's "Castle Doctrine") or not is something that juries decide, after the fact, after the events have already occurred. In other words, while Florida is among the most progressive in its allowance of the use of deadly force, particularly in defense of one's home, there isn't a guarantee of a "blank check to shoot".

    With that said, you should be familiar with how Florida's statutes CURRENTLY define the "stand your ground" doctrine, which you can find here:

    http://www.leg.state.fl.us/statutes/.../0776.013.html

    Be aware however that this particular statute, and how the courts apply it, is under constant attack both with proposed changes and tweaks to the legislation, but also subject to the constant flow of case law.

    If you're going to be a gun owner, and don't feel that you have a good grasp of Florida's laws as they relate to self defense, stand your ground, and the castle doctrine, there are 4 hour instructional courses that can be found through many firearms dealers, colleges, and the Fish and Wildlife Conservation Commission. Courses approved by the state will also meet the requirements for training, should you wish to consider seeking a concealed carry permit.
  • 11-16-2013, 07:24 PM
    adjusterjack
    Re: I Shot Somebody in My Garage
    Quote:

    Quoting immanurse
    View Post
    i purchased a firearm but do not know the laws here in Florida.

    There's your problem right there.

    You've got it backwards.

    You were supposed to learn the laws before you purchased the firearm.
  • 11-16-2013, 07:37 PM
    jk
    Re: I Shot Somebody in My Garage
    Quote:

    Quoting adjusterjack
    View Post
    There's your problem right there.

    You've got it backwards.

    You were supposed to learn the laws before you purchased the firearm.

    excellent point.
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