[extropy-chat] FWD [tlc-brotherhood] Re: new topic - shotguns

Terry W. Colvin fortean1 at mindspring.com
Tue Dec 27 05:21:19 UTC 2005


Ummm ... well, sort of - but not quite!. There has been a LOT of

inaccurate publicity, and false assertions, about the so-called "new Florida
self-defense law."   (Even the NRA got it wrong when they publicized the
"new law" - which I pointed out to them in a letter.)

In reality the only change in the law of self defense, in Florida, is a
technical one dealing with a "duty to retreat" outside the home.
Essentially the old common-law  "Castle Doctrine" now applies outside the
home as well. (It always has appled inside the home).

Contrary to what has been said by the gun-control zealots, and the media,
there is no change in the requirement that before you can use deadly force
in self-defense (or defense of others), the aggressor must be using force
"likely to cause death, or serious bodily harm".  That means if you shoot an
unarmed agressor (outside your home), even in self-defense, you may still
be prosecuted - and convicted.   Fortunately, inside your home still is (and
always has been) a free-fire zone against intruders - armed or unarmed!.

Gary Beatty (Florida Assistant State's Attorney & Professor of Criminal Law)
Medic - NKP (73-74)



-- 
"Only a zit on the wart on the heinie of progress." Copyright 1992, Frank Rice


Terry W. Colvin, Sierra Vista, Arizona (USA) < fortean1 at mindspring.com >
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