Sunday, September 13, 2009

Deadly force in self-defense, Florida

1. Never display a handgun to gain "leverage" in an argument, even if it isn't loaded or you never intend to use it.


2. The amount of force that you use to defend yourself must not be excessive under the circumstances.

• Never use deadly force in self-defense unless you are afraid that if you don't, you will be killed or seriously injured;

• Verbal threats never justify your use of deadly force;

• If you think someone has a weapon and will use it unless you kill him, be sure you are right and are not overreacting to the situation.

3. The law permits you to carry a concealed weapon for self-defense. Carrying a concealed weapon does not make you a free-lance policeman or a "good samaritan."

4. Never carry your concealed weapon into any place where the statute prohibits carrying it. (Section 790.06, Florida Statutes) That statute lists several places where you may not carry a concealed weapon. You should read subsection 12 for a complete list, but some examples are football, baseball, and basketball games (college or professional) and bars.

A cool head and even temper can keep handgun carriers out of trouble. You should never carry a gun into a situation where you might get angry.

This is not a complete summary of all the statutes and court opinions on the use of deadly force. Because the concealed weapons statute specifies that concealed weapons are to be used for lawful self-defense, we have not attempted to summarize the body of law on lawful defense of property. This information is not intended as legal advice. Every self-defense case has its own unique set of facts, and it is unwise to try to predict how a particular case would be decided. It is clear, however, that the law protects people who keep their tempers under control and use deadly force only as a last resort.

http://licgweb.doacs.state.fl.us/weapons/self_defense.html

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