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Kitsune · 12-02-2004, 10:54 AM

Georgia tried to pass a law four years ago permitting you to shoot anyone who broke into your home, threatening or not, but it failed. Most states, including Florida, don't permit you to shoot someone just for breaking and entering -- your life must be in danger and the burgular must have a weapon and be threatening you with it. I think it really depends on the police investigating the incident, however. In Atlanta five or six years ago, it made the news that a man woke up to find someone trying to steal his car. The car owner pulled a rifle, shot the man from the safety of his home, and killed the would be thief. Police arrived on the scene, looked around, arrested no one. When the chief was confronted by the family of the car theif expecting that the owner of the car should be arrested for manslaughter, he responded, "Well, I guess he would have lived if he hadn't been stealing someone's car."

Carjacking is a different matter because the "castle law" does not apply. If someone is trying to carjack you in Florida or most other states, your first response had better be to step on the gas and drive away or get out of the car and run like hell as you do not have the same rights as being in your home. You may only pull a gun if you intend to use it to kill the criminal and you may only do that if you absolutely no means of escape. Only in a house do you have the right to stand your ground and not flee.

I highly recommend the book Florida Firearms by Jon H. Gutmacher if you have a CCW in Florida -- its an important read and I hope other states have similar books that discuss the law, sample cases, etc. Some of the sample cases are damn scary and show that you can easily have murder charges pressed against you, and be convicted, even if you were properly defending yourself.

12-02-2004, 10:54 AM	#56
Kitsune still eats dirt Join Date: Sep 2003 Location: Tampa, FL Posts: 3,031	Georgia tried to pass a law four years ago permitting you to shoot anyone who broke into your home, threatening or not, but it failed. Most states, including Florida, don't permit you to shoot someone just for breaking and entering -- your life must be in danger and the burgular must have a weapon and be threatening you with it. I think it really depends on the police investigating the incident, however. In Atlanta five or six years ago, it made the news that a man woke up to find someone trying to steal his car. The car owner pulled a rifle, shot the man from the safety of his home, and killed the would be thief. Police arrived on the scene, looked around, arrested no one. When the chief was confronted by the family of the car theif expecting that the owner of the car should be arrested for manslaughter, he responded, "Well, I guess he would have lived if he hadn't been stealing someone's car." Carjacking is a different matter because the "castle law" does not apply. If someone is trying to carjack you in Florida or most other states, your first response had better be to step on the gas and drive away or get out of the car and run like hell as you do not have the same rights as being in your home. You may only pull a gun if you intend to use it to kill the criminal and you may only do that if you absolutely no means of escape. Only in a house do you have the right to stand your ground and not flee. I highly recommend the book Florida Firearms by Jon H. Gutmacher if you have a CCW in Florida -- its an important read and I hope other states have similar books that discuss the law, sample cases, etc. Some of the sample cases are damn scary and show that you can easily have murder charges pressed against you, and be convicted, even if you were properly defending yourself.