View Full Version : New Fl Gun Law
BMT (RIP)
03-25-2005, 09:49
http://www.newsmax.com/archives/articles/2005/3/24/160309.shtml
:munchin
BMT
Jack Moroney (RIP)
03-25-2005, 10:46
You have to be within the confines of the dwelling as described in this bill," Peaden said during Wednesday's floor debate. "You just can't shoot anybody on the street and drag 'em in."
I like this aspect of it. To me it means that you can get him coming thru the door so all the blood and body parts stay outside of the house. :D
Jack Moroney
The Reaper
03-25-2005, 10:50
I have no issues with that.
TR
Sounds almost like what we have had here forever.
Trip_Wire (RIP)
03-25-2005, 12:35
Sounds good to me! Hopefully, other States will wake up and copy this law! :munchin
rubberneck
03-25-2005, 12:37
Colorado has the same sort of law. I wonder how many knuckleheads will break into homes in Florida knowing full well it might be the very last thing they ever do.
There is a state (I can't remember) that also affords the same protection to automobiles. The theory was that the state allowed it's citizens the right to keep a loaded handgun in their car and any one who breaks into a car where a loaded handgun is stored becomes an immediate threat and the use of deadly force by the owner is justified. I'll try and find out which state it is. I remember reading about the law in a gun rag and being impressed with how forward thinking the state was.
Sacamuelas
03-25-2005, 15:51
Louisiana
Looks like FL is catching up with the rest of the gun-toting states.
Oregon Revised Statutes
ORS 161.209 - Use of Physical Force in Defense of a Person
Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self defense or to defend a third person from what that person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which that person reasonably believes to be necessary for the purpose.
ORS 161.219 - Limitations on Use of Deadly Physical Force in Defense of a Person
Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling.
(3) Using or about to use unlawful deadly force against a person.
The Reaper
03-26-2005, 08:32
Looks like FL is catching up with the rest of the gun-toting states.
That specifically says "in" not near a dwelling, though I am not sure how you could be "attempting to commit a burglary in a dwelling".
It would seem to me that if you are "in" you are already a burglar, though maybe that covers people who have entered, but not actually taken anything yet.
Have to ask for a legal explanation of that one.
TR
The 'in a dwelling' part for Oregon law delineates Burg I from similar crimes.
Burglary of a dwelling = Burglary I
Burglary or a business, storage, vacant home, etc. = Burglary II
my non lawyer interpretation means they need to commit the crime of burglary I or take steps to commit the crime. e.g. they bust down your door or stick a crowbar through the window, they don't need to enter the home.... but it has to be a home, not a detached garage or storage shed.