03-25-2005, 09:49
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#1
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Quiet Professional
Join Date: Jan 2004
Location: Red State
Posts: 3,774
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New Fl Gun Law
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BMT (RIP) is offline
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03-25-2005, 10:46
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#2
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Quiet Professional
Join Date: Mar 2004
Location: Vermont
Posts: 3,093
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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. 
Jack Moroney
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Jack Moroney (RIP) is offline
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03-25-2005, 10:50
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#3
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,821
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I have no issues with that.
TR
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"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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The Reaper is offline
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03-25-2005, 11:01
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#4
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Quiet Professional
Join Date: Jan 2004
Location: Central TX
Posts: 1,390
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Sounds almost like what we have had here forever.
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Air.177 is offline
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03-25-2005, 12:35
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#5
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Quiet Professional
Join Date: Dec 2004
Location: Pacific NW - Puget Sound
Posts: 1,091
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Sounds good to me! Hopefully, other States will wake up and copy this law! 
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Trip_Wire (RIP) is offline
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03-25-2005, 12:37
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#6
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Area Commander
Join Date: Jan 2004
Location: Buckingham, Pa.
Posts: 1,746
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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.
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rubberneck is offline
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03-25-2005, 15:51
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#7
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JAWBREAKER
Join Date: Jan 2004
Location: Gulf coast
Posts: 1,906
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Louisiana
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Sacamuelas is offline
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03-26-2005, 02:43
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#8
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Guerrilla
Join Date: Feb 2004
Location: Texas
Posts: 152
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Looks like FL is catching up with the rest of the gun-toting states.
Quote:
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.
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GackMan is offline
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03-26-2005, 08:32
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#9
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,821
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Quote:
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Originally Posted by GackMan
Looks like FL is catching up with the rest of the gun-toting states.
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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
__________________
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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The Reaper is offline
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03-26-2005, 22:30
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#10
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Guerrilla
Join Date: Feb 2004
Location: Texas
Posts: 152
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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.
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GackMan is offline
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