Another stand your ground with a couple of twist

Discussion in 'Too Hot for Swamp Gas' started by GolphinGator, Aug 6, 2013.

  1. GolphinGator
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    GolphinGator Well-Known Member

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  2. orangeblueorangeblue
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    orangeblueorangeblue Well-Known Member

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    I strongly dislike the way this law works. Self defense or Castle Doctrine as an affirmative defense should be wholly sufficient.
  3. GolphinGator
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    GolphinGator Well-Known Member

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    Did you read the intire article? Looks like this guy may have been selling Crack. Maybe he was on some who knows. Does not look like he was an angel and I think selling crack is killing people in a way also. What if he had come at you with a large stick would you think you had the right to stop him?
  4. orangeblueorangeblue
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    orangeblueorangeblue Well-Known Member

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    Yeah, that's self defense.
  5. helix139
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    helix139 Premium Member

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    Not sure I get that ruling. SYG requires one to not be engaged in unlawful activity and since he was illegally carrying a concealed weapon, we was engaged in unlawful activity and the statute should not apply.
  6. kygator
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    kygator Well-Known Member

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    One of the resident lawyers may be able to clarify the "not be engaged in unlawful activity" aspect of the SYG law. I would have assumed that it meant if the life threatening situation you are in is because you are engaging in unlawful activity. The teen was breaking the law because he had a gun. However, having the gun was not relevant to his being attacked. If he were robbing someone and someone tried to stop him by attacking him, he wouldn't be able to shoot that person and claim SYG. In that case, he would have been attacked because of his illegal activity.
  7. helix139
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    helix139 Premium Member

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    The statute doesn't state that the unlawful activity has to be relevant to being attacked. It just states "A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

    Additionally, the deadly force statute (which includes but is not limited to SYG) states that there is no presumption of reasonable fear of peril of death or bodily harm if "The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity;"

    http://www.leg.state.fl.us/statutes...ing&URL=0700-0799/0776/Sections/0776.013.html

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