Florida court OKs force against retreating attackers - The Firearms Forum

22WRF · 08-19-2009, 01:07 PM

TALLAHASSEE, Fla. (AP) — An appellate court says Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat.
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A three-judge panel of the 1st District Court of Appeal issued that explanation today for ordering the release last month of a Tallahassee man who had been charged with first-degree murder.

The unanimous opinion may conflict with a 2nd District Court of Appeal decision in 2007. It denied "stand-your-ground" immunity to a Valrico resident because he shot a man who had retreated from his garage after an argument.

A spokeswoman for Attorney General Bill McCollum said no decision had yet been made on seeking a rehearing or appealing to the Florida Supreme Court.

armedandsafe · 08-19-2009, 01:34 PM

Link? So we can follow along future reports.

Pops

Southern Boy · 08-19-2009, 01:40 PM

It seems that Florida becomes more "gun friendly" every year. The data shows a steady decrease in violent crime since the CCW laws were first past, and with our current officials keeping their irons in the fire, we continue to make slow, but steady progress. If only the anti's would see the positives that come with decent hard working armed people, that offset the criminal elements desire to take from us what we have. It is a great feeling to travel with your family without worrying some fool can have the upper hand in their criminal pursuits. Criminals should be the ones who fear us, not the other way around.

22WRF · 08-19-2009, 02:47 PM

Link http://www.pnj.com/article/20090819/NEWS01/90819016

An AP wire story in the Pensacola News Journal

Bobitis · 08-19-2009, 03:29 PM

I see an overturn of this decision.
As much as I'd like to agree with it, It's not right.

I don't think this is what the Castle Doctrine is all about.
Then again, I don't know all the facts.

Let the flaming begin.

45nut · 08-19-2009, 04:29 PM

That's the way it works in Texas Bob.

Mjolnir · 08-19-2009, 07:40 PM

It seems to me that in a situation where one is being attacked you would be less than likely to go through the thought process of, "the attacker is facing away, I need to stop shooting." While I think it is wrong to shoot someone in the back if they are fleeing, I'd have to say that it is more wrong to punish someone for defending their family.

Tom Militano · 08-20-2009, 04:56 PM

I think if they attack you and then try to run, shame on them. They just became fair game in my book.

08-19-2009, 01:07 PM	#1
22WRF Advanced Senior Member Join Date: May 2004 Location: Pea Ridge, FL Contributor Posts: 4,271	Florida court OKs force against retreating attackers TALLAHASSEE, Fla. (AP) — An appellate court says Florida's "stand-your-ground" law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat. Advertisement A three-judge panel of the 1st District Court of Appeal issued that explanation today for ordering the release last month of a Tallahassee man who had been charged with first-degree murder. The unanimous opinion may conflict with a 2nd District Court of Appeal decision in 2007. It denied "stand-your-ground" immunity to a Valrico resident because he shot a man who had retreated from his garage after an argument. A spokeswoman for Attorney General Bill McCollum said no decision had yet been made on seeking a rehearing or appealing to the Florida Supreme Court. __________________ NRA GOA CCRKBA Happiness is a warm barrel -->

08-19-2009, 01:34 PM	#2
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Florida court OKs force against retreating attackers Link? So we can follow along future reports. Pops

08-19-2009, 01:40 PM	#3
Southern Boy V.I.P. Member Join Date: Jun 2009 Posts: 110	Re: Florida court OKs force against retreating attackers It seems that Florida becomes more "gun friendly" every year. The data shows a steady decrease in violent crime since the CCW laws were first past, and with our current officials keeping their irons in the fire, we continue to make slow, but steady progress. If only the anti's would see the positives that come with decent hard working armed people, that offset the criminal elements desire to take from us what we have. It is a great feeling to travel with your family without worrying some fool can have the upper hand in their criminal pursuits. Criminals should be the ones who fear us, not the other way around. __________________ "The 2nd Amendment is my "concealed carry permit"" Ted Nugent

08-19-2009, 02:47 PM	#4
22WRF Advanced Senior Member Join Date: May 2004 Location: Pea Ridge, FL Contributor Posts: 4,271	Re: Florida court OKs force against retreating attackers Link http://www.pnj.com/article/20090819/NEWS01/90819016 An AP wire story in the Pensacola News Journal __________________ NRA GOA CCRKBA Happiness is a warm barrel

08-19-2009, 03:29 PM	#5
Bobitis Advanced Senior Member Join Date: Apr 2009 Posts: 6,612	Re: Florida court OKs force against retreating attackers I see an overturn of this decision. As much as I'd like to agree with it, It's not right. I don't think this is what the Castle Doctrine is all about. Then again, I don't know all the facts. Let the flaming begin. __________________ ^.^ A point in every direction is the same as having no point at all

08-19-2009, 04:29 PM	#6
45nut Advanced Senior Member Join Date: Jul 2006 Location: Dallas, TX Posts: 3,433	Re: Florida court OKs force against retreating attackers That's the way it works in Texas Bob. __________________ A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that. Shane Nemo me impune lacesset We recall the case of the Shoshone war band which showed up complete with one 30-30 rifle per man the week after Pearl Harbor, and simply wanted to have the enemy pointed out to them. "We hear there's a war going on and we want to go fight it." Jeff Cooper *KCCO*

08-19-2009, 07:40 PM	#7
Mjolnir V.I.P. Member Join Date: Feb 2008 Location: Greeley, Colorado Posts: 228	Re: Florida court OKs force against retreating attackers It seems to me that in a situation where one is being attacked you would be less than likely to go through the thought process of, "the attacker is facing away, I need to stop shooting." While I think it is wrong to shoot someone in the back if they are fleeing, I'd have to say that it is more wrong to punish someone for defending their family.

08-20-2009, 04:56 PM	#8
Tom Militano Advanced Senior Member Join Date: Feb 2007 Location: Jacksonville, AL Posts: 1,255	Re: Florida court OKs force against retreating attackers I think if they attack you and then try to run, shame on them. They just became fair game in my book.