Results 1 to 16 of 16
  1. #1
    SGTRick1775's Avatar
    SGTRick1775 is offline Junior Member
    Join Date
    May 2008
    Location
    Melbourne Fl
    Posts
    71

    Question Castle Doctrine?

    I've been told that under Florida law we are protected under the "Castle Doctrine" which roughly states that we do not have to "flee" is someone comes into our house, we are authorized to shoot and kill whether or not the intruder poses a threat to our life.

    Is this true? And if so where I can I read the law?

    Thanks

  2. #2
    submoa is offline Member
    Join Date
    Dec 2007
    Posts
    784
    http://www.leg.state.fl.us/statutes/...776/ch0776.htm

    776.012 Use of force in defense of person.–A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

    (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

    (2) Under those circumstances permitted pursuant to s. 776.013.

    776.08 Forcible felony.–”Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
    776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.–

    (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

    (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

    (2) The presumption set forth in subsection (1) does not apply if:

    (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle . . .
    (c) 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; or

    (d) The person against whom the defensive force is used is a law enforcement officer, . . .

    (3) 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.

    (4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

    (5) As used in this section, the term:

    (a) “Dwelling” means . . .
    (b) “Residence” means . . .
    (c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

    776.032 Immunity from criminal prosecution and civil action for justifiable use of force.–

    (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, . . .


    776.041 Use of force by aggressor.–The justification described in the preceding sections of this chapter is not available to a person who:

    (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

    (2) Initially provokes the use of force against himself or herself, unless:

    (a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

    (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

  3. #3
    Todd is offline Banned
    Join Date
    Jul 2006
    Posts
    0
    Gotta love Florida.

  4. #4
    kenn's Avatar
    kenn is offline Member
    Join Date
    Dec 2007
    Posts
    291
    Texas' is very similar.

  5. #5
    Join Date
    May 2006
    Location
    Sarasota Fla / Huntersville N.C.
    Posts
    453
    In Florida don't forget the "Stand Your Ground" law.
    Essentially the Castle but outside your home.

    AFS

  6. #6
    SGTRick1775's Avatar
    SGTRick1775 is offline Junior Member
    Join Date
    May 2008
    Location
    Melbourne Fl
    Posts
    71
    thanks alot submoa, that motivates the hell outta me!!! Theres no way I could ever live in states like california!

  7. #7
    Baldy's Avatar
    Baldy is offline Senior Member
    Join Date
    Jun 2006
    Location
    Port St.John,FL.
    Posts
    6,741

    Thumbs up

    Go to this web site and buy this mans book. It will help you understand the laws in Florida. He is a Lawyer and tells you what is up on all the different laws. I carry his phone number in my pocket. Everbody who carries in this state should.
    http://www.floridafirearmslaw.com/

  8. #8
    JeffWard's Avatar
    JeffWard is offline Senior Member
    Join Date
    Aug 2007
    Location
    St Pete Beach, FL
    Posts
    1,932
    Just added that number to my wallet too.

    JW

  9. #9
    kenn's Avatar
    kenn is offline Member
    Join Date
    Dec 2007
    Posts
    291
    I wonder if it's like this in Texas..

    "In that case Florida law usually allows the weapon or firearm to be legally kept ‘securely encased" in the vehicle, although there are some exceptions. The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP."

    I just tote my roscoe in the center console.

    I was going to install a holster in the driver side magazine holder.
    (Taurus PT111)
    Will that be securely encased enough?

  10. #10
    cbrgator's Avatar
    cbrgator is offline Junior Member
    Join Date
    Aug 2007
    Location
    FL
    Posts
    81
    One thing I'd to add is that if an intruder enters your home and you kill him, CRIMINALLY, you will not be convicted of any crimes. But...... CIVILLY you will almost undoubtedly be sued and will often lose the suit if you cannot prove the intruder was a threat (i.e carrying a weapon etc.). In reality though, when in doubt take the shot as no amount of money is worth the safety of you and family.

  11. #11
    teknoid's Avatar
    teknoid is offline Member
    Join Date
    Mar 2007
    Location
    Kentucky
    Posts
    192
    Quote Originally Posted by cbrgator View Post
    One thing I'd to add is that if an intruder enters your home and you kill him, CRIMINALLY, you will not be convicted of any crimes. But...... CIVILLY you will almost undoubtedly be sued and will often lose the suit if you cannot prove the intruder was a threat (i.e carrying a weapon etc.). In reality though, when in doubt take the shot as no amount of money is worth the safety of you and family.
    That would be a pretty weak Castle Doctrine law. I know that in KY, if no criminal charges are filed, you're immune from civil charges. It should be that way everywhere, too bad it isn't.

  12. #12
    Mike Barham's Avatar
    Mike Barham is offline Senior Member
    Join Date
    Mar 2006
    Location
    Arizona, baby!
    Posts
    5,081
    Quote Originally Posted by cbrgator View Post
    One thing I'd to add is that if an intruder enters your home and you kill him, CRIMINALLY, you will not be convicted of any crimes. But...... CIVILLY you will almost undoubtedly be sued and will often lose the suit if you cannot prove the intruder was a threat (i.e carrying a weapon etc.). In reality though, when in doubt take the shot as no amount of money is worth the safety of you and family.

    From submoa's informative post above:

    776.032 Immunity from criminal prosecution and civil action for justifiable use of force.–

    (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, . . .
    Employed by Galco Gunleather - www.galcogunleather.com / Veteran OEF VIII

    Donate to the Christian and Stephanie Nielson Recovery fund: http://www.nierecovery.com/.

    All opinions, particularly those involving politics and Glocks, are mine and not Galco's.

  13. #13
    teknoid's Avatar
    teknoid is offline Member
    Join Date
    Mar 2007
    Location
    Kentucky
    Posts
    192
    776.032 Immunity from criminal prosecution and civil action for justifiable use of force.–

    (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, . . .
    That's what I thought. Same as KY. Glad to see the law has some sense to it.

  14. #14
    cbrgator's Avatar
    cbrgator is offline Junior Member
    Join Date
    Aug 2007
    Location
    FL
    Posts
    81
    I know that that is the law. But the two are not mutually exclusive. Even if you are not prosecuted criminally, you can still be sued and the plaintiffs will try and prove whether or not it was a justifiable use of force in civil court. Not being prosecuted by the government does not protect you from a civil suit.

  15. #15
    darbo is offline Junior Member
    Join Date
    Oct 2011
    Posts
    27
    You might want to lose the term "shoot to kill". The idea is to shoot to stop the threat. If the bg dies then so be it. But if you shoot and he is no longer a threat, dead or alive, you really should stop shooting.

  16. #16
    jframe's Avatar
    jframe is offline Junior Member
    Join Date
    Apr 2009
    Posts
    9
    Under Missouri's Castle Doctrine Law the state is required to provide your defense if you are sued in a civil court after a shooting protecting your home.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

can a person be sued in a civil suit for protecting himself with a handgun in pa.

,

can you shoot an intruder if theyre attempting to flee your home castle doctrine

,

florida castle doctrin murders

Click on a term to search for related topics.