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-   -   For the LEO guys here -> brandishing a firearm (http://www.corvetteflorida.com/forums/showthread.php?t=2726)

Rich Z 06-06-2007 11:31 AM

For the LEO guys here -> brandishing a firearm
 
I guess most people know of the Florida Castle Doctrine law that pretty much protects a person from being at the mercy of the bad guys, but I'm kind of unclear on a detail about self defense.

What exactly is "brandishing" a firearm? Where is the dividing line between "brandishing" and drawing your weapon in preparation if potential self defense use?

Along the same lines, is "open carry" permitted in the state of Florida?

exile 06-06-2007 01:06 PM

Good question. Rich, at my farm in NC I had a nut for a neighbor come on the property to tell a crew from Morton Building's to cease work on the barn because it was "the Lords day". Of course he was drunk or he probably wouldn't have done this, but when I told him to get off the property he drew a 45 Colt semi, pointed it to the sky and cocked it as he left the property. I drove downtown immediately to speak to the law. When I told them that he had not pointed the gun at me, they said sorry, they couldn't do a thing. I was absolutely floored.
Next time I won't be so honest about where the gun was pointed when I feel I have been threatened on my property :mad:

Rich Z 06-06-2007 01:41 PM

Quote:

Originally Posted by exile
Good question. Rich, at my farm in NC I had a nut for a neighbor come on the property to tell a crew from Morton Building's to cease work on the barn because it was "the Lords day". Of course he was drunk or he probably wouldn't have done this, but when I told him to get off the property he drew a 45 Colt semi, pointed it to the sky and cocked it as he left the property. I drove downtown immediately to speak to the law. When I told them that he had not pointed the gun at me, they said sorry, they couldn't do a thing. I was absolutely floored.
Next time I won't be so honest about where the gun was pointed when I feel I have been threatened on my property :mad:

In your shoes, that guy had better not come onto my property again. I would have considered his action with that gun a threat, and if had the opportunity, would have dropped him thinking I was in mortal danger. There were just two alcohol soaked brain cells between him turning around and walking away, or pointing the gun at you and pulling the trigger.

In my opinion, that guy was "brandishing" a firearm as a threat and the LEOs should have interpreted it that way. He had no other reason to pull out that gun in your presence. He was on YOUR property confronting YOU in a threatening manner. And I believe in Florida, you could have legally shot him as a justifiably perceived threat. Not very neighborly, I know, but neither is pulling a gun on you.

Kap142 06-06-2007 04:31 PM

Were you in fear (think about your answer-of course you were) then you were the victim of an aggravated assault with a firearm (a felony). Report it to the local law enforcement agency and use those terms. "I was in fear", he could have (he had the means) to "kill" me. If necessary push the issue with local LEO.

Oh and , of course he pointed the weapon (roughly) in your direction.

Just my opinion

Ken

Rich Z 06-06-2007 05:54 PM

Quote:

Originally Posted by Kap142
Were you in fear (think about your answer-of course you were) then you were the victim of an aggravated assault with a firearm (a felony). Report it to the local law enforcement agency and use those terms. "I was in fear", he could have (he had the means) to "kill" me. If necessary push the issue with local LEO.

Just my openion

Ken

A drunk guy with a gun in his hand walking onto your property to tell you he didn't like what you were doing there? Yeah, who WOULDN'T be in fear of the potential in that kind of circumstance?

Shadow 06-06-2007 10:15 PM

Maybe this will help you make it clearer in your mind:

bran·dish(brndsh)
tr.v. bran·dished, bran·dish·ing, bran·dish·es
1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously. See Synonyms at flourish.
n.
A menacing or defiant wave or flourish.
[Middle English brandissen, from Old French brandir, brandiss-, from brand, sword, of Germanic origin; see gwher- in Indo-European roots.]

brandish·er n.

The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2003. Published by Houghton Mifflin Company. All rights reserved.

ThesaurusLegend: Synonyms Related Words AntonymsNoun 1. brandish - the act of waving
flourish
wafture, waving, wave - the act of signaling by a movement of the hand
Verb 1. brandish - move or swing back and forth; "She waved her gun"
wave, flourish
2. brandish - exhibit aggressively; "brandish a sword"

Essentially as a LEO I'm going to be looking at the circumstances surrounding the display of the weapon, the intended purpose of the user, and of course, the environment. Was the weapon displayed in a careless or wreckless manner for no apparent reason other than the display? Or, maybe to "appear aggressive (read that a badass) to others in the area. The first thing that comes to mind is the local drunk redneck out waving his firearm about in a crowd of people. No apparent reason other than to show the people that he has one and no apparent threat by anyone in the crowd toward him or anyone he would be defending.

Does that help?

Gordon

Rich Z 06-06-2007 11:30 PM

Gordon, yes it does. At least with the intentions of how to enforce that law. But do you know how the law actually READS? In other words, the letter of the law? I'm curious to know how much is left up to the interpretation or discretion of the officer.

No, I don't have something in the future in mind, just been curious about this for a while.... Since I have had a CCW permit since right after I moved down here, and that Castle Doctrine law kind of helped to take the legal jeopardy away somewhat that a bad guy could turn the tables on you with, I just like to KNOW the laws as best I am able to.

Thanks.

Shadow 06-07-2007 05:47 AM

RIch,

Here's a link to the Florida Statute 790. Pay particular attention to sections
790.10 & 790.053 as they pertain to open carry of a firearm and reckless display of a firearm respectively.

http://www.flsenate.gov/Statutes/ind...0/titl0790.htm

sandman 06-07-2007 06:07 AM

Gordon,
Does Florida have the law "Make my day law". In Oklahoma they passed a law that if you are on your property and someone pulls out a gun or weapon and you feel your life is in danger you have the right to act on it. Any means possible to defend yourself.

sandman 06-07-2007 06:13 AM

Gordon
Just read the law links you posted. That is basically straight forward. What if you are a bouncer in a bar and to break up a fight you use a stun gun is that legal?


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