1911Forum banner

Florida's "no duty to retreat" law?

1006 Views 36 Replies 17 Participants Last post by  k_dawg
I was just wondering something after reading the other post here about a similar law being propossed in michigan.

"Jones said when he introduced his bill a few weeks ago that the measure would allow deadly force to be used only in response to a threat in a person's home or car. He later corrected himself after learning that it is identical to the Florida law, which allows people who feel threatened anywhere — on the street or even in public places such as a bar — to defend themselves with deadly force."

The part "even in public places such as bars" Is what I'am wondering about. Does this mean its legel to carry my gun into a bar now here in Florida? For the record I'am usually the designated driver so I woulden't be drinking. Thanks for any input.
1 - 20 of 37 Posts

· Registered
Joined
·
1,471 Posts
Florida concealed carry law does not allow one to legally carry in a bar.

While there is no case law, I would imagine that should you have to defend yourself; you could be charged with carrying a gun in a bar.


790.06 License to carry concealed weapon or firearm.--

"Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. "
 

· Registered
Joined
·
151 Posts
If you are not drinking, and you are properly concealed, and you never have to defend your life, you are more likely to be struck by lightening than to get into legal trouble for carrying in a bar. In fact about the only way you could get into legal trouble for that is if you needed your weapon to save your life, and then you have to ask yourself whether you'd prefer being dead and not in legal trouble of alive and in legal trouble. Not a hard choice, seems to me.
 

· Registered
Joined
·
679 Posts
Pondarosa said:
If you are not drinking, and you are properly concealed, and you never have to defend your life, you are more likely to be struck by lightening than to get into legal trouble for carrying in a bar. In fact about the only way you could get into legal trouble for that is if you needed your weapon to save your life, and then you have to ask yourself whether you'd prefer being dead and not in legal trouble of alive and in legal trouble. Not a hard choice, seems to me.
Amen !!! I look at carrying in some locations that would make me illegal as a form of non-violent civil dis-obedience. I don't go to bars but I have picked up my sick child at school with a well concealed firearm on me. And I have gone to school sporting events in similar mode. Operative word is "Concealed". Like you said, I'd rather be alive than "legal" dead.
 

· Registered
Joined
·
1,415 Posts
I believe the law goes into effect this Sat, Oct 1st. The anti gun groups are predicting Florida to turn into the wild west!

I went to sit in on a CCW class at the gun show last weekend. I really hate to say it, but some of the characters in the class were kind of scary... Unfortunately, they spent about 2 hours going over how to fill in the paperwork and about 45 minutes on the nuances of the statutes... I think that the speaker might have been a record holder in speed talking! When I took the course 15 years ago (or so), I think the course was two, three hour evenings. It was much more in depth. I went primarily to hear what they had to say about the new law and they skipped it entirely. So I just bought the new edition of Firearms Law by Jon Gutmacher which covers it as well as additions on his web site. He has been the "authority" on Florida CCW law for years now and even the courts and police seem to be using his book to interpret the law. If you have a CCW in Florida its worth a look.

http://www.floridafirearmslaw.com/index.shtml

H
 

· Registered
Joined
·
3,453 Posts
Well in Florida the term bar is slightly ambiguous. You can be in a restaurant or other establishment that serves alcohol, however you cannot be in the bar/lounge area.

If you are in an establishment that primarily serves alcohol then you cannot carry there at all...
 

· Registered
Joined
·
60 Posts
bigboyhf said:
So I just bought the new edition of Firearms Law by Jon Gutmacher which covers it as well as additions on his web site. He has been the "authority" on Florida CCW law for years now and even the courts and police seem to be using his book to interpret the law. If you have a CCW in Florida its worth a look.

http://www.floridafirearmslaw.com/index.shtml

H
+ 1 one on this book. It is a must have and a huge wealth of information.
 

· Registered
Joined
·
236 Posts
bigboyhf said:
I believe the law goes into effect this Sat, Oct 1st. The anti gun groups are predicting Florida to turn into the wild west!

I went to sit in on a CCW class at the gun show last weekend. I really hate to say it, but some of the characters in the class were kind of scary... Unfortunately, they spent about 2 hours going over how to fill in the paperwork and about 45 minutes on the nuances of the statutes... I think that the speaker might have been a record holder in speed talking! When I took the course 15 years ago (or so), I think the course was two, three hour evenings. It was much more in depth. I went primarily to hear what they had to say about the new law and they skipped it entirely. So I just bought the new edition of Firearms Law by Jon Gutmacher which covers it as well as additions on his web site. He has been the "authority" on Florida CCW law for years now and even the courts and police seem to be using his book to interpret the law. If you have a CCW in Florida its worth a look.

http://www.floridafirearmslaw.com/index.shtml

H
You went to a gun show for the CCW class? And it was cheaper than going to a class held privately, wasnt it? You get what you pay for.
Those 'gunshow' CCW classes are all about THEM making money, not necessarily about teaching YOU properly.

Jon Gutmacher does know his stuff about FL law and firearms. +1 on that.
 

· Registered
Joined
·
1,415 Posts
jlang11 said:
You went to a gun show for the CCW class?
I actually went to the gun show to look around. When I inquired about the class, they said I could sit in for free since I already had my license. I think it may be a few dollars cheaper than classes at the range, but I would not recommend it to anyone who actually wanted to learn something! My sons both want to take the class and I would not think of sending them to that class... In fact, I will make them read Gutmacher's book first, then take a class. It should be required reading. When the knife laws in Florida changed regarding switchblades, I emailed him with a question that was not covered in the version of his book that I had at that time, and he was kind enough to respond. I liked that and would consider using him as my attorney if I ever needed one for a shooting.

H
 

· Registered
Joined
·
36 Posts
Sorry to be so out of touch with this subject, but where can I find the "black and white" on this new law? I went on the Florida department of agriculture site and it hasn't been updated. I just want to know if this is an extention of the Castle law into public places or more?
 

· Registered
Joined
·
236 Posts
HoppeB said:
Sorry to be so out of touch with this subject, but where can I find the "black and white" on this new law? I went on the Florida department of agriculture site and it hasn't been updated. I just want to know if this is an extention of the Castle law into public places or more?
I think this sums it up pretty well. I remember seeing it somewhere else too.
http://www.floridafirearmslaw.com/florida-selfdefense-law-analysis.pdf
 

· Registered
Joined
·
1,471 Posts
Bob, I am standing here in South Florida, on the first day of the new "no duty to retreat" law.

Inspite of the dire warnings of the Brady Campaign, all seems relatively calm. It's just yet another sunny and nice day in south florida.

No mayhem on the roads to report. No gun-fights at the O'Cuban Corral
 

· Registered
Joined
·
3,037 Posts
HoppeB said:
Sorry to be so out of touch with this subject, but where can I find the "black and white" on this new law? I went on the Florida department of agriculture site and it hasn't been updated. I just want to know if this is an extention of the Castle law into public places or more?
For the law itself I've posted another thread because I think folks might want to find it easily in the months to come: http://forums.1911forum.com/showpost.php?p=1099634&postcount=1
 

· Registered
Joined
·
36 Posts
Correct me please if I'm wrong but this reads to me..... If someone is trying to steal my car or anything I own I can use "force" but not "deadly force". So how far can I go with "force"?

776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
 

· Registered
Joined
·
1,146 Posts
HoppeB said:
Correct me please if I'm wrong but this reads to me..... If someone is trying to steal my car or anything I own I can use "force" but not "deadly force". So how far can I go with "force"?

776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
it means shoot them in the butt!
:D
 

· Registered
Joined
·
4 Posts
Fla. Law

IMHO the most important value of this law from what I have read is that it also removes you from Civil suits as well.

I was listening to Public Radio not long ago when Marion Hammer was debating a member of the Coalition to ban Handguns. The funny thing was that the member of the coalition admitted to haveing a CCW permit. I was rather disapointed that Mrs. Hammer didn't make more of that fact.

Rusty <><
 
1 - 20 of 37 Posts
Top