Quote:
Originally Posted by AlterZgo
Really? So what's the deal with the Trayvon Martin case where the neighborhood watch guy actually follows the kid on the street, initiates a conflict despite being told specifically by the 911 operator not to pursue the kid and shoots the kid dead, yet does not get arrested?
I'm not trying to start an argument about the right to bear arms, just genuinely curious about your knowledge of Florida gun laws and how they do or don't apply in the Trayvon Martin case.
|
There is a situation where you do not have to retreat if attempting to prevent a forcible felony. Good guys won and Mr. Martin won't be doing that again.
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.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
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;