August 2024

August 2024

The shooting of bears in Florida has long been illegal.  Even when Floridians were forced to defend their lives against bear attacks, shooting a bear could lead to arrest and trial where the defender would have to rely on the affirmative defense of necessity.  Floridians could not shoot a bear attacking their pets or destroying their property.  Until now!  Floridians have a new legal defense if forced to defend themselves, their loved ones, pets or property against Bears.  Florida has once again expanded upon an individual’s right of self-defense with a new law that went into effect on July 1, 2024.  The latest statute, known as the “Taking of Bears,” can be found under Fla. Stat. § 379.40411. Before July 1^st, Floridians were limited to the use of non-deadly force when encountering a bear on private property. Generally, shooting a bear was illegal unless the shooting was justified by necessity, to avoid imminent death or serious bodily injury.  (The defense of necessity is explained thoroughly in our article on shooting an attacking dog.  Click here to learn more.)  That meant that a bear was free to rummage through an individual’s private property, destroy crops, personal belongings, and even enter an individual’s home.  The new law, however, provides further protection for individuals contending with the issue of protecting human life, their pets, or their dwelling from a possible bear attack.

Specifically, Floridians may now use lethal force against a bear if the individual reasonably believes that lethal force is necessary to avoid:

1. Imminent threat of death or serious bodily injury to himself, herself, or another;
2. Imminent threat of death or serious bodily injury to a pet; or
3. Substantial damage to a dwelling.

Under the new law, anyone who uses lethal force against a bear, in self-defense, must notify the Fish and Wildlife Conservation Commission within 24 hours after using such force.  The bear must then be disposed of by the commission, not the person who used such lethal force. In fact, anyone using lethal force against a bear in self-defense may not possess, sell or dispose of the bear or its parts. Under the above circumstances, an individual will be exempt from any administrative, civil or criminal penalties. However, keep in mind that immunity for shooting a bear will not apply to anyone who:

1. Lures the bear with food or attractants for an illegal purpose, including, but not limited to, training dogs to hunt bears; or
2. Intentionally or recklessly places himself or herself or a pet in a situation in which he or she would be likely to need to use lethal force.

As always, self-defense laws do not serve as a free pass to use a firearm.  Rather, there must be a need for protection and the belief of such necessity must be reasonable under the realms of the law. The complexities of self-defense laws can be daunting for anyone facing the stress of a self-defense situation.  If you are ever involved in a self-defense related matter, you should contact an attorney before providing any details regarding your incident to law enforcement.  At the Firearm Firm, we are ready to assist you with this or any other self-defense situation.  Call today and speak with one of our Expert Self-Defense and Gun Law Attorneys.