Use of Force Archives

If The McCloskeys lived in Florida

July 24, 2020

What if the McCloskeys lived in Florida? By now, you are almost certainly familiar with the St. Louis couple that are accused of pointing firearms at protesters that passed by their home. Since the incident, we have received hundreds of questions asking us what rights a Florida gun owner would have to protect their property…

Deadly Force to Defend Another!

February 11, 2019

Can you use deadly force to defend another in Florida? Yes, and determining when you can do so is easy. Place yourself in the “shoes” of the third person. If the law would allow them to use force or deadly force to protect themselves, you can defend them. You can use the same level of…

How Can I Lose The “Presumption of Reasonableness” Under Florida’s Castle Doctrine

January 07, 2019

By David S. Katz We previously discussed the “Castle Doctrine” in Florida and the protections it offers. (visit: http://thefirearmfirm.com/the-castle-doctrine-in-florida/) However, you can lose the valuable protections the Castle Doctrine gives. Read on to learn more. There are a few ways that a person can lose “Castle Doctrine” protection and the presumption of reasonableness regarding their…

When is an Action “Imminent” Under Florida Law?

January 04, 2019

By David S. Katz When does someone have a reasonable belief that they must use force in order to protect themselves from an “imminent use of unlawful force” by another? In Florida, the decision will be ultimately decided by a jury. Let’s focus on the word “imminent.” Florida courts have said that imminent means an…

What Conditions Must be Present For a Justifiable Use of Force Under Florida Law?

December 28, 2018

By David S. Katz On FaceBook, Larry Benson asked, “what are the 2 conditions of Justifiable Use of Force?” Our complete answer follows: What Conditions must be present for a justifiable use of force under Florida Law? Florida Statute Chapter 776 is titled, “Justifiable Use of Force.” Section 776.012(a) discusses the use of force and…

Stand Your Ground in Florida

December 26, 2018

In 2005 Florida created the nation’s first “Stand your Ground Law.” The 2005 version of Florida’s Stand Your Ground Statute, which was found in §776.013(3) read: “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…

The Castle Doctrine in Florida

December 25, 2018

By David S. Katz The term “Castle Doctrine” does not appear in Florida law, however, the legal concept comes from the philosophy that every person is a King or Queen of his or her “castle.” As such, no king or queen is required to retreat before using force or deadly force against an intruder in…

How does Florida Law Define Force & Deadly Force?

December 24, 2018

By David S. Katz Force There is no specific definition of “force” in Florida’s “Justifiable Use of Force” chapter. (Florida Statutes §776.012(1)). Florida Standard Criminal Jury Instruction 3.6(g) defines non-deadly force as “force not likely to cause death or great bodily harm.” If we boil this definition down, force may be described as unwanted physical contact…

Volunteer Armed Church Security

December 11, 2018

Florida law changed on June 30, 2021. This article has been updated to include the change in Florida Law. Volunteer Armed Church Security Force Can a group of CWFL holders join together to act as an organized, volunteer armed church security force, even if uncompensated? Can a CWFL holder even carry a weapon at a…

Category: Use of Force

If The McCloskeys lived in Florida

Deadly Force to Defend Another!

How Can I Lose The “Presumption of Reasonableness” Under Florida’s Castle Doctrine

When is an Action “Imminent” Under Florida Law?

What Conditions Must be Present For a Justifiable Use of Force Under Florida Law?

Stand Your Ground in Florida

The Castle Doctrine in Florida

How does Florida Law Define Force & Deadly Force?

Volunteer Armed Church Security

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