So I received my Fl CCW permit today in the mail and I'm reading the accompanying paper work that came with it and I came across and interesting fact that I would like to share with everyone, actually two facts.

 

First, Florida considers an unloaded handgun pointed at a person a deadly weapon. Never knew that. Not that I would just funny that's the way its defined.

 

Secondly, from what I am reading if you un-holster your gun, and don't fire a shot you can be charged with aggravated assault which carries a 3-year prison sentence with no early parole.

 

Now you say why do you find that interesting. The first scenario that comes to my mind is this.

 

Someone is attempting to rob you and has you at knife point but they are standing a foot or two away to not cause an out-right altercation. According to Florida, because the person has a weapon, and would be threatening you, you are now allowed by the state of Florida to use deadly force on him because you are afraid of death or serious bodily harm. So you take your gun out and this is where the problem lies. Everyone knows you don't bring a knife to a gun fight. So lets just say for arguments sake, you take the gun out, and the guy drops to the ground and lets go of the knife. He's now giving up the fight because he knows if he tries to stab you, your going to shoot him.

 

But according to the state of Florida, you technically can be punished up to three years because you did not shoot him. Does this make any sense or am I reading into this too much. I mean I understand its a hypothetical question but I could definitely see it happening.

 

Discuss!!!!

...... reading too much into it.....

Just shoot the mo-fo, pick up his knife and cut your arm!

Fire one in the air to be in compliance. Do I get a star for that ??? :mrgreen:

Fire one in the air to be in compliance. Do I get a star for that ??? :mrgreen:

 

No because that is illegal as well. And I also think you need to guarantee you will shoot the person and either kill or cause major bodily harm if you are to take your gun out.

In a situation like that you were defending yourself. What it means is if you are the aggressor or just brandishing your gun when there is no threat that justifies deadly force, then you are breaking the law.

 

It's to prevent idiots from being like YO DOOD CHECK MAH GLOCK! just because they feel like showing off. So they made it a big crime to do so!

 

Of course, I'm not a lawyer....

hmmm interesting. I guess you would be defending yourself but I wonder how that would hold up.

 

Where are all our cop buddies, I'm curious to see how they interpret it!

Most CCW laws are made so you dont just flash the weapon as intimidation.....

Most CCW laws are made so you dont just flash the weapon as intimidation.....

 

Yes I know this. But in the situation I described it wasn't so much a flash as intimidation, more like protecting your life but he realizes he's going to lose so he gives up.

I mean realistically I guess if your drawing your weapon, if you have actually practiced like your suppose to, prior to actually carrying. You'll have it drawn on target and should be pulling the trigger before he has a chance to drop to the ground realistically. But still interesting.

 

M

I'm no lawyer either. From what I learned about [shifting] ROEs (rules of engagement) is that the most important thing about situations like that is 1. avoiding it all together and 2. deescalating said situation (like running if you have the avenue of escape). But if the guy lunges at you, and you draw... and he suddenly backs off, I think that would be considered appropriate action on your part... personally if it escalated to the point where I actually had to draw my sidearm, there would have been at least two or three shots at center mass regardless. Not that I would ever want to fire on another human, but to me a situation where a legal CCWer has to draw must be pretty dire situation indeed. Like NJ609 said, the measures are probably to prevent idiots and a**holes from getting themselves or others hurt... *And brandishing.

That's kind of what I figured BBK. If I was drawing a gun, I'd have at least one shot off before he actually knew you were drawing a weapon. Maybe that's what they mean by this. Don't try to de-escalate a possible death situation by taking out a gun. Only by using deadly force may you de-escalate the situation.

 

Kinda goes along the lines that a CCW'er is not a police officer. A CCW'er is to only take his gun out to use in a lethal manner whereas cops sometimes use their weapon to de-escalate a situation if it comes to that.

 

Very interesting to see all the little situations that are very possible and the thought process you must accomplish and be confident in before you take your gun out on your personal self with other human lives around.

 

M

Btw since you are all excited and new with your FL CCW, just wondering if you know the site that has the reciprocity info. For real, as maintained by FL itself: http://licgweb.doacs.state.fl.us/news/concealed_carry.html

 

Enjoy!

Yip that one has been bookmarked before I ever applied

 

But thanks for posting it in the thread for others to benefit.

 

I just heard that Florida got rid of Nevada though, not like I'm going there anytime soon!

Yip that one has been bookmarked before I ever applied

 

But thanks for posting it in the thread for others to benefit.

 

I just heard that Florida got rid of Nevada though, not like I'm going there anytime soon!

 

But we got Nebraska last September. Another place I won't be going! lol

I have a roadtrip to NC in March..... once I cross into Virginia..... holster up!

You walk to your car in a parking lot few guys get close to you asking for beer money in a not friendly fashion, you feel intimidated then you pull your weapon aiming to the ground, that

According to the state of Florida, you just committed a crime by what you've told me.

 

A. you pulled out a gun to "leverage" an argument.

 

B. You pulled your weapon out when no immediate threat to your life was present. Words are not a threat, he must posses something to prove he intends to carry out his threat.

According to the state of Florida, you just committed a crime by what you've told me.

 

A. you pulled out a gun to "leverage" an argument.

 

B. You pulled your weapon out when no immediate threat to your life was present. Words are not a threat, he must posses something to prove he intends to carry out his threat.

 

I should said harassing me in a threatening verbally way. What you want from me I

Still not legal to pull out your gun according to the pamphlet that Florida sent me. He would either have to have a deadly weapon or be coming at you saying those things for you to take out your weapon. And at that point your shooting to kill, not to get leverage in the situation.

 

Law laws laws bahh

I agree with NJ609.... It's to prevent show offs from "whipping out a piece" when it's not needed.

if he has a knife, is a few feet away and you've not drawn, you should run.

 

Google Tueller drill

http://en.wikipedia.org/wiki/Tueller_Drill

And when you're done reading about the Tueller Drill, check this out:

(warning - has some very graphic pictures/video)

As soon as you see the knife and audibly hear the threat I would draw and fire! Problem solved bad guy looses!