They sure did. I think it went into effect on 10/1/2005. Like 6 months after I got arrested.

But, so what? It doesn't matter if there is a law or not.

It doesn't matter if you did the right thing or not. If they want to prosecute, then they can prosecute. The state attorney can charge you with anything he wants to. He might lose, but he can still charge you. And you'll have to pay to defend yourself.

I won my case, but I paid out the @$$ for the privelage of fighting the state. They charged me with felony aggravated assault with a firearm for apprehending a guy who broke into my car. Oh he went to jail that night also, in the other deputy's car.

The castle doctrine only applies if you believe your life is in eminent danger. Forced entry into a home or office is a felony and you can reasonably fear for your life and take a shot at someone.

Getting your car broken into while you are NOT in it is a whole different ballgame. If it was a carjacking, that's one thing. But, your life isn't in danger if you are in bed watching the tube while Johnny Thief is ripping off your stereo.

I learned the hard way... drawing a weapon in that situation just makes things very bad. If I'd taken a bat instead of a Glock, it might have been a different scenario.

My lawyer said even if you take a shot at someone trying to mug you, you are going to jail for the night until things get sorted out and you may well be charged criminally and have to prove innocence. Plus, castle doctrine doesn't cover civil liabilities and people have actually been sued for damages after they beat a criminal firearms case.

The new law in Florida hasn't been tested in court and I know I don't want to kill someone and be the first to test it and look at life in prison if I lose. Do you?

Bottom line... if your life isn't in danger, just call the police and let them handle it. Not to mention pulling a gun is just asking to get shot if the bad guy actually has a weapon..

I could have bought my VW outright with the money I spent defending myself against what I thought was a justifiable action (and turned out to be).

But... try telling your wife that you might spend 3 years in prison because of a $300 stereo and that she can't buy Xmas gifts because your attorney wants to get paid first.

 

I think they were one of the first with this law. I remember all the hysteria when it was passed. Libs were screaming that people would be shooting everybody in sight. One fact that gun control advocates don't quote is, the states with the least restrictive gun laws have less crime than the states with the most restrictive laws. Kinda makes you stop and think twice about breaking in somebodys house knowing they probably have a gun. I remember about 2 years ago, a guy in NYC shot a burglar in his home, in the middle of the night, that was making his way to his sleeping daughter's bedroom. The homeowner was prosecuted for having an unlicensed gun. Probably got sued by the criminal too.

I realize this was your car and not your home. I guess it comes down to where you live and the politics of the DA's office.

 

Hey Kanuck, love the Ram air hood and my wife has given me permission to get one for my truck once I begin the modding next spring. My question is where did you get your's and how much did it cost you? Thanks

 

Diabolikul, you only drew your weapon correct, no shots. And this is in FL? Before reading this I would never have hesitated to draw a weapon at someone stealing my property...California has it's drawbacks.

 

Correct, no shots fired. In fact, the gun was never even pointed at the burglar. Just unholstered, at low ready and containing the situation until the authorities arrived.

And here in Florida, you can have a sidearm in plain view as long as you are in your home or in your yard, so the concealed weapons permit didn't make a difference for me.

Like I said, they keep telling me that "forcible felony" and "defense of life and property" are keywords. Apparently if I'd stayed in the house, my life wouldn't have been in danger. I apparently escalated the situation by exiting my home, placing myself in danger and unholstering my weapon.

My lawyer said if he'd have come in the house, all bets are off or if I happened to be in the car (ie carjacking, a forcible felony) then I'd have been safe with my actions.

I personally think it's BS. Wrong cop, wrong prosecutor. I've heard other cases where cops gave the homeowner a pat on the back without any issues.

 

Exactly, I've heard stories gone so far the cops even offered advice like dragging the body INTO the house and they'd say nothing of it.