FLORIDA FIREARMS – Law, Use & Ownership

A Suggested Fix for Problems with the Self Defense Statutes in Florida

Chapter 776 of the Florida Statutes covers the self defense area in Florida. It has several major shortcomings caused by drafting errors in a 2014 amendments to the chapter, and one major problem that the Legislature overlooked, and has never really addressed. My suggested changes are as follows, with an explanation why they are necessary:

PROPOSED CHANGE TO 776.012:

776.012 Use or threatened use of force in defense of person.

A person may use, or threaten the use of such force as they reasonably believe is necessary to stop or prevent an imminent and unlawful physical attack against themself or another, except that a person may not use deadly force except to stop or prevent imminent death or great bodily harm to themself or another, or prevent the imminent commission of a forcible felony. A person who uses deadly force in accordance with this subsection does not have a duty to retreat, and may stand his or her ground, if the person using deadly force is not engaged in activity that is defined as a felony or misdemeanor in the Florida statutes, and is in a place where they have a reasonable belief they are permitted to be.

WHY THIS SECTION OF THE LAW SHOULD BE MODIFIED:
This section fixes several major problems:

1. It makes clear retreat is unnecessary when using non-deadly force. This has been the law in Florida since Colonial times, and is the rule in most states.

2. This fixes the problem in the current wording of the statute regarding threats as the mere “threat” of using deadly force was always lawful as long as was reasonable – whereas the “use” of deadly force is highly curtailed.

3. There is a significant drafting problem in the current C. 776 with the phrase “criminal activity” as many things that are perfectly legal under Florida law, are “criminal activity” under federal law. (such as legal use of medical use of marijuana, driving with a securely encased firearm in many areas allowed by Florida law, but not Federal, etc.) This limits the phrase to only Florida crimes.

4. Likewise, violations of local ordinances should not be considered as “crimes” sufficient to remove immunity protections. (building code violations, etc) Only crimes that are so defined under the Florida statutes.

5. the term “place where they have a ‘right’ to be” is a drafting issue, and should include places where a person has a reasonable belief they are entitled to be.

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PROPOSED CHANGE TO 776.013

{SUBSECTION (1) OF 776.013 IS MODIFIED. THE REST OF THE SECTION IS UNCHANGED}:

776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person who is within a dwelling, or residence, in which the person has a “reasonable belief they are permitted to be” has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, pursuant to sections 776.012 or 776.031.

REASON FOR CHANGE:
change “right to be” to “reasonable belief”
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PROPOSED CHANGE TO 776.031

776.031 Use or threatened use of force in defense of property.

(1) A person may threaten the use of any force they reasonably believe is necessary, and use such non-deadly force as they reasonably believe is necessary to prevent or terminate another’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect..

(2) A person is justified in using deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using deadly force is not engaged in activity that would be a crime under Florida State statutes, and is in a place where they have a reasonable belief they are permitted to be.

WHY CHANGES SHOULD BE MADE:

Changes were made in this section to bring it in accord with the same substantive changes to 776.012.

CONCLUSION:

Anyway —  I guess the only problem now is trying to find a legislator willing to sponsor such a bill, and then getting it through a somewhat timid legislature on firearm issues.  Not the Florida I moved to  way back when.  That’s for sure.