FLORIDA FIREARMS – Law, Use & Ownership

What to do in a riot?
Copyright 2020 by jon gutmacher

I’ve been asked a few times what can folks do to protect themselves in a riot, legally? I’ve also been asked about a few different scenarios. So, here’s my take, according to current Florida law:

First, Florida Statute 776.08 defines what a “forcible felony” is. In Florida, you’re allowed to Stand Your Ground and use deadly force to stop or prevent imminent death or great bodily harm to yourself or another when responding or reacting to a forcible felony where such force is reasonable. That means if you have a REASONABLE fear you’re about to be attacked or injured in any significant way – you can at the very least DISPLAY a firearm or other deadly weapon. Whether you can discharge it or not, is another question. That depends on how reasonable the need is.

Now, don’t quote me saying “Gutmacher said I should display my firearm!” NO! I did not say that! I said you “can” display it in those circumstances. Maybe you can fire it. Maybe you can shoot one or more attackers. But, is it the smart and reasonable thing to do? I don’t know! That depends on the surrounding circumstances. So, lets take a scenario people keep asking me about, and possible reasonable solutions:

QUESTION: You are driving your car and see a riot or mob ahead. What can you do?

ANSWER: Hopefully, you can turn around, and avoid them. Perhaps, if you know a demonstration is taking place – stay far from that area to start with since the current state of affairs is that these things go south quickly. But, what if you’re suddenly caught up in it?

Well . . . Are they peaceful? If they’re not looting, throwing bricks, breaking windows, overturning cars – maybe you got lucky? Maybe it’s just the start of the upcoming riot? In this situation, if they can safely move past you. Let them. However, if you can slowly move your car to a side street and escape – do it! Maybe – motioning them to let you pull to the side, and out of their way would work? Drive slowly. Maybe a thumb  raised in alleged harmony with their cause can’t hurt? Who the hell knows? This is a really tough situation! But unless my car is actually being attacked – people trying to bash in windows, overturn it, set it on fire – I’m gonna drive very slowly, and do my best to not hurt or upset anyone.  Windows closed, doors locked!  No exceptions!  Most of the highway protests did not involve damaging vehicles, or trying to injure persons trapped on the highway. The inner city stuff – that’s been very different. You’ve gotta play it smart – because you don’t have enough ammo if they all turn on you. Plus – they’re all gonna testify against you no matter what really happens – and at least half will lie if that serves their cause.

But, as we all know – s__t happens! The fool who takes a swing with an iron bar at your window decides once wasn’t enough, and he makes it his purpose in life to break in. What can you do?

Well, at this point – I’m guessing you’re scared out of your wits, and figure “this is it!” Survival time! If that means you pull a firearm – and hope that dissuades him –Pull the firearm! If that doesn’t do the trick – and you really believe he is trying to break inside or seriously hurt you — you’ll  probably gonna be deaf for a week – but you are trying to save your life, and pulling the trigger is lawful, but I think you should know beyond a few feet your shot will likely be highly inaccurate.  You might shoot the wrong guy!  If  you need to use the vehicle as a tank and battering ram as a last option to a violent crowd then try to make your escape in any way you can.  If you have to use the tank approach — don’t stop until you’re clear of the area!  Windows closed — doors locked!    I told ya you should of stayed home!

But, what’s the law in this circumstance? Remember – in Florida – you can only use or even threaten deadly force where such is to stop or prevent a forcible felony – plus, your use must be reasonable. Likewise, deadly force is lawful where necessary to stop or prevent imminent death or great bodily harm to yourself or another.

So, obviously – the next question is: What’s a forcible felony: (Did you read my book?)

776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

So, in the situation we’re discussing. You’re in your vehicle, and suddenly there’s either a riot coming at you, or a large demonstration. If it’s a riot – are there any forcible felonies involved, or imminent?

Sure, let’s go down the list:

1. Murder, Manslaughter – probably exactly what you’re thinking will happen. If the facts reasonably support your belief – deadly force is lawful.
2. Carjacking – yup. That would be the luckiest outcome other than a peaceful protest.
3. Burglary – absolutely. Any entry into your vehicle by a club, hand, anything in furtherance of a crime is a “burglary”.
4. Arson – maybe, if they’re burning stuff.
5. Any other felony which involves the use or threat of physical force or violence . . . Sure. Participation in a riot is a third degree felony. If one of em is threatening you or your family or friends – it’s now a “forcible felony”.

Anyway – hopefully, none of this ever happens to you. Stay FAR AWAY from demonstrations! If somehow you’re caught up in one of these situations, maybe the advice I just gave you will work, maybe it won’t. But at least, you have some ideas – and also know the law, and know it will likely be on your side. Unfortunately, the crowd won’t. Nor, is it likely the press and media will, either. And politicians – they’ll sell you out quicker than you can say “Joe Biden”. Good luck!