The Florida Stand Your Ground Law allows people to self-defend. However, the law can not be practiced in every situation. This blog post covers everything you need to know about it.
Introduction
The Florida Stand Your Ground law has recently made national headlines with high-profile cases. But what exactly is this law, and how does it work?
It can be confusing to understand, but we’ll clarify the basics of the Florida Stand Your Ground Law and how it works.
In this post, we will not only explain the law but also take a closer look at what it means for the people of other states.
What is the Florida Stand Your Ground Law?
In the United States, self-defense laws are different in every state. For example, the legislature modified Florida’s self-defense laws in 2005.
Florida’s self-defense statutes include a Stand Your Ground Law that allows individuals to use deadly force if they think it is necessary to prevent imminent death or serious bodily harm.
The statute also allows for using deadly force to prevent the imminent commission of a felony. Unlike other states, Florida does not require individuals to flee instead of using deadly force.
How does Florida stand your ground law work?
The Florida stand your ground law, as mentioned in Sections 776.012 of the Florida Statutes, states that – A person is permitted to use or threaten to utilize force, except deadly force, against another when and to the extent that they believe it is required to defend oneself or someone else from bodily harm.
A person accused of a violent crime can avoid prosecution if they show that the conditions apply to their case.
However, there are certain situations where this law does not apply, such as:
● The legislation states that it does not apply if someone attempting to defend themselves is committing a crime.
● For instance, an armed robber cannot shoot someone and then claim self-defense.
● Moreover, if you use deadly force against a law enforcement officer carrying out their official duties in Florida, the stand your ground law does not apply.
● Furthermore, if you purposefully provoked the other person, you may not use the stand your ground law to justify lethal force.
Can I shoot a trespasser in Florida?
Yes, per Florida’s Stand Your Ground Law, A person can use deadly force against a trespasser if they reasonably believe it is about to commit a forcible felony or cause great bodily harm.
This law applies to your home, car, and business property. You are not legally obligated to retreat or call the police first– you can go straight to using deadly force if you feel it is necessary.
Although, there are exceptional scenarios where an individual can’t use such force on an intruder.
“In accordance with Florida law, if the defendant was in their house or vehicle, the law presumes that they had a reasonable fear of imminent death, danger, or bodily harm. Furthermore, the person who unlawfully entered the defendant’s house by force is presumed to be doing so with the intent to commit a crime that involves force or violence.”
fighterlaw.com
Florida Stand your Ground Law history.
The history of Florida Stand Your Ground history dates back to the 1600s. The “castle doctrine” is the basis for Florida Stand Your Ground legislation.
The idea is that if a person lawfully occupies a location—their home or vehicle, for example—they have the right to use force to defend themselves against an intruder or potential danger. However, It’s a centuries-old concept first codified in England in the 16th century; the term “castle” was added more recently (about 400 years ago).
The castle doctrine was established during English common law in the 1600s and subsequently brought over with settlers when they immigrated to North America.
When was the Florida Stand your Ground law passed?
In 2005, Florida’s “Stand Your Ground” bill was passed. The statute allows individuals who believe they face an imminent threat of deadly or bodily harm to respond with force rather than withdraw.
However, many people throughout the country are now aware of “Stand-Your-Ground” legislation due to media attention given to the Trayvon Martin case.
Some have suggested that George Zimmerman, who was charged with second-degree murder in the shooting death of Martin, may use Florida’s “Stand-Your-Ground” law as a legal defense.
How does self-defense work in Florida?
Regarding self-defense in Florida, the state has one special law that stands out from other states in the United States. The “Stand Your Ground” legislation in Florida differs from the self-defense statutes in other states, which require you to flee before using a weapon.
Before you use your weapon or attempt to kill someone, you must flee. Before using a gun or any other weapon, one should try to escape your attacker. The use of a firearm is the last resort.
This is not the case with self-defense in Florida; the law does not require this. Instead, the law permits individuals to use lethal force when they believe their life is in danger or threatened with severe bodily harm– regardless of whether there is an opportunity to retreat.
What self-defense weapons are legal in Florida?
Presently, in Florida, firearms cannot be openly carried in public places, with a few exceptions. For example, you can openly take them if you go fishing or hunting. Also, under “Florida statute 790.053”, it is legal to briefly and publicly show a concealed firearm to another person as long as the display does not look angry or threatening.
According to “Florida statute 790.053”, a person can openly carry these weapons for self-defense:
● Chemical sprays, only for self-defense;
● Non lethal stun guns;
● Non lethal dart-firing stun guns; or
● Non lethal electric weapons or devices only used for defense purposes.
How many states have the Stand Your Ground law?
Currently, 38 states in the United States have a Stand your ground law.
Those states are Alabama, Wyoming, Arizona, Florida, Alaska, Georgia, Idaho, Iowa, Kansas, Kentucky, South Dakota, Tennessee, Louisiana, Michigan, Nevada, New Hampshire, Mississippi, Missouri, Montana, North Carolina, Oklahoma, Texas, Utah, Pennsylvania, South Carolina, West Virginia, and Indiana.
“Before the law was enacted, when a person was under threat and even afraid for their life, they had to take reasonable measures to remove themselves from the situation. This is called a “duty to retreat.” If the threat didn’t abate after that, then they could use force if necessary to protect themselves.
By removing the duty to retreat, the Florida Stand Your Ground law aims to make it easier for Florida residents to protect themselves and their families. And Florida isn’t alone in protecting residents in this manner—more than half of states have a stand your ground law on the books now.”
mikeglaw.com/florida-stand-your-ground
Some states have adopted the Stand Your Ground laws, but it only applies when a person is in their car. For example, North Dakota, Ohio, and Wisconsin are among the states that have adopted this legislation.
Final Words
In conclusion, the Florida Stand Your Ground Law allows people to use force to defend themselves without having to retreat first. However, the law is not without criticism, as some feel it has to lead to people taking justice into their own hands. What do you think? Let us know in the comments.
References/Sources:
- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html
- https://www.flsenate.gov/laws/statutes/2018/776.012
- https://www.fighterlaw.com/is-it-legal-to-shoot-an-intruder-who-enters-my-home-in-florida/
- https://www.mikeglaw.com/florida-stand-your-ground/
- https://billofrightsinstitute.org/e-lessons/stand-your-ground-and-castle-doctrine-laws-elesson
- https://en.wikipedia.org/wiki/Stand-your-ground_law
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