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Reminder That Laws Don't Always Mean What They Say |
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Gregory Morris, 1/9/10 11:37:36 am |
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Jon Gutmacher, author of the must-own book "Florida Firearms -- Law, Use & Ownership", discusses the immunity provisions in Chapter 776 of FL Statutes.
Even though the rule seems to be stated clearly, any dispute over the facts means you'll have to prove your innocence anyway.
The statute: A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle... The law was intended to give a Florida homeowner immunity from prosecution in the event that he defends himself within his own home. In reality, if either the intruder lies to police (assuming they are alive) or the police see any evidence that your story isn't 100% accurate, you will be forced to defend yourself in court regardless of the immunity provision.
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