Florida’s Deadly Force Law

Florida is one of those states that still allows for use of deadly force in order to stop the commission of a felony, which played out in this story out of Florida:

Authorities do not plan to file charges against a Florida orange grove owner who fatally shot a 21-year-old woman, saying he is protected under the state’s controversial “no retreat” law.

But the woman’s boyfriend faces second-degree murder charges in her death, because the woman was shot to death during an alleged felony — the theft of an SUV.

This has nothing to do with the “no retreat law”.  Florida law allows for, and has always allowed for, the use of deadly force to stop a felony in progress.  In fact, this was common law, as I understand it, even going back to English common law.

At common law, the duty to retreat did not apply to someone stopping a felony (then felonies actually were serious crimes, unlike today when it’s anything politicians disapprove of strongly).  Duty to retreat generally only applied to individuals who were brawlers, or engaged in some other kind of non-felonious dispute.  Those individuals were expected to retreat before resorting to deadly force.  But if someone pulled a deadly weapon to rob you, you were justified in shooting him dead on the spot, as you were stopping a felony.

Fast forward a bit, and states started to take the common law justification of self-defense and put it into statutory law.  A lot of states, when they did this, took out the common law justification for felony, since these were done at a time when professional police forces were becoming common, and it was felt that apprehending and stopping felonies was a more a job for the police than private citizen.  The effect this created was that one had a duty to retreat in all circumstances.  Under American law, retreat is only necessary when the actor could have obtained complete safety by doing so, but it is still an element of the law, even if someone pulls a knife on you and demands your belongings, or even in a carjacking situation.  A prosecutor could, in theory, argue that you didn’t need to shoot the carjacker when you could have just driven off.

Some states, however, did create statutory justifications for stopping commission of a felony, and Florida is one of them.  This doesn’t have anything to do with castle doctrine.  Castle doctrine laws are meant to address the carjacking situation I spoke of above.  They eliminate the duty to retreat from a place you have a legal right to be, and establishes that deadly force may be used on a home invader, without having to first ascertain whether he presents a deadly threat.  This is not a new idea.  It used to be, many years ago, common law.

But don’t expect the media to do their research for you.

No Wonder Sugarmann’s a Sad Clown

Bitter did an analysis of VPC’s finances a few years ago.  Now Howard Nemerov has updated us on the current state of VPC’s finances:

In 2007, VPC saw a small improvement, mostly by cutting functional expenses by 48.7% since 2003, plus the fact that salaried employees received no raises since 2005, along with  $144,227 increase in “direct public support.” (Where this “public support” comes from will be examined in Part 2, because this tells the story of who VPC really represents.)

This ought to be good.

Harrisburg City Council Votes to Waste Money in a Legal Fight

Taxpayers in Harrisburg will be happy to hear that their City Council voted unanimously to waste money by passing an illegal gun control law. They passed the same kind of law that has prompted a lawsuit from NRA in Pittsburgh. I wonder how the residents feel about a gun law that won’t make a lick of difference, but will cost the city tens of thousands of dollars to defend – tens of thousands of dollars that could be going to schools or other local program.

Does Alaska Even Have Anti-Gun Legislation?

I asked Bitter if Alaska even has anyone who would dare introduce gun control bills after reading this story this morning.

Hundreds Turn Out to Protect Gun Rights

It was standing room only at the Soldotna Sports Center last night as many from the Kenai Peninsula attended the rally of the Second Amendment Task Force of the Kenai Peninsula. Even the presenters discussed the turnout, including Bob Bird of Nikiski. He was gratified with the turnout. He explained to the audience that the rally was not called as part of the National Rifle Association, or as part of the Gun Owners of America. Those speaking at the rally wanted to relay the message that there is a reason Americans should be concerned that the freedom to keep and bear arms is being threatened.

It’s great to hear about pro-active gun owners.

Let’s Hope They Are Right

The Beaver County Times published a short editorial about the gun rights rally in Harrisburg last week.

Hundreds of pro-gun advocates, led by the president of the National Rifle Association, showed up to remind state lawmakers who is pulling the strings and whose strings are being pulled.

It was an impressive combination of clout and cowering. (It’s not hard to figure out which adjective applied to gun backers and which applied to lawmakers.)

I hope they are correct in their prediction that gun control at the state level isn’t likely to move.

Early Endorsement Fisking

It looks like Gun Owners of America is throwing its weight behind Pat Toomey, even though we’re still an entire year out from the Republican Primary, and as far as I can tell, the primary ballot isn’t even really known yet:

First, Senator Arlen Specter provided the instrumental Republican
support to get anti-gun Attorney General Eric Holder confirmed by the
Senate.

So did GOA A- rated Shelby.  So did GOA A rated Chambliss, and GOA A rated Isakson.  I could go on.  Point being, 75 Senators voted, including a lot of Senators highly rated by GOA voted to confirm Eric Holder.  I anxiously await GOA’s endorsement of their primary opponents this early on.

Then, he singlehandedly pushed through the massive economic bailout, the so-called stimulus bill, which contained several provisions of concern to gun owners.

This has nothing to do with guns.  Most of GOA’s arguments centered around the health care provisions of the bill, combined with their opposition HR2640, which has been documented extensively on here as total bunk.

Every time Attorney General Eric Holder opens his mouth and talks about reinstating the Clinton gun ban, gun owners know they have Arlen Specter to thank.

Along with several other highly rated GOA Senators.

Without Specter, there would be no $1 TRILLION bailout.

Really, by the time debt services and other frills of the “socialism
bill” are accounted for, the cost will be over $3 TRILLION!

I thought you were Gun Owners of America, not the National Taxpayers Union, or Americans for Prosperity.  What about the highly rated GOA representative Jason Altmire, who has an A-.  What about highly rated Congressman Dan Boren, also with an A-.  They voted for the Porkulus too.  Shall I go to the Senate?  You have to decide what your issue is.  If it’s conservatism, you should change your name and rate many of these representatives lower than they are rated.

Please help Gun Owners of America make this Specter’s last term in office by supporting Pat Toomey for Senate at: http://www.toomeyforsenate.com/contribute

What if A- rated Gerlach decides to run in the primary, because he’s apparently thinking about it.  Do you want to endorse an A vs. A- candidate?  What if Gerlach wins?

Rep. Toomey was “A” rated by Gun Owners of America during his time in Congress.

So were many others who voted the same way as Arlen Specter has.  Why single him out?  I have an answer.  GOA knows NRA is likely to stand by Specter as long as Specter keeps voting the right way on guns.  They know that will upset a lot of the faithful who hate Specter on issues that are not related to guns.  They are hoping to capitalize on that.  I can’t think of what else it could be.

Many GOA supporters were quick to lambast Bob Barr on his vote for the Lautenberg Amendment, probably won’t give Arlen Specter much credit for voting against it.  But who I am I to get in the way of a joke of a pro-gun organization trying to promote themselves.