Author Topic: FL - CWFL - Use of Deadly for to Protect Property  (Read 3833 times)

sacvet

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FL - CWFL - Use of Deadly for to Protect Property
« on: July 28, 2015, 09:06:45 PM »
Page 14 of the  CWFL states "you may use deadly force to stop the imminent commission of a forcible felony against the 3rd person's property."
While technically allowable under F.S. 776.031(2) Use or threatened use of force in defense of property, every forum, meeting, US Law Shield seminar etc. has advised never to use deadly force in a property situation, and that even threatening to use it is risky.  However, the CWFL seems to say this is perfectly permissible to stop a forcible felony against a 3rd person's property - e.g. someone smashing his way into my neighbor's detached, unoccupied garage or shed.

Please clarify, as I recently handed the book out in CWFL class and was specifically asked if deadly force in this situation is legal.  I thought to myself: "In Texas, yes; in Florida, no."
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

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Re: FL - CWFL - Use of Deadly for to Protect Property
« Reply #1 on: July 29, 2015, 05:58:44 PM »
There is a thread titled "Smart vs. Legal" started in early July in this same section that might be applicable to your question.  It may be legal, but you could be bringing a lot of heartache and expense on yourself for a few dollars worth of property. I'm certainly not saying we need to do nothing - just have to keep the "big picture" in perspective.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

CongoHarry

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Re: FL - CWFL - Use of Deadly for to Protect Property
« Reply #2 on: July 30, 2015, 03:29:07 PM »
Quote from: "sacvet"
...Please clarify, as I recently handed the book out in CWFL class and was specifically asked if deadly force in this situation is legal.  I thought to myself: "In Texas, yes; in Florida, no."

In Virginia (my former residence prior to escaping to freedom in the West), also "no."  You could not use (or threaten) deadly force to protect property.  Yours or anybody else's.  The approach to handling property issues there concentrated solely on being able to justify deadly force as a means to protect self.  Local law enforcement instructed us never to say  "I held him at gunpoint and threatened to shoot (or did shoot) because he broke into my house at 0300 hrs. and was stealing my dang' TV set!"  Or "I caught the sumbitch in my car, trying to steal it! So, I pulled a gun on him!"  We were instructed to always be able to articulate a credible fear of death or bodily injury.  NOT to lie, but to accurately relate what transpired.  It''s all in how you say things.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »