Homeowner goes to prison after showing deadly weapon!

rivieraranch · 12-13-2010, 06:08 PM

Writing as an attorney, the use of deadly force is an extremely complicated issue.

If you fire a bullet you are legally responsible, to the state if same has been discharged unlawfully, and civilly if damages result from negligently discharging a firearm.

In Florida there is a minimum mandatory sentence for assault with a firearm. This statute was tested on appeal. The facts were that during an auto repair dispute an elderly lady pulled an unloaded gun on an auto repairman. Despite the gun being unloaded, her conviction for the minimum mandatory sentence was upheld.

If you pull a gun you better be able to show that you were legitimately in fear for your life. If not, nobody has any business pulling a gun.

Thread Tools
Show Printable Version Email this Page
Display Modes
Switch to Linear Mode Switch to Hybrid Mode Threaded Mode

12-13-2010, 06:08 PM	#8
rivieraranch User Join Date: Sep 2010 Location: South Florida Posts: 101 Thanks: 4 Thanked 4 Times in 4 Posts	Writing as an attorney, the use of deadly force is an extremely complicated issue. If you fire a bullet you are legally responsible, to the state if same has been discharged unlawfully, and civilly if damages result from negligently discharging a firearm. In Florida there is a minimum mandatory sentence for assault with a firearm. This statute was tested on appeal. The facts were that during an auto repair dispute an elderly lady pulled an unloaded gun on an auto repairman. Despite the gun being unloaded, her conviction for the minimum mandatory sentence was upheld. If you pull a gun you better be able to show that you were legitimately in fear for your life. If not, nobody has any business pulling a gun.