Bzzzt...wrong. Here in FLA (and several other states) we have a "stand your ground" law (The Castle Doctrine aka "Make My Day" law). We CAN blast someone, including an un-armed person, who puts us in fear of imminent bodily harm (e.g. attempting to gouge my eye out). We recently had a double-shooting (one perp dead) of two rednecks who were trying to get inside the cab of a black man's truck after a traffic altercation. He had the doors locked, but the rednecks were beating on the windows screaming racial epithets. He shot them both through the closed windows of the truck, killing one. The second perp is in jail. Black guy walked away without so much as a ticket for littering.
Calfornia has a "duty to retreat" law, which requires an individual to run away before deploying deadly force.
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Florida "Castle Doctrine" Protects the Innocent
Puts Judiciary on the side of crime victims
On March 23, 2005, The
Florida Senate passed SB-436, the "Castle Doctrine" unanimously, by a vote of 39 YEAS to zero NAYS. They know something about this bill.
On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of 94 YEAS to 20 NAYS, a margin of better than four to one.
On April 26, Governor Jeb Bush SIGNED SB-436, the "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.
The news media nationwide started in immediately with its “Gunshine State,” blood in the streets, Dirty Harry, vigilante, irrational mass murder nonsense, mythologies, lies and blatant unethical behavior.
A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" law.
Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.
The Florida "Castle Doctrine" law basically does three things:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in
Supreme Court gun cases.]
Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.
It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.
In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
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Quote:
Originally Posted by jyl
(Post 5076785)
I think you guys have been watching too many Dirty Harry movies.
Whether you have a CCW or not, live in CA or not, there is no way you can haul out your carry gun and shoot a punk because he and his fellow punks are sitting on your stairs swearing at you. In your fantasies, maybe.
This is a policing problem. As vash points out, the Haight is a relatively small area. You don't need cameras or a sit/lie ordinance (although both would be a good idea). A couple of plainclothes officers positioned to witness the harassment, and SFPD could be hauling the lowlifes away by the carload. For whatever reason, SFPD hasn't taken the necessary action.
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