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What's Up Sheepdogs? Ryan here with Tampa Carry.
In December of 2018, Jessica was in the kitchen preparing for a Christmas party the next day. Her family had spent the last few weeks decorating the home in preparation for the party. Suddenly, Jessica noticed a naked woman standing in her front yard. As if this wasn't strange enough, the nude woman began attacking and destroying their Christmas decorations. Jessica immediately picked up her phone and called 911.
CRASH!! "What was that?" Jessica yelled to her children. "She broke the window," yelled Brittany, Jessica's 9-year-old daughter.
Acting quickly, Jessica grabbed her home defense pistol and took a defensive position near the front door. The crazy woman then began to smash the glass on the front door, attempting to enter the home.
What is Jessica allowed to do according to Florida concealed carry laws? Let's ask ourselves the big questions.
The Big Questions
How Could This Situation Have Been Avoided?
I don't think Jessica could have done anything to avoid this situation.
What Self-Defense Options Could Have Been Used?
In my opinion, a firearm is justified in this situation.
Does This Fall Under the Castle Doctrine Statute?
Florida Statutes 776.013(2)(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle;
Florida Statutes 776.013(5)(a) Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
Is the attacker attempting to enter unlawfully? Yes.
Is the attacker attempting to enter by force? Yes.
Is the use of force a reasonable response? Yes, I believe so.
In my opinion, Jessica would be within her rights to use, or threaten the use of, deadly force as the naked woman was smashing down her front door. However, Jessica made a brilliant decision by taking up a barricaded position with her firearm pointed at the door while she was on the phone with the police. Jessica had decided to shoot only if the attacker made entry into her home. Thankfully, the police arrived and apprehended the woman before Jessica was forced to fire her gun.
Where Is the Line in the Sand?
I've always been a big believer that just because we may be allowed to shoot, it doesn't mean we should. Pulling that trigger and taking a life is going to be a life-changing moment for you, and it needs to be the absolute last resort. I think Jessica made the right decision. In my opinion, she had a right to shoot while the attacker was attempting to enter her residence. However, Jessica drew a line in the sand by making a clear decision not to fire unless the attacker physically entered her home. This single decision saved Jessica and her family thousands of dollars in legal fees, years of stress, and the burden of taking a life.
What Would You Do?
What would you do in a situation like this? Would you shoot through the door, or would you wait for the attacker to make entry? Do you have a home defense firearm staged and ready to go? What would you do if you were outside and this crazy woman appeared out of nowhere? Do you carry your gun when you're outside?
Can You Use a Firearm If Someone Is Breaking into Your Vehicle?
You probably noticed that Florida Statute 776.013(4) uses the term “occupied vehicle.”
Florida Statutes 776.013 (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
The term “occupied” would mean that a person was inside the vehicle while the attacker was attempting to enter unlawfully by force. This begs the question: Can I use a firearm if someone is breaking into my vehicle?
I'll answer this question in a future article.
That's all I have for today. So until next time keep training and stay safe...
Ryan G. Thomas
P.S. You’re one step away from getting your Florida concealed carry permit….FAST & EASY…
And for a limited time you can watch the concealed carry course online for free... Click here to get started...