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What's Up Sheepdogs? Ryan here with Tampa Carry.
This has got to be one of the funniest shoot or don’t shoot scenarios in this book.
On June 4th 2014, Olivia was arriving home after a long day at work. When she unlocked her door and attempted to push the door open she realized that something was in the way. “I assumed it was my boyfriend, passed out on the floor again” she said in front of a packed concealed carry permit class. Shocked by how casually she made this statement I replied “You may need a different boyfriend”
Olivia pushed the door open, stepped over the body and turned on the entry light. It was at this point that she realized it was not her boyfriend who was passed out it was an armed intruder.
While Olivia was at work this burglar broke the back window of her home however he was so intoxicated that he passed out drunk before he could make his great escape. As Olivia was looking at the man she noticed a pistol in the small of his back. What is Olivia legally allowed to do according to Florida concealed carry law?
Let’s ask ourselves the big questions.
The Big Questions
How Could this Situation Have Been Avoided?
The only way this situation could’ve been avoided is if Olivia had chosen a more responsible person to date. My wife Tiffany has only seen me intoxicated one time in over 20 years and that was at her brothers wedding where I drank a little too much bourbon and spent the night vomiting in the bathroom.
If Olivia has become so desensitized to finding her boyfriend passed out drunk on the floor of their home she needs to trade up to a different level of man.
Does this Scenario Fall Under the Castle Doctrine?
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.
Was the attacker entering or attempting to enter a residence? Yes the would-be burglar did make entry into a private residence.
Is the attacker entering or attempting to enter unlawfully? Yes the burglar does not have a legal right to be inside of the home and he was not invited.
Is the attacker entering or attempting to enter by force? Yes the burglar was able to get into Olivia‘s home by breaking the window in the back bedroom. According to Florida concealed carry law this would be considered a forcible entry.
Is the use of deadly force a reasonable response? A better way to ask this question would be: is Olivia‘s only option to stay alive to pull out her firearm and shoot a man who is asleep on the ground? In my opinion the answer to this question would be no the best thing for Olivia to do is to get out of her home and call 911.
Where is the Line in the Sand?
The line in the sand is the point at which Olivia would have no other option but to pull out her firearm and use or threaten the use of deadly force against this burglar. For me the line in the sand would be if the burglar was awake when I arrived home or if the burglar woke up and attempted to reach for his weapon. In these two situations I would have no other option but to pull my firearm and use or threaten the use of deadly force.
What Would You Do?
What would you do if you were in a situation similar to Olivia ‘s? If you arrived home and realized something was blocking your front door would you force the door open or would you leave the area and call the police? If you found a burglar drunk and unconscious inside of your home would you shoot first or would you flee the area? What would you do?
The Rest of The Story
After Olivia realized that the burglar was not her irresponsible intoxicated boyfriend she knew she needed to get as far away from the situation as possible. She immediately exited her home jumped into her vehicle and drove to the entrance of the subdivision where she eagerly awaiting the police to arrive. The police were able to arrest this drunk burglar without incident.
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...