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If Someone Is Trespassing Can I Shoot them in Florida?

If Someone Is Trespassing Can I Shoot them in Florida?

March 10, 20214 min read

What's Up Sheepdogs? Ryan here with Tampa Carry.

Another common question I receive is, "Can I shoot someone if they are on my property in Florida?"

Just imagine that its a cool Sunday morning and you're outside catching up on some yard work. When all of a sudden the crazy neighbor from down the street walks onto your lawn and begins screaming at you.

What are you 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? 

If someone is standing on your property, let's say your front yard, the best way to avoid the confrontation is to go inside. I understand this may be easier said than done but avoiding a confrontation is always the smartest thing to do.

Does this Scenario Fall Under the Florida Justified Use of Force Statute? 

Florida Statutes 776.012 (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Do you have a responsible belief of imminent death?  No, based on the current scenario a person is standing on your lawn. They are not attempting to kill you.

Do you have a responsible belief of great bodily harm? No

Do you have a responsible belief of the imminent commission of a forcible felony? No, because nothing has happened yet.

Is the use of deadly force necessary? Absolutely not.

According to the answers to the previous questions a person would not have a legal right to use or threaten the use of a firearm simply because a person was standing on their property. This brings us to the next question

Where is the Line in the Sand? 

The line in the sand is the point at which you would have not other option but to pull out your firearm and use or threaten deadly force. For me this would be if the trespasser had a weapon like a knife or firearm. In this situation I would present my firearm while giving commands from the trespasser to drop the weapon. During this time I would be gathering my children, because they are always playing outside and we would retreat into the home until the police arrived.

Our number one goal is to avoid using our firearm at all costs. Deadly force should only be threatened or used when you are truly backed into a corner, in fear of your life, with no other option. 
Remember the most important question you can ask yourself when playing the "What Would I Do If Game" is the following

Is my only option to stay alive to pull out my firearm and shoot? If the answer to that question is yes. Then in my opinion you should shoot. However if you have the ability to get away from the area into a position of safety. That will always be the best option.

What Would You Do? 

If you were in a situation like this what would you do? When you are working outside are you aware of your surrounds? Do you carry your firearm 100% of the time you are legally allowed to? Do you even have your Florida concealed weapons permit? If not you need to get one and I would love to help. Just click this link to get started, Florida Concealed Carry Course, I promise you will be happy you did.

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...

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Ryan G. Thomas

Ryan believes a trained and aware citizen is the best way to minimize crime, victims and senseless acts of violence. Ryan is a veteran of the United States Air Force and a father of three beautiful children. Ryan and his wife Tiffany met while doing inner city ministry for Operation Explosion in Tampa 12 years ago. He is passionate about God, his family, and his community. Ryan has a passion for the 2nd amendment and believes all Americans should have the right and ability to protect themselves and their families.

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