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What Can You Do According to Florida Concealed Carry Laws?
What's Up Sheepdogs? Ryan here with Tampa Carry.
What would you do if you witnessed an adult man violently punching a 14 year old girl in the face? If you're a sheepdog you probably wouldn’t hesitate to jump into action and defend this young woman.
On April 22nd Humberto Guzman was shopping at a local grocery store when he noticed a 14 year old girl approach the cashier to ask the price of a product.
It was at this moment that a man standing in line became irate with this young woman and accused her of cutting in line. “I’m not cutting in line” the young woman said.
The irate man grabbed the young woman and began punching her in the face. The cashier, who turned out to be the young girl's mother, attempted to stop the irate man but she was no match.
Humberto, a new father to a six month old girl, identified the irate man and jumped into action to defend the girl and her mother.
After a short scuffle the irate man began to walk out of the store in defeat. Then he suddenly turned around holding a knife and charged Humberto.
What is Humberto 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?
There’s only one way for this situation to have been avoided and that is if crazy people did not exist. But since we do not live in a perfect world violence attacks like this happen on a regular basis. This is a perfect example that it doesn’t matter who you are or where you are, a violent attack can happen in a microsecond.
What Self Defense Options Could have been Used?
It should go without saying but if a grown man is violently punching a 14-year-old girl then we have a legal right to use or threaten to use of force to stop the violence attack. Here’s what the Florida law says.
Florida Statutes 776.012 (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Unfortunately the state of Florida does not provide a statutory definition for the term force. However it is safe to say that it includes the use of physical force to stop an unlawful attack.
It appears that Humberto‘s decision to defend the 14-year-old girl and her mother by physically attacking the irate man was enough to stop the initial attack. However the entire situation changed when the irate man pulled out a knife and launched into round two.
Does this Scenario Fall Under the 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.
Does Humberto have a responsible belief of imminent death? Yes if someone is threatening or attempting to stab me I am going to believe I have a reasonable belief of imminent death
Does Humberto have a responsible belief of the imminent commission of a forcible felony?
F.S. 776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
Is the use of deadly force necessary? Hell yes this irate man has a knife and he has already proven to be crazy and now he’s threatening to stab people.
Is Humberto in a place where he has a right to be? Yes, Humberto has a legal right to be inside of this grocery store.
Is Humberto engaged in criminal activity? Based on the news articles that I have read, Humberto does not appear to have been engaged in criminal activity.
Where is the Line in the Sand?
The line in the sand is the point at which I’m Humberto would have no other option but to pull out his firearm and use or threaten the use of deadly force. For me this line would be the exact moment that I identified a knife in the irate man’s hand. I would’ve immediately presented my firearm and put three in his chest.
What Would You Do?
What would you do if you were at a grocery store and you witnessed an irate man violently attacking a woman? Would you get involved or would you stand back and be a good witness? If an irate man pulled out a knife and attempted to stab you or someone around you do you possess the skills to present your firearm from concealment and engage the threat? Do you carry your firearm 100% of the time you are legally allowed to? What would you do in this scenario?
The Rest of The Story
Humberto thought the violent attack was over when the irate man began walking out of the store. However that quickly changed when the irate man pulled out a knife and charged him. Unfortunately I’m Humberto was not prepared and he was stabbed multiple times and eventually died from his wounds.
This is a very sad story of a sheep dog who did not possess the skills necessary to defend his life from a violent attack.
Most people never think they will need a firearm, until they need a firearm. However at this point it is too late.
Please don’t make the same mistake that Humberto made last week. If you don’t already have it you need to get your Florida concealed carry permit and you must carry your firearm 100% of the time you are legally allowed to.
Finally you must develop the skills to manipulate your firearm at a high-level during a violent attack. Just because you’re a good person does not mean you’re going to survive we must train and we must prepare before it’s too late.
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...