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What Can You Do According to Florida Concealed Carry Laws?
What's Up Sheepdogs? Ryan here with Tampa Carry.
Look at your wife so that when I kill you you will be looking at each other when you go to heaven.
Orlando thought these would be the last words he would ever hear as he knelt on the ground of his driveway in Homestead Florida. But let me start the story at the beginning.
For years Orlando had been carrying a firearm Concealed 100% of the time he was legally allowed to. However on this day he was returning home from a business trip. It was about 11 o’clock at night and Orlando and his wife Nini were on their way home from the airport. At the time they lived in a very rural area of homestead.
Orlando’s home sat on five acres of land with his home in the center. To keep the dogs in the yard and to prevent trespassing Orlando decided to install a gate at the front of his driveway.
When they arrived home Orlando jumped out of the vehicle to open the gate. As he was approaching the gate he heard a strange voice in the shadows. “Give me a cigarette” the strange man said in a deep voice. Orlando immediately knew that something was wrong. So he rushed to open the gate to his property where his two Rottweilers were barking ferociously.
“Don’t open that gate or I’ll kill you” the strange man said “Give me everything you have”
Could you imagine coming home after a long trip expecting to be able to relax and enjoy the evening but instead of being confronted by an armed robber. Orlando didn’t know what to do so he complied with the demands of the strange man handing over his wedding ring bracelet and a gold chain.
Nini was sitting in the vehicle watching her husband getting robbed at gunpoint and she did something that my wife would do. She began removing her jewelry and throwing it under the car.
It was at this point that the robber approached Nini and demanded that she exit the vehicle.
“Kneel down next to your husband” the robbery demanded as he waved his gun around. “Look at your wife so that when I kill you, you will be looking at each other when you go to heaven.” It was at this moment that Orlando knew the robber wasn’t planning to let them go. He was going to kill them.
With the firearm in one hand the robber attempted to search for valuables in the vehicle with the other.
What is Orlando legally allowed to do in this situation according to Florida Concealed Carry Laws?
Let’s ask ourselves the big questions.
The Big Questions
How Could This Situation Have Been Avoided?
In my opinion the only thing that could’ve been done to avoid this situation would’ve been to have bright lights around the gate area of Orlando’s home. This in combination with situational awareness would’ve allowed Orlando to identify the potential threat before this individual got to close.
Does This Scenario Fall Under the Justifiable Use of Force statutes?
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.
Are you or someone around you going to die within seconds? Yes the strange man has a gun and is threatening to kill Orlando and his wife.
Is the use of deadly force reasonable? Yes I believe any jury in the world would look at this situation and believe that Orlando’s only option to stay alive was to pull out his gun and shoot the attacker.
Is the use of deadly force necessary? I believe so, however as I’ve mentioned in the past we should never draw on a drawn gun. This means if an attacker is already pointing a gun at you you should not attempt to grab your gun.
Are you in a place that you have a right to be? Yes Orlando and Nini are located on their driveway which they have a right to be on.
Are you engaged in a criminal activity? No they are not engaged in criminal activity.
Where Is The Line In The Sand?
Orlando did not have his concealed carry Firearm because he was returning from the airport. Personally I make it a habit of bringing my firearm with me when I travel if I am legally allowed to conceal carry in the state that I am going to. However even if Orlando would’ve had a fire on that day it is never smart to attempt to present your firearm from concealment while in attacker is already pointing a firearm at you. Instead you have to wait for the attacker to get distracted on something else therefore giving you the opportunity to pull your firearm and shoot without the risk of the attack or shooting you first.
Let’s pretend for a moment that Orlando did have his Firearm with him that day. When the attacker demanded Orlando’s belongings Orlando could have removed his necklace and thrown it on the ground behind the attacker. This would cause the man with the gun to turn around to pick up the necklace therefore giving Orlando a perfect opportunity to present his firearm from Concealment and use or threaten the use of deadly force.
What Would You Do If?
What would you have done in a situation just like this? When you are pulling into your driveway do you have bright lights that help you see if anyone is attempting to hide in the area? Or is your home like Orlando’s filled with darkness providing cover for the enemy? If someone was holding you and someone you love that gunpoint do you possess the skills to be able to prevent your firearm from concealment and neutralize the threat the second the attacker takes their attention off of you? What would you do in this situation?
As the robber was pointing his gun at Orlando The Firearm accidentally discharged with the bullet impacting just inches away from Orlando’s leg. I then told Orlando and Nini to stand up and walk into the bushes. Orlando knew that once the robber had them in the bushes he was going to kill them. Without even thinking Orlando picked up his eight month pregnant wife in his arms and began running through the woods in a zigzag pattern.
“I’m not sure how I was able to pick her up or make it through the woods without falling but I knew if we stayed we would be dead.” Orlando said during our interview.
This story is a perfect example of how we never know when violent things are gonna happen and we are either going to be ready or we are going to be a victim.
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...