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Critical information every gun owner should know, including:
- WHERE YOU CAN AND CANNOT POSSESS A FIREARM?
- WHEN YOU CAN LEGALLY USE A FIREARM?
- NUMEROUS EXAMPLES OF HOW GUN LAWS IMPACT REAL LIVES.
- CLEAR EXPLANATIONS THAT SEPARATE MYTH FROM REALITY.
- PRACTICAL INFORMATION REGARDING HOW TO STAY OUT OF TROUBLE.
- PLUS MUCH, MUCH MORE...
Written by experienced attorneys in easy-to-understand language
CAN I BE SUED IF I SHOOT SOMEONE IN SELF-DEFENSE?
No immunity from lawsuits
There is a common misunderstanding that there exists a law that if you are legally justified in using your gun that you can't be sued. This is just not the case. First, if a person has the filing fee, anyone can sue anyone else in the State of Florida. There is no one stopping anyone from filing a lawsuit. Winning a lawsuit is a different issue entirely. If someone files the lawsuit, no matter how frivolous, it still must be dealt with, and it still must be shown to the court that there is a defense that bars the lawsuit. This process can take significant time, money, and legal energy even for the most loser of cases. In short, lawyers get paid and even if you beat the "rap," you still have to take the civil "ride." So, if there is no immunity to lawsuits being filed for gun owners, what protection is there?
IF MY CHILD GAINS ACCESS TO MY FIREARM, AM I IN TROUBLE?
Criminal liability for allowing a minor access to firearms
In Florida, under Florida Statute §790.174, a person who stores or leaves a loaded firearm on a property they control who has reason to know that the firearm might be accessed by a minor, must keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or to secure it with a trigger lock. If the person is carrying the firearm on his or her body or has it close enough that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body, then the above restriction does not apply.
DO IMMUNITY STATUTES REALLY WORK?
Immunity for certain claimsMost important for gun owners if they find themselves included in a civil suit after a justified use of force will be Florida Statute §776.032. This section provides in relevant part that:
1. A person who uses or threatens to use force as permitted in §776.012, §776.013 or §776.031 is justified in such conduct and is immune from criminal prosecution including arresting, detaining in custody, and charging or prosecuting the defendant and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened.
2. (Intentionally omitted) deals with criminal investigations and is discussed elsewhere in this book.
3. The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
CAN I BE CHARGED WITH A CRIME FOR SHOOTING A DOG BEFORE IT BITES ME?
No general "defense against animals" statute
Florida gives no general statutory authorization to use deadly force in self-defense against an animal that is attacking a human. Floridians must instead rely on common law and the specific wording of the animal cruelty statute to defend against potential charges if a dog is attacking a human. In other words, there is no statutory provision in Florida that explicitly allows a person to kill a dog in order to stop an attack. People are forced to rely on the requirement in the animal cruelty statutes that a killing be "unnecessary" in order to defend against the charge of animal cruelty.