FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?


DirtyHarry420

New member
Breaking into automobiles is an issue for some of us citizens of Florida. If I see someone rummaging around in my vehicle while it is unoccupied and parked in my driveway, can I blast them? I have U.S. Law Shield, a FL state CCW, and am up to date on my state's firearm laws. I just didn't find any legislature or statutes clarifying my rights if the vehicle is UNOCCUPIED. Any guidance would be much appreciated, thanks!
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(3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).

(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.

(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

History.—s. 1, ch. 2005-27; s. 4, ch. 2014-195.
 

What purpose do you see in shooting someone that "rummages around in your vehicle while it is unoccupied and parked in your driveway"?
 
"....can I blast them?" If you do, be ready to defend the wording of this question in court because it'll certainly be brought up by the prosecution.

Sent from my XT1585 using Tapatalk
 
Just think about it though, if it were perhaps legal to shoot thieves for breaking in and rummaging around in someone else's car, it might just help to; I dunno, maybe persuade these people to think twice about screwing with other people's property. Just sayin'....
 
. . .
(3) A person who is attacked in his or her . . . vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).

(4) A person who unlawfully and by force enters or attempts to enter a person’s . . . occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence....

No empty or unoccupied vehicles. A person has to be inside the vehicle to make it defensible.
 
Blast them? No. Not in any state that I know of. Having some dead, unarmed guy inside your car with your lead in them means you go to jail.

The Place To Be
 
Oh, ok cool so you don't mind if I break into your vehicle and take whatever I want then. Just let the world walk all over you.
 
Oh, ok cool so you don't mind if I break into your vehicle and take whatever I want then. Just let the world walk all over you.
All you can really do is call the police. If they attack you while you're inside your vehicle or after exiting the vehicle and threaten grave bodily harm in doing so then probably justified. Every court is going to want to know if you could have avoided killing this lowlife for stealing your sunglasses. Dictated by circumstances but it's most likely a no.


The Place To Be
 
Oh, ok cool so you don't mind if I break into your vehicle and take whatever I want then. Just let the world walk all over you.

Stupid is as stupid does. Play stupid games, win stupid prizes.

You clearly have the wrong mindset, just like a few other posters in this forum that started "can I shoot someone" threads. You also clearly have no clue about justifiable homicide, the law, what happens after you shot someone, and many other aspects. Good luck with playing judge, jury and executioner. You may want to consider sleeping in your bathroom to get accommodated to prison life.

Let's set aside for a moment that you want to commit murder. You are planning to shoot someone that "rummages around in your vehicle while it is unoccupied and parked in your driveway". That means you have to shoot at your car and the person bleeds out in your car. That's thousands of dollars in damage that no insurance company covers. Next, the car gets impounded with everything that's in it, likely for several months. Does sound shooting that person still being a good idea?

You just shot someone to defend property. Law enforcement arrives. What do you do? You explain that you shot someone to defend property. You will get taken into custody, asked a few more questions, and then formally arrested and read your rights. You will stay at least a night in jail, until your bail hearing. You will contact U.S. Law Shield. They will provide you initially with an attorney. Once you have spoken with your attorney, he will tell you that you committed a crime and discuss with you the next steps. Does sound shooting that person still being a good idea?

The next steps are trying to find a way to pay bond, as U.S. Law Shield simply doesn't do that, and trying to find a way to pay your attorney, as U.S. Law Shield doesn't do that either in your case. You will likely spend all of your savings, possessions and credit lines on your legal defense. You will discuss options for a plea deal with your attorney. The plea deal is for you really about how many years you will spend in prison. Does sound shooting that person still being a good idea?

Meanwhile, you realize that you have taken a life. You name gets paraded on the news with the additional title: the "Maniac from Florida". You will have media following you for the first several days. Part of your family will disavow you. Your wife may divorce you. Your kids may not want to see you ever again. You are alone. It's just you and your lawyer, waiting months for the trial or for a plea deal. You do realize that you will go to jail. Your life is in shambles and your future is a jail cell. You are getting depressed and likely have thoughts of suicide. Does sound shooting that person still being a good idea?

For me, none of my property is worth my life. I am willing to take a life to save a life. I am not willing to financially ruin myself and go to jail over a person breaking into my car. My car has a burglar alarm. That typically takes care of business. My car can't be driven away without its key and all things that one may consider valuables are secured in the car.
 
I don't keep valuables in my car when I'm not in it, and I keep it locked. We have motion detecting lights on our driveway.

I own nothing that is worth someone's life.

One person breaking into a car hardly equals "the world" walking all over me. If I thought that, I would get therapy.
 
"Letting" someone walk all over you, and killing those whom you perceive would be getting away with taking the walk, are two completely different kettles of fish. It is the perception of your actions by others that matters which will determine if you were being "walked all over" to such a severe degree that it would justify you killing the walker. Those others are commonly referred to as "cops," "grand juries," "prosecutors," and "trial juries," the latter group being the most important to influence in the proper way how their perceptions will ultimately conclude - justified or unjustified.

But since it seems beyond apparent that you're more concerned with finding excuses to "blast away" at someone for little or no justifiable rationale, than to study case law and/or black-letter law and/or the history of how either have been adjudicated in your particular jurisdiction, and you seem intent on resolving minor trespassing-types of conflicts with a gun, I'm gonna suggest that you go ahead and blast away when the trespassing occurs. While my advice could represent a clear and present danger to the poor shlub who trespassed against your driveway and/or car, your following it would more than likely get you off the streets so that none of the rest of society would be exposed to the clear and present danger you represent to us. Tough call, but I'm gonna say go ahead and blast away. LOL

Blues
 
Some people just really do not understand the mindset of those that do take on the responsibility of carrying concealed. That whole vigilante, frontier justice, Charles Bronson BS is just media inspired fantasy. If someone attacks you or your family then that is why you carry. I'm not a crime fighter or Dirty Harry. Methinks your moniker speaks for itself.

The Place To Be
 
A little bit of common sense here. Is that person threatening you in anyway? If that person is not coming at you, then I would call the cops and hold him there until they arrive.
 
A little bit of common sense here. Is that person threatening you in anyway? If that person is not coming at you, then I would call the cops and hold him there until they arrive.
But, would you be justified in brandishing/pointing a weapon at that individual and holding them until officers arrived?
I’m not sure about here in South Carolina.
Anyone have any input on this?
 

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