Not in FL.
If you yell, "Hey! Stop that!" and they turn their attack towards you, thereby putting you in imminent danger, is that legal justification to brandish?
Not in FL.
Why not? If they start running toward you and you draw and aim at the perps without firing a shot, and they stop and run away, why would that not be justifiable? You stopped an attack against yourself that would have taken place had you not aimed the gun, and nobody got hurt.
.Improper exhibition of a firearm is (FS 790.10) a first degree misdemeanor. It occurs when any person carrying a [...]firearm exhibits it to others in a rude, careless, angry, or threatening manner -- unless in necessary self-defense
Page 225 under the use and display of a weapon:...the only time you can use a firearm [...] in self defense is when it is used to stop or prevent a 'forcible felony'. That doesn't mean necessarily firing the weapon -- pointing it may also constitute use....
the display of a weapon, without its discharge, is considered the use of 'non-deadly force'.
you have the right to use any reasonable 'non-deadly force' against a misdemeanor.
Well, according to Gutmacher:
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Page 187:
Page 225 under the use and display of a weapon:
BUT, you have to get a jury to say you acted 'reasonably'. If you are facing a mandatory 3 year prison sentence for aggravated assault the jury determination of 'reasonable' is critical (or you automatically go to prison.)
Aggravated assault (FS 775.087(2)) is simply a normal assault that includes a 'deadly weapon'. Pointing a gun at someone is by definition aggravated assault, and is punishable by a mandatory 3 year sentence.
So, I guess it all depends on the jury...if you want to chance it. It would also depend on if the person(s) you pointed it at presses charges.
In Georgia if you or someone else is in imminent danger then it is legal to use deadly force as shown in the following:
a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
The code seems to justify deadly force but is silent on brandishing.
The code seems to justify deadly force but is silent on brandishing.
From your first quote, the key word is IMPROPER. Brandishing to stop a threat can hardly be considered improper display of a firearm.
you may be required to prove you were in imminent danger. This is the chance you take and the reason deadly force should be a last resort.
If your case goes in front of a liberal hug a thug judge, You may be in deep doodoo.
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