Just a few months ago, this event might have been quite different with the permit holder facing jail. The new law is part of changes made this year to Florida's Stand Your Ground law. From the Florida Sun-Sentinel:
A bystander who witnessed one man stabbing another in Lake Worth fired a warning shot and then held the two at gunpoint until deputies arrived, according to an arrest report.
A note on the changes in the Florida law.
Had the man not intervened, other witnesses said, the stabbing victim likely would've been killed, a Palm Beach County Sheriff's Office arrest report said.
Deputies were dispatched to the Texaco gas station at 401 Lake Avenue in Lake Worth on Tuesday at about 7 p.m.
A man told dispatchers that his roommate, Paul Royes, 28, had been attacked at the gas station. According to the report, the man got into a Crown Victoria being driven by Royes. They were following the attacker, Luke Sherrill, 25, who was running from them. . . .
On June 20, 2014, Florida Gov. Rick Scott signed HB-89 into law, thus preventing law enforcement from arresting (and prosecutors from prosecuting) a good Samaritan. Prior to passage of the new law, they were arresting and charging people with aggravated assault (and trying to put them in prison for 20 years) for firing a warning shot in defense of themselves or others. . . .
Whenever one discharges a firearm one has to be extremely careful. Bullets can ricochet. That said, there will be rare occasions when a warning shot might actually reduce the total amount of harm. The new changes to Florida's law regarding warning shots were largely pushed by Democrats because of a case involving a black woman in Jacksonville, Florida. Marissa Alexander's case received nationwide attention. From ABC News:
The change, signed into law Friday by Gov. Rick Scott, was partly inspired by the case of Marissa Alexander, 33, who was sentenced to 20 years in prison after firing a shot during a dispute with her allegedly abusive husband.
Alexander's lawyers attempted to claim self-defense and that it was a warning shot, but the jury found Alexander guilty and she was sentenced to 20 years in prison under Florida's current sentencing rules.
An appellate court later overturned the conviction and ordered a retrial for Alexander.
Alexander's defense team said they are "grateful" for the change in the law.
"We learned today that Governor Rick Scott has signed the corrective Stand Your Ground Bill, which was advanced by the legislature as a result of concern about Marissa's case among others," read the statement. "We are of course grateful for the governor's actions." . . .
Labels: CastleLaw, DefensiveGunUse1