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View Full Version : FL - FL - Florida Court expands the Castle Doctrine


Mannlicher
25th August 2009, 16:19
link to story (http://www.winknews.com/news/local/53746587.html)

By Maggie Crane, WINK News

Story Created: Aug 19, 2009 at 9:55 PM EDT

Story Updated: Aug 19, 2009 at 10:23 PM EDT
Florida's Stand Your Ground law just handed a lot more power to homeowners.

The law allows you to use deadly force for self-protection. Now, a new court ruling says you can shoot -- even if the attacker is retreating.

This all comes after a Tallahassee man, who had been charged with first-degree murder for standing his ground, was released from jail last month. Wednesday's ruling confirms the reason for his release.

A Clewiston man who stood his ground in a 2007 home invasion believes the ruling is fair.

"He's got a gun in this hand and a tire tool in this hand and he said give me your money, give me your money!"

Seventy-six-year-old Jim Normand wasn't about to stand for an intruder attacking him -- especially in his own home.

"I jumped him," Normand says. "I grabbed him and we started tusslin' around."

Fearing for his life, Normand ran for his gun, which was concealed in his mattress.

"I shot him. I shot him twice in the chest."

Under Florida law that's O.K. But Normand says he wasn't thinking about the law -- just his life.

"I don't need an O.K.," Normand says. "If somebody busts in my house like that and starts beating me with a tire tool, I'm going to shoot him."

Normand says he'd shoot an attacker anywhere on his property. The law has been foggy whether you are allowed to shoot an attacker who is retreating. But now, a Florida Appellate Court has cleared the decision, making it O.K.

"You don't think about those things -- whether the guy's backing up from you or when you're going to shoot him, whether he has a real gun, a toy gun -- you're just trying to keep him from killing you," Normand says.

Firearms instructors say pulling the trigger should be a last resort.

"Are you as a person going to be able to handle the consequences?" Matt Christoff, Mobile Tactics Firearms Trainer, says. "Can you survive it? What happens after that? Mentally, physically?"

Experts say gun owners need to know the law and think out how they would react in a dangerous situation. In Normand's case, he does have a concealed weapons permit and he wasn't hurt. Normand wants would-be robbers to get the message -- he'd do it again if he had to.

"There's a lot of crazy people in this world, so you do what you've gotta do."

Wednesday's appellate court decision could conflict with a 2007 ruling that denied immunity to a resident near Tampa who shot a man leaving his garage. No decision has yet been made to seek a rehearing or appealing to the Florida Supreme Court.