More from the Florida Legislature: Defensive Display of a Firearm.
Senate and House (HB1047) bills on this one, SB 1446: Defense of Life, Home, and Property.
Provides that defensive display of weapon or firearm, including discharge of firearm for purpose of warning shot, does not constitute use of deadly force; provides immunity from prosecution for persons acting in defense of life, home, & property from violent attack or threat of violent attack through certain displays of or uses of force.
On initial reading, I like this bill. It will provide Florida Gun Owners with one more tool to de-escalate a possible bad situation and I am all for that. If seeing the business end of a gun helps Johnny Lawbreaker take pause and decide it is time for him to turn around, go home and watch the DVRed episodes of Downtown Abbey, I am all for that.
I am not a lawyer, not play one in the interwebs but I think that it would even help in a case of defensive shooting if a warning display of a firearm or shooting a warning shot were prior to the action as it would knock down any possible claim by a D.A. that one was looking for trouble or did not seek to end the situation by less than lethal means. IMHO it is hard to make a case of murder if the attacker has been warned in advance that he is about to be the recipient of deadly force and still chose to continue his actions. Perhaps Robert The K. may shed some more info and interpretation on this law and its possible pitfalls for us.
I expect that DAs all over Florida will have kittens and hate this law.