Earlier today I had a discussion with somebody who complained that Zimmerman went about the incident the wrong way. The gentleman argued that Zimmerman should have drawn his weapon upon seeing Martin and do a Citizen’s Arrest. He was convinced that Martin would have behaved and the whole situation ending up with his death could have been avoided.
Since the Gentleman was not from Florida, I pointed out that although I heard rumors that Citizen’s Arrest might be valid in the Sate of Florida, there is nothing defined in the Statutes plus brandishing a weapon is a crime and if pointed it at a person that was not being a threat could end you with Assault with a Deadly Weapon charge. I did a quick check and found out that Georgia (where this gentleman is living) runs pretty much in the same lines as Florida on Brandishing and doing stupid stuff with a gun and I so informed him. He went on to say that he had a Texas permit which is where he is originally from. Comments he made like “He said TM asked him if he had a problem. Right then the gun should have been out” , “Hell no. No you pull the gun out before blows are exchanged“, “I will still do it here, rather than shoot someone I don’t really have to shoot. 1st threat, 2nd brandish, 3rd shoot. All if I feel are truly needed of course” and “I’m willing to break any unjust or unconstitutional law” demonstrated a scary ignorance of the law and the dynamics of an encounter with a possible violent person.
Top of my head and reviewing what he said against Florida Statutes, he could be charged with a daisy chain of crimes: the already-mentioned brandishing and assault with a deadly weapon, we can add assault, False Imprisonment and/or kidnapping and probably some more felonies and misdemeanors.
Ladies and Gentlemen, I don’t know how else to say this:
IF YOU CARRY A GUN FOR SELF DEFENSE, YOU HAVE THE RESPONSIBILITY TO LEARN THE LAWS OF YOUR STATE TO THE BEST OF YOUR ABILITY AND TO SEEK THE BEST ADVICE FROM A RELIABLE SOURCE IF YOU HAVE DOUBTS.
It ain’t what you wish it to be, it is what it says in the books. Expressions like “But I heard on TV..” “I was told by a cop friend of mine…” “I read it in a Gun Forum…” are not sound legal strategies and not recognized by the courts as proper defense.
You got that right! We all have lots of misconceptions from TV and ‘guys at the range’. Make sure to study the laws for your state so you don’t regret it.
ALso not a valid strategy (as the poor man in Vancouver, WA is finding out) – listening to the Vice President.
Awww, you beat me to it. Although I was going to word it thusly:
“How about listening to the advice of a bar-certified lawyer, when he tells you to ‘fire two blasts into the air’ or ‘shoot through the [closed] door’?”
‘Course, there is the “reliable source” part of Miguel’s advice….
I’m pretty sure you have to witness someone committing a felony before placing them under citizens arrest.
Massad Ayoob’s book In Gravest Extreme is still good reading, especially the chapter titled “The dangerous myth of citizen’s arrest”.
Gonna have to move that to my shopping cart over on Amazon. The question I’ve always had about “Citizen’s Arrest” is, if the person you’re trying to arrest has already shown a disdain for the law by committing a felony in the first place, why in the name of Odin’s Fuzzy Left Buttcheek would the perp stop for a mere citizen who shouts “citizen’s arrest”? It didn’t work for the little nerd on the playground (trust me), it won’t work on the mean streets of reality.
Lets put all the G**damn speculators in the same stadium ARMED and let them hash it out? I can’t get away from this freakin trail no mater where I turn.
The jury found Zimmerman NOT GUILTY! Get over it!!!
Amen! Everyone’s looking for a place to lay blame for the verdict, and they’ll pin it on Zimmerman, his defense team, SYG laws, the NRA, guns, etc. Anything they can find.
If you’re mad about the verdict, why not put the “blame” squarely where it lies? The prosecution team, who EPICLY FAILED to make their should-have-been slam dunk “racist, vigilante, wannabe-cop, gun-nut, child-stalker” case before a jury.
How come absolutely no vitriol is being spewed their way?
I blame Trayvon Martin. If he hadn’t started beating George Zimmerman against the ground and with his fists, the prosecution lawyers would have had a much easier time trying to prove that he hadn’t been shot in self-defense.
The Supreme Court has twice ruled that a federal official who deprives a citizen of a right guaranteed by the U.S. Constitution may be held personally liable for damages.
Bivens v. Six Unknown Federal Agents of the Federal Bureau of Narcotics, 1971
403 US 388 / Carlson v. Green, 1980 446 US 14
As an instructor in Ohio, we are required to give every CCW student the booklet produced by the State of Ohio’s Attorney General… and when you sign the application/affidavit for a License to Carry a Concealed Handgun in Ohio, you are signing that you know and understand Ohio’s concealed carry laws, firearm laws, self-defense laws, and laws regarding use of deadly force… furthermore, you are signing that you are carrying a concealed handgun for the defense of yourself or a family member… (I won’t argue the second amendment issues with that part right now)… SO YOU BETTER KNOW THE LAW IN OHIO, BECAUSE YOU SIGNED A LEGAL DOCUMENT THAT YOU DO…
“(1) I have read the publication that explains Ohio firearms laws, provides instruction in dispute resolution and explains the Ohio laws related to that matter, and provides information regarding aspects of the use of deadly force with a firearm, and I am knowledgeable of the provisions of those laws and of the information on those matters.
(2) I desire a legal means to carry a concealed handgun for defense of myself or a member of my family while engaged in lawful activity.”
It’s tough to work around any claims that you lacked knowledge or understanding in Ohio after signing that document.
Dann in Ohio