I AM NOT A LAWYER
I thought as a homework exercise, I would look up FL law as regards open carry and/or brandishing and/or openly displaying firearms.
We've got a few sections of Chapter 790:
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Chapter 776 defines Justifiable Use of Force.
http://www.leg.state.fl.us/statutes/.../0776.013.html
For deadly force, the key section, 3A is:
A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
...
(b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
"Reasonable fear" is defined as:
The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
It seems reasonable to have a conversation with myself as to how I would articulate the above to a judge, after a shooting (did not display weapon threateningly; I had no duty to retreat in my dwelling; and that I used deadly force as necessary to prevent my own or my loved ones death or great bodily harm.) Or as they say, was there Ability, Opportunity, and Jeopardy for harm. I think if I saw a large armed mob of people busting down my gate and entering my private property armed with weapons, screaming epithets at me, probably qualifies to have a master grip and go to the low ready, at least (or whatever is the equivalent for a long gun, of which I do not know). If, after an enthusiastic
"BACK THE FUCK UP", they don't leave, and continue to advance, I'd need to articulate why I raised my gun and made a decision to fire. Same if they held a glass bottle filled with yellow liquid, and proceeded to apply a lighter to a piece of cloth sticking out. I think a reasonable person would conclude doing that, or someone pointing a gun at me, would be a justification for shooting in self-defence.
The statues also mentions occupied vehicle, so my presumption is everything above applies to me in my car.
Obviously circumstances might vary, but that's where I come out interpreting things in FL. As an asterisk, I don't see where curtilage is addressed in FL law, so I'm not sure how that plays out for me, or I'm missing it.
Comments on my thinking welcomed.
EDIT: I did find Curtilage, in FL law, for burglary and trespass, defined here:
http://www.leg.state.fl.us/statutes/...s/0810.09.html
" As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling."