Originally Posted by Crane's
Neither insane or wrong. You are basically saying it's OK to be actively involved in a felony weapons violation and you use the illegally possessed weapon to defend yourself and kill someone. That's insane and wrong. If you abided by the law then a firearm would not be an issue would it? I firmly believe in self defense but it must be done in compliance with all pertinent laws. Can't have a gun then learn a martial art or just pick up the nearest rock if need be. Better yet learn something about situational awareness and avoid the shitty situation altogether. I'm having a real hard time understanding where you are coming from because well, it just doesn't make any sense at all. Basically you're saying it's OK to be involved in a criminal activity concerning possesion of a firearm as long as you use it lawfully. Sorry guy, it doesn't work that way.
I really hope you're not going to tell me you're an attorney and I don't know what I'm talking about. LOL.
I am an attorney and you have NO idea what you are talking about. I wouldn't need to be an attorney to figure that out, though. The law is actually not that complicated.
776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that 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; or
(2) Under those circumstances permitted pursuant to s. 776.013.
776.041 Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
The only exceptions are provocation (which is what most people who want to see the guy hang are going on, but of which there is really no evidence) and commission of a forcible felony. Carrying an illegal gun is not a forcible felony.