The Justifiable Use Of Force

Identify Point FireThe Justifiable Use Of Force
By Bob & Jolyn Esquerre

Jolyn and I have been preparing Students since 2009 to complete the qualifications that are required to apply for their Florida CCW Licenses. In Section III of the Application for the Florida Concealed Weapon or Firearm License, each Applicant is required to provide a Notarized Statement that affirms, among other things, that …“I have been furnished with a copy of Chapter 790, Florida Statutes, relating to weapons and firearms, and that I am knowledgeable of the provisions contained therein.

We had consistently found that even though every Applicant signed the Affidavit, at least 95% of them had never read the details of Chapter 790. If these Candidates hadn’t read Chapter 790, then their knowledge of same would obviously be suspect as well.

We have also found it problematic that even though the State of Florida provides each Applicant with a copy of Chapter 776, Florida Statutes that refer to the Justifiable Use of Force, the Florida CCW or Firearms License Application Process does not require that the Applicant Affirm that they are knowledgeable about the Justifiable Use of Force Statute outlined in Chapter 776. We have referenced below 2 Clauses that are extracted from Chapter 776, Florida Statutes:

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.

776.031Use of Force in Defense of Others. — A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Identify Point FireWe have presented the issue about Florida CCW Licensing process and the associated Florida Statutes because of a question that was raised by Grant Cunningham in one of his December Blog Posts entitled: “Should a CCW Holder Get Involved in Someone Else’s Fight?
Click Here To View The Full Article

Every jurisdiction has established parameters about what CCW Holders can and cannot do! However, as you read Grant’s Blog Post, these parameters may not be as “cut and dry” as a CCW License Holder may think a situation is.

Identify Point FireWhat do you think? Even though we may have leeway to act by legal statute, are we, as members of a Licensed/Permit Community trained/prepared to act/respond accordingly by either legal statute or moral responsibility or by both to get involved in someone else’s fight?


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