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Florida Firearms & Stand Your Ground: Self-Defense Case Law

An introduction to owning, operating, and carrying a firearm in the state of Florida as well as self-defense in Florida when using a firearm.

"Stand Your Ground"

"Under Florida law, "[a] person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony." § 776.013(3), Fla. Stat. (2007). Additionally, the person is immune from criminal prosecution under these circumstances. § 776.032(1), Fla. Stat. (2007)Dennis v. State, 51 So.3d 456, 462 (Fla.2010)."

Self Defense Case Law

District of Columbia v. Heller, 128 S. Ct. 2783

"We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution."

Mederos v. State, 102 So. 3d 7 (Fla. Dist. Ct. App. 2012)

"Below and on appeal, petitioner argues that he is immune from prosecution under Florida's so-called "Stand Your Ground Law." See §§ 776.012, 776.031-.032, Fla. Stat. (2009). The record before us contains competent substantial evidence to support the trial court's findings that the facts here do not support the application of immunity under the Stand Your Ground Law. Accordingly, we deny the petition."

 
"Defendant, charged with second-degree murder and shooting at or into a vehicle, filed motion for immunity under “Stand Your Ground” law and motion to dismiss. The Circuit Court, Hillsborough County, Robert A. Foster, Jr., J., denied motions. Defendant filed petition for writ of certiorari."
 
"Donald M. Montanez petitions for a writ of certiorari directed at the trial court's order which denied his motion for immunity and motion to dismiss. We conclude that the trial court did not err, and we therefore deny the petition."
 
 
"Defendant was convicted in the Circuit Court, Lee County, Alane C. Laboda, J., of second-degree murder with a firearm. Defendant filed petition for writ of certiorari."
 
"Holdings: The District Court of Appeal, Silberman, C.J., held that:
1 Court would treat petition for writ of certiorari as a petition for writ of prohibition;
2 there was no evidence that defendant reengaged victim following initial altercation in which victim pointed guns at defendant; and
3 defendant was not precluded from relying on “Stand Your Ground Law” even though he was a felon in possession of a firearm at time he killed the victim."
 
 
"Defendant was charged with murder in the second degree. The Circuit Court, Sarasota County, Stephen L. Dakan, Senior Judge, and Becky A. Titus, J., found that defendant was immune from prosecution. State appealed."
 
"The State appeals the trial court's determination that Alphonse Olando Gallo was entitled to immunity from prosecution for the second-degree murder of Patrick Barbour. We affirm."
 
 
"Defendant was convicted in the Circuit Court, Miami–Dade County, Marisa Tinkler Mendez, J., of manslaughter and aggravated assault, and he appealed" under the Stand Your Ground statute.
 
 
"Defendant was charged in the Circuit Court, Miami–Dade County, John W. Thornton, Jr., J., with aggravated assault, unlawful discharge of a firearm in public, and improper exhibition of a firearm. The District Court found defendant was statutorily immune from prosecution on the assault and improper exhibition of a firearm charges pursuant to the Stand Your Ground Law. The State appealed."  Judgment affirmed by District Court.
 
 
"Defendant moved to dismiss an aggravated battery with a firearm charge, and the Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, John S. Kastrenakes, J., granted the dismissal. State appealed."
 
"The State appeals the trial court's dismissal of an aggravated battery with a firearm charge against the defendant pursuant to Florida's Stand Your Ground law, section 776.013, Florida Statutes (2009). Because the defendant was a convicted felon in possession of a firearm at the time of the shooting, the defendant was precluded from use of the Stand Your Ground defense and, thus, we reverse the dismissal."
 
 
"Tamra Suzanne Leasure was convicted of second-degree murder and sentenced to thirty years in prison after she shot and killed Arthur Tilley. Leasure argues that the trial court erred in denying her motion to dismiss the charge pursuant to section 776.032(1), Florida Statutes (2008), which is known as the "Stand Your Ground" law. She alternatively argues that the court erred in denying her motion for judgment of acquittal. We find no error in these rulings and affirm."
 
 
"Max Wesley Horn, Jr., filed a petition for writ of certiorari asking this court to quash the trial court's order denying him immunity from prosecution. We deny the petition. However, we write to discuss and approve of the trial court's procedures in determining that Mr. Horn was not entitled to immunity under section 776.032, Florida Statutes (2007)."
 
 
"Petitioner seeks a writ of prohibition to review an order denying his motion to dismiss based on the statutory immunity established by section 776.032(1), Florida Statutes (2006). We deny the petition and hold that a criminal defendant claiming protection under the statute must demonstrate by a preponderance of the evidence that he or she is immunized from prosecution. Here, the trial court applied the correct standard."
 
 
"The defendant, John Dorsey, appeals his convictions for two counts of second degree murder, possession of a firearm by a convicted felon, and carrying a concealed firearm. His charges arose from a confrontation at a high school "keg" party that ended in tragedy—the loss of two young lives. We affirm the defendant's convictions for the weapons charges. However, after reviewing the evidence in the light most favorable to the State, we conclude that the evidence was insufficient to sustain convictions for second degree murder. Instead, the evidence established an impulsive overreaction to an attack, which warranted convictions for manslaughter. We further find that the trial court erred in instructing the jury on the justifiable use of deadly force, specifically regarding the duty to retreat under the "Stand Your Ground" law. Accordingly, we reverse the defendant's convictions for second degree murder and remand for a re-trial on manslaughter charges."
 
 
"Harold Govoni petitions for a writ of prohibition from a denial of a motion to dismiss asserting statutory immunity under section 776.032, Florida Statutes (2008). We deny the petition."

State v. Zimmerman

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