Legal Question in Personal Injury in Florida
If someone who was previously invited into my house, but then told to leave and that they weren't welcome anymore came into my house without my permission, threatening to attack and destroy property, what is the legality of using a firearm against them? Note, I am not talking about shooting to kill, merely to incapacitate to protect myself from bodily harm. I am 18 years old, and own a .22 single action revolver, which wouldn't be too damaging. Also note that I talked to the sheriff's office, and they stated that it is completely legal for me to own the gun.
2 Answers from Attorneys
You may use a firearm to defend your person or your home if the danger is imminent (the person is on your property and threatening to attack you or someone else at the moment you decide you need to use force). If someone gets shot, this could be a matter for trial, decided by a jury of your peers. [note: I think in Texas you can shoot a tresspasser even if he didn't threaten to hurt anyone; gotta love Texas!]
Note that a .22 can be lethal. Those little bullets bounce around inside if you shoot a person in the chest or head and can cause fatal internal damage.
Get a stun gun if you don't want to be lethal, but want to incapacitate a possible intruder. Be sure the stun gun has a safety switch (can't use it if it comes off your wrist).
Good luck, honey.
You cannot shoot someone you know who is in your house when you tell them to leave, even if they are standing there trelling you that they are going to hurt you. You can shoot to defend udner some circumstances. Write whomever the deputy was that you spoke with and confirm their advice to you. Be sure to copy the Sheriff himself. I bet you get a clarifying response back.
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