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Discussion Starter · #1 ·

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If he did not have a permit and was carrying the gun illegally, he definitely would be in legal trouble. He would then be left to the mercy of the prosecutor's office as to how vigorously they wished to pursue the matter.
If he had a permit and/or was carrying legally, it would depend on what the state statute regarding defense of self and others implied and how it was interpreted by any previous test cases and the prosecutor. My opinion based on the very, very little that was said would incline me to not push for charges but that could change easy enough.
 

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Discussion Starter · #3 ·
In Florida you do not need a permit to carry. I believe you only need a permit if you intend on concealing. Im no expert but I believe the only people who are not leagaly allowed to carry are felons and minors.
 

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If I recall correctly, one needs a permit to carry a firearm in Florida, even openly. One can carry a nonlethal device openly without a permit last I looked. An out of state person also needs a Florida permit to carry or have their state offer reciprocity to Florida handgun permit holders in order to carry. I am not sure if one is required to carry a handgun concealed or if it the bearer's choice in Florida when armed. The laws may have changed since I last looked this up but I always peruse the statutes of any state I venture to before hand in order to stay on the right side of the law. Something about being jailed far from home (or close even) does not appeal to me.
As I said, if all is legal and in order, I should hope the samaritan is not charged; if anything is amiss then I hope all goes well for him.
 

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I expect if he didn't have a premit/license to carry he may have an issue as he reincated the event and took the pistol from a consealed location in his ride.

He may have other issues if a bleeding heart gets on the side of the person he shot. Might become excessive force as the bad guy didn't pose a threat to him.

I would have done much the same as he did, just wouldn't have made any public statements with out consulting legal advice first.
 

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Another site has some further info on this and if the "Good Samaritan" does not shut his yap, he will definitely be in a bit of trouble. It seems the "GS" did not have a permit as he was convicted of a misdemeanor drug offense in 2005. In 2007 he was arrested on a probation violation which I assume was related to the earlier conviction. He also has made statements to the media only a few hours after the incident which could be interpreted rather badly for him. things like (to paraphrase), "I said 'Stop' and he popped up, I popped up and shot him twice; blam, blam." In conjunction with other things he said, one can get the impression that the aggressor had stopped his aggression upon being challenged and the "GS" still shot him.
This could be an interesting case depending on how things shake out. One should further understand that one should make no comments regarding this event to no one except their attorney, no matter how hard it can be. Even after all seems said and done, talk very little about it and even then only to one's psychologist or attorney is best. What is said can come back to haunt you at a later time and at the time of the incident, your statements and actions can determine how much freedom and money you will lose. Even an arrest only, no charges, can cost a person their livelihood not to mention friends.
 

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Hard to understand the guy didn't have the right to carry a pistol shot someone and then after the shooting reinacted the shooting for the news with another pistol?? He is in deep trouble if he shouldn't be in possenion of a firarm.
 

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If you are referring to my last post, I was not clear. The shooter had a conviction for a misdemeanor drug possession charge and was later arrested on a probation charge, one I suspected was related to the drug charge. As they were misdemeanors, the shooter may not necessarily have been excluded from owning a handgun but may have been prevented from obtaining a carry permit as there are often provisions about needing to be in "good standing" with the law or having "good character" in which the issuing jurisdiction can refuse a permit if they have reason to know that the permit applicant has a criminal record or other disqualifying reason.
The re-enactment was for the camera and I do not believe he had a gun, just making motions with his hands as I understood it. I have not seen the video myself just going from what was discussed. In any event, I think the hooter is digging himself a very deep hole in which to mount a defense.
 

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I saw the reinactment and he did use a pistol but must have been a different one as I expect LEO still has his pistol until the investigation is complete.
 

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He does not appear to be one who should be carrying a pistol. He gives off that impression as a trouble maker and one who should not have a gun on him. Also he states he did not know what the robber had, when he popped up. He did not have reason to believe that his or her life is in imminent danger, yes she was being attacked and harmed, but her injuries are not extensive. He was right in confronting the suspect with his gun, but as for firing on the suspect.. im not sure i would take his side on this one.
 
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