Watch this video of Antifa using fireworks as antipersonnel devices (at the 1:52 mark, you see a thrown firework explode in the crowd at a rally for a political candidate):
In Florida, a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use 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.
So is it reasonable for a person to believe that fireworks are capable of causing death or great bodily injury? I would argue that, being thrown deliberately into a crowd
If not, is it reasonable for a person to believe that the “unlawful throwing, placing, or discharging of a destructive device or bomb” is a forcible felony that must be stopped?
For reference: destructive device is defined as any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage.
Now the law goes on to say that fireworks are not considered to be destructive devices. I would argue that, once a firework is being used as an antipersonnel device, it has been redesigned. In fact, there is a case in Florida where a person used fireworks as destructive devices and tried to make the argument that since they were only fireworks, they were exempt. The appeals court ruled that the way a firework is used can make it a destructive device.
The analysis of Mitchell’s conduct would be more difficult had he used the devices as fireworks. But taping a firework on a window is not typically the manner by which one explodes fireworks for visible and audible effect. Rather, it evinces a purpose to destroy property. The devices in his possession were powerful enough to fall within the definition of a destructive device as one capable of causing bodily harm or property damage.
Although I am not a lawyer, I believe that in Florida, it is lawful to use deadly force to prevent individuals from using fireworks as weapons by throwing them into a crowd.
What say you?