My Florida Opinion

JKB over at GunFreeZone asks if it would be legal to shoot if this were to happen in [your state]. Here is my opinion on how Florida law would handle this:


At the beginning of the video, the three in it were committing a felony (grand larceny) as well as trespassing. You cannot use deadly force to protect property. However, as soon as they saw that the homeowner was there, they threatened to shoot him if he came out of his house. That immediately raises the offence to carjacking, which Florida law 812.133 defines thusly:

“Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

It also constitutes robbery with a firearm, 812.13 (a first degree felony)

“Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

The felons here are shouting that they have a gun and are willing to kill you to take the car. That creates another felony, aggravated assault 784.021:

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

Since both felonies use the threat of force, they are forcible felonies. A forcible felony is defined in Florida 776.08 as:

“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

emphais added

So what can you do about stopping a forcible felony? Florida 776.031 explains that:

A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

So in Florida, you would be legally justified in shooting all of them.

More on the Carjacking

The car jacking turned kidnapping I posted about a few days ago? The victim’s burned out vehicle was found 30 miles away with a dead body inside of it. The cops are saying that the carjacker used a 10mm handgun in the carjacking. That means there was spent brass recovered at the scene. (Too early to have recovered bullets and had them analyzed in a lab)

The husband said his wife was traveling to Central Florida to visit family, but the cops say that they are not aware of any relatives living in the area, nor are there any records of the victim or her husband having any connections to the area. The victim was from the Dominican Republic and had lived in South Florida for the past five years.

My theory is that one of the following two scenarios are most likely:

  • the woman was acting a drug mule for her husband and she was carjacked in connection with those activities
  • the husband had his wife killed for some reason

I think that the first of those is the most likely of those two.

Carjacking

A woman was carjacked in the middle of the day in a suburb on the north side of Orlando, and the crime was caught on camera. A couple of observations:

  • It bears repeating: get out of cities. Now.
  • Pay attention to your surroundings. If someone wearing a halloween mask and carrying a gun approaches your car at an intersection, you have a problem.
  • The best way to survive a shooting is not to be there. If you see someone with a gun approaching your car, drive away. She was the car in front, for crying out loud.
  • If you can’t do that, you should have a gun with you. Now you and the carjacker both have a problem. Sharing is caring. At this point, even if you lose the ensuing gunfight, you have at least marked the assailant for easy identification. He will be the guy with the sucking chest wound found somewhere between the scene of the shootout and the nearest hospital.
  • This crime was preplanned, as evidenced by the fact that the car that the shooter got out of had a covered license plate. The woman was from the Miami area. Suspicious itself.

Dealing?

There has been quite a bit of buzz about the ATF shooting a man that they were serving a search warrant on. More details are coming to light. The ATF was investigating him for being an unregistered firearms dealer. It seems that he had bought at least 150 firearms between May 2021 and February 2024. That’s an average of more than a gun a week.

Those firearms included:

  • 24 Glock Model 45
  • 9 Fed Arms Model FR-16
  • 9 Beretta 92A
  • 7 North American Arms NA22
  • 4 Glock Model 22
  • 4 SAR9
  • 3 ATI Omni
  • 3 Glock Model 19
  • 3 Glock Model 17
  • 3 Beretta 92FS.

He bought them from Gunbroker and had them shipped to an FFL, who was charging him $25 for the transfer. So far, suspicious, but legal.

Then he would resell them at gun shows, sometimes within days of purchasing them.

The cops caught on to this when 3 guns showed up in traffic stops and were traced to him.

Looking into it further, they had seen him selling at gun shows without asking for ID, with a camera wearing undercover buying firearms from him, no questions asked. A gang member was arrested with a firearm that was traced to Malinowski less than three months after he bought it on Gunbroker.

OK, so now we know why he was being investigated. The ATF then did a sting purchase from him:

Malinowski was at the G&S Promotion Gun Show and one of the firearms that Malinowski was selling was only purchased 4 days before the gun show

He also had a Gunbroker account under the name bmalin123, and was selling through there. It also looked like he was driving around Little Rock and selling guns out of his car.

It’s fairly obvious to me that he was illegally dealing in firearms. This isn’t just a matter of a guy selling his private collection. Even as progun as I am, there is enough here for a valid search warrant, even if there isn’t enough for a conviction yet.

You can argue that the law requiring him to have an FFL is bogus, but that isn’t what this is about. You can’t blame the ATF for being overzealous on this one up to this point, they were enforcing the law as it is written in this particular case.

There are those who are attempting to argue that they should have arrested the guy while he was working his day job at the airport, instead of serving the warrant at 6 am at his home. I don’t have a problem with them serving the warrant there. That’s where the evidence was. This guy’s death was entirely of his own making. He likely wasn’t an innocent guy just selling his collection. He was dealing in firearms and selling to people that he knew were criminals.

I just can’t feel sorry for him, no matter how much I despise the ATF.

Florida Squatters and Force

As Miguel over at GunFreeZone points out, illegals are now squatting in vacant homes and using the law to steal it. Imagine that you go on a trip for a week, only to come home and find that there are squatters living there.

Now that the courts have said illegal immigrants can own firearms, where does that leave you, the original and legitimate homeowner? It’s a legally grey area. Florida 776.013 says:

(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
(a) Nondeadly 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; or
(b) 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.

What makes this suck is that the squatters usually have some sort of fake documentation (like a lease), indicating that they are legitimately living there. That shoves the stealing of your house out of criminal court and into civil court. Now they use landlord/tenant law and force you to have to evict them. That could take months, and they are trashing your house in the interim.

Sure, it would be nice to simply shoot the bastards and toss them out with the trash, but in this case, you are legally the intruder and they can use lethal force and the castle doctrine against you. Sucks, right?

There is only one solution that permits you to defend against this without risking jail time:

Have a good burglar alarm with security cameras. If someone breaks in, you call a trusted friend or nearby relative that you have given written and notarized permission to watch over your property while you are not there and have them meet the cops over there. Make sure that the papers you give them specifically grant them the authority to have intruders trespassed.

Get the cops involved BEFORE the squatters have a chance to draw up fake papers. It becomes a legal mess after that.

As usual, I am not a lawyer and this isn’t legal advice, but you already should know that.

Stock Tip

The DOJ has officially opened up a lawsuit against Apple to break up its Smart Phone Monopoly. $AAPL is one of Pelosi’s largest positions. So for you Apple bulls, you have Pelosi on your side for this one.

Follow this Twitter feed for more stock tips. Just buy what Congress buys. Those crooked sonsabitches are all insider trading.

Teens

A “teen” brandishes a firearm on a Florida beach. Let’s count the crimes:

  • Illegal carrying of a concealed firearm
  • Brandishing a firearm
  • firearm possession by a minor
  • resisting a law enforcement officer
  • sale of marijuana
  • commission of a second-degree felony with a weapon
  • two counts of tampering with evidence
  • three counts of aggravated assault on a law enforcement officer.

In addition, he is also facing seven felony warrants for charges including armed robbery and violation of probation. So what do the rocket surgeons in the comments have to say?

Teen with gun threatening people on crowded beach. Great headline for Ron Desantis and his minions…this the Florida they want.

No, I am pretty sure that the Florida we want doesn’t include armed criminals pointing guns at people on the beach. Note that the crowd is made up almost entirely of Norwegian teens, who are well known for being the cause of most violent crime. Avoid large crowds of Norwegians.

Attacking Female Staff

An illegal immigrant in New York has been attacking female staff members at the city’s emergency rooms.

Edward Johnson, 57, an illegal immigrant believed to be from the Caribbean who came to the United States over a decade ago, has been arrested 23 times on charges that include gun possession, according to sources and records. He has another 42 arrests that have been sealed since he arrived in the US.

He skipped out on supervised release and is on the lam, authorities said — and has a dangerous habit of attacking female healthcare workers who try to treat him.

“Every time he goes to the hospital, he beats up a nurse or a doctor,” said an NYPD source.

Here is a picture of the critter.

Now here is a picture of one of the doctors that he attacked.

This Dr has been attacked twice

I posted about this before. I won’t be anyone’s punching bag. You take a swing at me, and it is ON. The struggle that follows will be as violent as you want to make it. How do you get to do this without being fired? “The patient was violent, deranged, and I was fearful that he would hurt himself or someone else. He had to be restrained for his own, and the staff’s protection.”

With all of that being said, note that this criminal has been arrested for all sorts of violent crime, carrying weapons, and most of the arrest records have been sealed.

Still, in this case, we can see what the issue is.

Leahy said an assistant district attorney working for Clark called her in April 2023 and explained the office wouldn’t take the case to trial because it doesn’t want to “hurt [Johnson’s] immigration status” and believes his eight months served as a detainee was enough.

Odds are, this doctor is a Democrat and voted for the very politicians who are green lighting these attacks. You get the government that you deserve, and until you as a voter demand that this stop, it will continue. The people that the good Doctor voted for have made NY a sanctuary, and they have shown that those people matter to them more than you do.

You have been attacked twice by this guy and gotten a shiner as a result, but at least they are going after Donald Trump, so I guess you have that going for you.