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.

Another Win

Yesterday, a Federal judge in the district court for the Southern District of California struck down the state law that limited people to purchasing one gun in any 30 day period, stating that such a law is unconstitutional. The lawsuit was brought buy the Forearms policy coalition.

The FPC is doing a great job as a no nonsense gun rights organization. They and the Second Amendment Foundation are kicking ass and taking names.

The FPC is truly doing the heavy lifting that the NRA should have been doing for decades, but were busy paying for Wayne LaPierre’s wardrobe and NetJet account. Just last week, I got another email asking me to join the NRA, even though I have been a life member for more than 20 years.

Right now, they are arguing in a Delaware case, with the state trying to set the stage for a complete semi-auto ban.

I have set up a recurring monthly donation. I would like to point out that it is cheaper to fight now in the courts than it is to fight later in the streets. I get nothing for this post, and am not in any way associated with them, other than being a member and a donor. I am just a gun owner who wants to be left alone. If you are too, maybe you can toss them a few bucks.

More ATF Changes

The ATF continues the war on gun ownership in general, and self made firearms in particular. Since they can’t get traction for changing the law through Congress, they are using the bureaucratic apparatus to pass new laws. If you don’t already have the means for making your own firearms, I would suggest you do so soon, or your window of opportunity will close for good.

Important Update Regarding ATF Regulations and Easy Jig Sales Due to recent changes in ATF regulations, 80% Arms and 5D Tactical can no longer sell or support jigs directly.
Support and Warranty Service: For all Easy Jig and Pro Jig customers, modulusarms.com will now handle support. Modulus Arms will honor warranty services, provide technical support, and offer replacement tools and parts for all Easy Jig and Pro Jig products.
Manufacturing and Sales: While Easy Jigs will continue to be manufactured by 80% Arms and Pro Jigs by 5D Tactical, all sales must now be conducted through their independent dealers to comply with the new regulation. They are no longer permitted to sell jigs or distribute manuals via their websites under these new ATF rules.
Legal Challenges: Both companies are actively challenging this government overreach in court. They are optimistic about a favorable ruling from the Supreme Court in 2024, as both the District Court and the 5th Circuit Court of Appeals have ruled decisively in our favor.
Availability through Dealers: In the meantime, both jigs are still available through their dealers, despite the inability to sell them directly.

GoSafe Bill Text

I found a link to the actual text of the bill. Here it is, hosted here at Sector Ocho. It begins with dishonest bullshit definitions. The definition of “gas operated” are wrong:

The term ‘gas-operated’, with respect to a semi-automatic firearm, means any firearm that harnesses or traps a portion of the high-pressure gas from a fired cartridge to cycle the action using—
‘‘(A) a long stroke piston, where gas is vented from the barrel to a piston that is mechanically fixed to the bolt group and moves to cycle the action;
‘‘(B) a short stroke piston, where gas is vented from the barrel to a piston that moves separately from the bolt group so that the energy is imparted through a gas piston to cycle the action;
‘(C) a system that traps and vents gas from either the barrel or the chamber to directly strike or impinge the bolt, bolt carrier, or slide assembly, to unlock and cycle the action;
‘‘(D) a hybrid system that combines elements of a system described in subparagraph (C) with a system described in subparagraph (A) or (B) to capture gas vented from the barrel to cycle the action;
‘‘(E) a blowback-operated system that directly utilizes the expanding gases of the ignited propellant powder acting on the cartridge case to drive the breechblock or breech bolt rearward; or
‘‘(F) a recoil-operated system that utilizes the recoil force to unlock the breech bolt and then to complete the cycle of extracting, ejecting, and reloading.

As far as I can think of, there are no other means of operating a semi-automatic firearm. This law defines all semi-automatic firearms as being “gas operated” by making the definition extremely broad. So what, exactly are they planning to do to these gas operated firearms?

The law goes on to say that no one can import, sell, manufacture, transfer, receive, or possess any gas operated firearm or combination of parts that operates like a gas operated firearm, nor can you own any mechanical or electrical parts that can make a firearm approximate the rate of fire of a machine gun.

It grandfathers in firearms owned before the date of the proposed law by the person who owned it on that date and their immediate family members. For the firearm to be transferred from one person to a family member, it has to go through a dealer. I’m assuming that, if a firearm isn’t transferred to a family member, it will be confiscated using the “voluntary buyback” clause in this law.

It requires all new magazines that are capable of holding more than ten rounds be inscribed with a serial number. All magazines that are sold from that point forward can only be owned by the government.

The law goes on to say that any unserialized magazine can’t be transferred after the date of enactment.

It also says that before any new design of a semi-automatic firearm is allowed to be sold, the plans have to be submitted to the ATF for approval. The ATF has 240 days to review the firearm and either approve or deny the application.

IN GENERAL.—Any semi-automatic firearm designed on or after the date of enactment of this section shall be required to have an approval under this subsection prior to the manufacture, in or affecting interstate or foreign commerce, of such firearm for sale to civilians.

The law also says that at any time, the Director of the ATF can remove a previously approved firearm from the list.

Make sure you have plans for what is coming.

Oh Look, More Gun Control From Dems

Democrats are introducing another assault weapons ban, this time by going after weapons that use expanding gases from a fired round to cycle the action. In other words, outlawing every semiautomatic weapon.

It also:

  • requires that all designs of new firearms be submitted to the ATF for design approval before they can be manufactured
  • outlaws “unapproved modifications to permissible firearms”
  • outlaws “unlicensed firearm self assembly and manufacturing”

No weapon would be approved for manufacture or sale if it accepts or can be modified to accept any magazine or other ammunition feeding device that holds, or is capable of holding, more than 10 rounds. Magazines that are permanently fixed to the weapon and cannot be changed out and hold less than 15 rounds in handguns, and 10 rounds in long guns, would be exempt.

I am getting this from Lefty press releases. I am looking for the text of the bill as I write this.

I am looking at getting a 3D printer and/or a Ghost Gunner.

Fear

Below is a sign that governments know that an armed population is far more difficult to defeat. They are afraid of their citizens until a greater threat presents itself.

The truth is that an armed populace can’t be enslaved or subjugated. The most that an enemy can do is try to wipe them out- and whether that enemy is an outside force or their own government, an armed people is a formidable foe.