Categories
Uncategorized

Question of Florida Law

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?

13 replies on “Question of Florida Law”

Good Question. One I wonder about myself as one of my hobbies is making my own fireworks that I launch on holidays using my 37mm launcher.

I’ve asked one of the HCSO deputies, and he’s told me that fireworks used to injure/harm/destroy something/someone that -could- be seen as a forcible felony.

HOWEVER in the case like this, with Antifa, IF you plug one of them critters, you’re toast. Especially since you KNOW that they’d all testify that they were innocently lighting off fireworks, and you murdered whomever it was that you plugged

Especially with our current Ag Woman (Fried) in charge.

Fried is not the Attorney General. She is the head of Agriculture which controls CWFL.

I’m not a Florida resident. But if I were, I wouldn’t want to be the one who has to make case law on this, hoping it comes out to my favor. Especially against an antifa fuckface. While FL gets some things right, I’d have no confidence at all that taking out an operative even as a preemptive self-defensive measure, won’t get me fried by an overzealous DA looking to up their profile and conviction stats, whether or not they are a minion of soros.

2 sets of rules – yes, what you say seems to make sense (I’m NOT a lawyer). My understanding of where/how ANTIFA operates is in DA-friendly territories, so I purposefully make sure I am nowhere near where ANTIFA may be.

There are active Antifa chapters in all of the larger cities of Florida. There is one in Tampa. where I blogged about one of its members being arrested for exactly the above offenses
https://areaocho.com/active-fl-antifa-cell/
There are also cells in Orlando, Miami, Jacksonville, Pensacola, and Tallahassee. I am sure there are others.

Used to be a clearance investigator before retiring. One of the questions on the SF-86 was…paraphrased: Have you ever been charged with the use or possession of illegal fireworks? For clearance purposes, a yes was considered the use of explosives. Not sure if this was a disqualifier as we never knew the outcome of any investigation. Rumor has it that you were disqualified which is a good thing. Then again, the bar is so low now…DUIs, bills overdue by 129 days, bankruptcy, family members that you still contact in North Korea, China, Iran, Russia. All can be explained away.

Simple answer: Is your county under the control of Leftist judges, State Attorneys and Sheriffs? If so, do not plug a thug of any type.

If your county is under the control of Right-leaning judges, state attorneys and sheriffs and all have openly sided on the right of self defense? Plug away within the confines of the law.

Yes, attacks with any weapon meant or with the potential to injure or kill is, by state law, a reason to use deadly force against the attacker.

Again, if your AOA is under control by leftists, well, even in Florida the leftists ignore the law.

Let’s say someone points a bb gun at a crowd and either fires or mimics firing it. You don’t know it’s a bb gun. In fear for your life, you return fire. That’s plausible and defensible. I believe there have been multiple cases of such, including police shooting kids.

Now let’s say I hear louds bangs, gunshots, explosions, not sure. I see someone lighting a fuse and about to throw an unknown object in my direction. Just like with the bb gun, I have a reasonably fear that it is an explosive and my life is in danger. I think that would be defensible in court. Doesn’t matter if it later turns out to be a handful of black cats.

Except for that whole 2 laws thing. That’s where they get you. Avoid crowds. Stay on the road. Keep clear of the moors. Beware the moon.

Stay out of my neighborhood … that is all.

And if these low-life idiots decide to start some jacked-up sheeit in my ‘hood … they gonna be eatin’ 7.62×39

Plugging brown shirts will get you f’d. Ask Zimmerman. State declined to prosecute and see what happened next.

I think I’d never be empaneled on the jury because I’d give a pass to anyone who shot all the rest of the goons just to make sure he got the guy who did throw it.

Comments are closed.