The Market Ticker – How Long Before Someone Shoots?

From Florida Statutes:

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

There are then some exceptions noted:

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

Nope.  The bank and it’s contractors are not the titleholders.  They have not foreclosed and obtained title nor a writ of possession.

(b)  The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c)  The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

Nope.  The person in the home is lawfully present and they are not attempting to remove their child, grandchild, or other person over whom they have a lawful guardianship.

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

Nope.  These are private jackasses, not law enforcement officers.

From my reading of Florida Law this woman and any other like her are within her rights to shoot the invaders and have no duty to confirm their identity or purpose as there is a presumption that the person so invading has the felonious intention of great bodily harm or homicide.

If law enforcement has been effectively bribed and co-opted by these banks and will not do their job, in this case arresting those who break into homes when there has been no actual foreclosure, no writ of possession and no evidence of abandonment of the property, what other choice in defending their property do lawful homeowners have?

More to the point how long will it before an actual rapist or other violent offender copies this mode of “entry” and starts using it?  Not long at all, and when, not if, this happens law enforcement will be responsible in part for the******and/or murder that results as they have refused to put a stop to this crap by arresting the bank-sponsored thugs.

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Disclaimer: I’m not an attorney but I can read the Statutes.  If you want or need legal advice retain a lawyer; laws and the interpretation of same vary from jurisdiction to jurisdiction.

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