Page 49 - Florida Concealed Carry Law

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.
Scenario One
If you went to a car dealership at 10 a.m. on Saturday and an attacker threatened to stab you, would you have a right to stand your ground?
Let’s look at the facts:
1. Are you engaged in a crime? No.
2. Are you in a place where you have a right to be? Yes.
3. Is it reasonable to believe the attacker is going to kill you with the knife? I think so.
In my opinion, you would have a right to use, or threaten to use, deadly force.
Scenario Two
If you went to a car dealership at 12 a.m. and an attacker threatened to stab you, would you have a right to stand your ground?
1. Are you engaged in a crime? Yes, you are trespassing.
2. Are you in a place where you have a right to be? No, again, you’re trespassing.
3. Is it reasonable to believe the attacker is going to kill you with the knife? Yes.
In this situation, you would be obligated to retreat before you could use deadly force because you were engaged in a crime and you were in a place that you did not have a right to be in.
Castle Doctrine Law
F.S. 776.013 (3) A person who is attacked in his or her dwelling, residence or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force...
F.S. 776.013 (4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.