SCENARIO ANSWER # 5

You are correct.   There are three issues here to deal with.  One of the first issues is that there is an unarmed intruder who unlawfully entered your home, two you are intoxicated and use your firearm and three you used deadly force while out on your attached porch.  Let's talk about the unarmed intruder first.  It makes no difference if the intruder is armed or unarmed.  In fact, just by looking at someone how can you tell if they are armed.  The "Home Protection Doctrine" states that when someone enters your home unlawfully it is presumed they are there to commit an act of force or violence, therefore, you do not need to wait to see if the intruder is going to attack you with a weapon or anything else, the presumption is there that he will.  We know that it is unlawful to discharge or have a firearm readily accessible if you are intoxicated.  However, there is an exclusion in the law that states you can use deadly force, even if intoxicated, to protect your own property or in self defense.  This would be considered self defense.  It would also not make sense to forbid you from using deadly force when someone breaks into your home to commit a forcible felony such as rape or murder.  You need to be able to defend yourself.  Lastly, the attached porch.  In the definition of a Dwelling and residence an attached porch is considered part of your home.

Click the blue arrow above and go to scenario #6.

COPYRIGHT STATUS: Documents (including text, graphics, artwork, audio, video,and other media formats) available on this site are protected by Copyright. Reproduction and/or redistribution of this material by any means and in any format is expressly prohibited without prior written permission. In accordance with copyright laws of the United States (Title 17 U.S. Code), copyright protection exists whether or not a specific copyright mark (©) and/or copyright notice actually appears on the material. Where permission to reproduce certain material is granted, such permission is specifically stated. However, no materials may be reproduced or distributed under any circumstances for any commercial purpose. This website and the training provided herein is not affiliated or sponsored by the State of Florida in any manor. This is a private website created to provide independent training.

2023 piPrep Inc.  All Rights Reserved.