What is considered lawful and unlawful in regards to producing/presenting a weapon in the state of Florida?
Uptown, that's actually an excellent question. I know what the law ordinarily is in most states, but a number of Florida statutes (their arrest statute, for example), are simply written differently. In most places, "unlawful pointing/presenting of a firearm" would be drawing it (without necessarily firing it) as a threat, in a situation that was something other than self defense, or defense of the life of another, stopping a forcible felony in progress, or in some states, making a lawful arrest. (I add that last because in my state, the statute that allows use of deadly force to protect one's home, stop a felony in progress, etc. is actually under a "power of arrest" conferred upon "any citizen of this state" under certain specified circumstances). I know, that certain concealed carry laws (in states which do not allow open carrying), provide that merely showing the holstered weapon
intentionally is a violation of the law (unless one is ordered to by a law enforcement officer, of course). If I had to guess, I'd assume the Florida law for civilians authorized to carry concealed would be something like the first part of the above, but I have no idea how the Florida law is worded, and as we've seen with the "Stand Your Ground" self defense statute there, the wording can make a lot of difference. It may be a moot point in this case, because to this point, we have not yet seen any evidence that Zimmerman intentionally showed his weapon in any way prior to drawing it and shooting Martin (having it inadvertently revealed in the course of a struggle would not itself be a violation of any concealed carry law I've ever seen). That said, there exists the possibility that something we don't know could come to light, and combine with whatever the Florida law says about "pointing and presenting", to be germane to this particular case. We have, after all, had some surprising revelations related to the wording of Florida laws here. Curious are the ways of legislators....
Yeah, I ask these question because I'm honestly interested. Cases like these fascinate me. I'm planning on pursuing a degree in Criminology since Uncle Sam is paying for it in exchange for my military service.
I also ask because I'd guess in my mind an individual running after someone with a gun visible in their hand would automatically be a threat if as you said the individual being chased was totally innocent and weren't doing anything to harm anybody.
I wasn't aware that this was different depending on whether or not the state is a concealed carry or open carry state. I can't imagine the definition of "unlawfully produces/presents a weapon" would vary from state to state.
I think of it in terms of knives.
A knife is legal to have, but holding a knife outside is different from chasing someone with a knife in your hand. If someone was chasing me with a knife in their hand I'd assume they were going to use it. If they were chasing me with a gun in their hand there's a million possibilities that could go through my mind. That's not to say I believe that's what happened in the Trayvon Martin case.
I'm convinced it was one big ugly misunderstanding that turned into an altercation that would have resulted in most other states in Zimmerman being charged with manslaughter or maybe a lesser charge, but charged all the same. I don't think Zimmerman is a cold-blooded killer and card carrying Klan member, but I think both made some pretty dumb decisions and both parties may be at least partially responsible for what happened that night. I think Zimmerman would have been held accountable in any other state in some way for his part (Trayvon was held paid a pretty high price for his part). But it's interesting to me how the laws in Florida may have been a deciding factor in this case.
From what you were telling me earlier and what I've read of the Florida Stand Your Ground Law, it should be repealed. I have no problem with Castle Doctrine, I understand that, and I have no problem with Gun Laws, I'm 100% pro-2nd Amendment, but this Stand Your Ground Law looks dangerous.
It makes me think the cops WERE actually convinced this wasn't self-defense. I don't believe Austin Grant's mother was lying when she said a cop plainly told her he was convinced Zimmerman wasn't acting in self-defense. I think it's one of those cases where they got on the scene, probably didn't believe a mumbling word Zimmerman said but the DA gave them the sobering news that the state's Law would make it impossible for them to prosecute ol' boy. It is hard for people to understand this kind of thing. Legislatures aren't always the most practical people. It's always easy to create and pass a law without realizing the possible implications.
