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billyblazes

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About billyblazes

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    Vero Beach, FL

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  1. Germane although it's referencing Florida law: CAR BURGLARIES IN FLORIDA -- SOME THOUGHTS CAR BURGLARIES IN FLORIDA -- SOME THOUGHTS copyright by jon gutmacher 2016 Good email question received on stopping a car burglary. Here's the question and my response: QUESTION: A couple sessions ago the subject of using deadly force against a person burglarizing a locked truck or attempting theft of the truck arose. Florida seems to classify burglary as a forcible felony. While it would appear that the use of deadly force is justified against a person in the commission of a forcible felony, or to prevent / stop a forcible felony. It also seems that in your 8th edition of "Florida Firearms" (page starting 315) suggests that the use of deadly force in this case would probably be considered excessive. The example given on page 315 is very similar to the scenario which raised the question. As you might well understand, since there were a number of people present, a number of points of view were considered. Do you have some additional perspective on this situation which you would care to share with us? RESPONSE: Sure, a burglary is a forcible felony. An "attempted burglary" is not, but the statute still allows you to use reasonable force to stop or prevent a forcible felony. Preventing falls into the "attempted" burglary part. However . . . and this is the big "however" -- the "use" of deadly force must always be "reasonable" and "necessary". Generally, that means an imminent threat to life or great bodily harm. In some rare cases it means the crime was serious enough, even without imminent threat to life or great bodily harm -- that deadly force was required to stop it, or stop the perpetrator from escaping. Examples of death or gbh: rape; murder; armed robbery; kidnapping; home invasion. Examples of serious not in the above categories: lots of "maybe's", and fact specific such that one jury might say "fine", and another "guilty". However . . . we get back to "use" of "deadly force". Display is the "use" of a deadly weapon -- but not the "use" of deadly force. It is (or should) always be "reasonable" when attempting to stop or prevent a "forcible felony". But, pulling the trigger without adding a reasonable fear of imminent death or great bodily harm -- will almost always be "excessive force" -- and in that situation, excessive force will either be manslaughter or aggravated battery or aggravated assault (the later if you're a lousy shot). What if the perpetrator tries to take your gun after you have it out? Well . . . again . . . that's a question up for grabs and interpretation, but my legal opinion is that you now have an imminent death or great bodily harm situation if he gets it. But, if you have even the slightest chance of doing so -- back away and issue a loud verbal warning as much as possible for legal reasons more than factual. One step back will change your legal position in court. More are better. A loud verbal warning ("Stop, or I'll shoot!) is a very good idea. What about shooting if it seems he's not deterred and will take the vehicle? Answer: I don't know. You now have a situation where deadly force seems to be the only way (ie "necessary") to stop the crime. Is it "reasonable"? Well, if it's a two hundred dollar junk car -- no. If it's your only way to work, and you can't afford another -- and that's what you're gonna say to the jury: "I killed him because otherwise he would have taken my car, and I'd miss work" -- think how that sounds, and pray you get me or someone like me on the jury. Unfortunately, what is "reasonable" to one person may not be reasonable to another. copyright 2016 by jon gutmacher -- www.floridafirearmslaw.com
  2. I've been a Glock devotee for a long time. After trying the Sig 365 and the 320 X-Carry, I bought both. My 365 XL arrives Monday to my FFL. I'm very much looking forward to getting the gun.
  3. All good info. Thank you. I am not a TN resident, yet. I visit often though. I carry both concealed and on occasion openly by virtue of the reciprocity through my FL CWP. Some of the nuances I have picked up on are regarding things as first blush I would not have considered. For example, in FL the CWP covers all weapons although there are some different regulations regarding rifles versus handguns. The FL CWP covers someone carrying a knife, a baton, pepper spray over 2 oz and other items. I read that without special additional training, a TN resident even with a permit cannot possess a baton. That strikes me as odd that the State of TN will entrust me to carry a gun but not a baton. Small differences such as that are what I don;t want to get tripped up on.
  4. I'm working to get up to speed on the Tennessee laws regarding guns, use of force and other related issues. Can anyone recommend a definitive credible, easy to understand in print resource? A handbook of sorts? For years as a Florida resident I have relied on https://www.amazon.com/FLORIDA-FIREARMS-Law-Ownership-2018/dp/0964195895 I've purchased each revised edition and followed updates to the book as the laws changed over time. The book has saved me from making incorrect assumptions while also plainly stating what is allowable by law. Anything like this available from an attorney in Tennessee?
  5. I very much like my 365 with 12 round magazine carried in an appendix holster. I will probably get the 365-XL with the 15 round magazine but carry it OWB at the 4:00 position. I look at the two guns as serving two different purposes. The smaller 365 is great for concealment and to carry in the appendix position. The 365-XL will replace my G-22, G-17, Sig 320 or 1911 on my hip as it will be lighter, slimmer and still hold 16 rounds.
  6. Between my current fencing, driveway gate, and dogs, I try to send the message that there's softer targets and that nothing inside is worth dying for.
  7. I can tell you firsthand that in Florida we have strict and extensive building codes which are rigidly enforced. Especially since hurricane Andrew. The homes are generally well built or at least the weak spots can be easily identified. The downside is that some municipalities require permits for simple maintenance and repairs. Almost every place in Florida requires a permit and inspection on a roof replacement. Some cities require a permit even just to re-paint your personal residence.
  8. AJ, thank you for the link. That's a start for me. Prefab won't work for us. The way prefabs have almost nonexistent soffits, no option for raised ceilings, limited to vinyl siding, and some other easily overlooked features that are important to us but cannot be incorporated into a prefab. We have some definite wants that will require some customization. On that note, learning about the virtual absence of building codes in Van Buren County was a real eye-opener for us.
  9. I'm in the processes of dialing in the area of East Tennessee in which to purchase acreage. In a post by Jfluckey in another area of the forum, Fentress was referenced as being sketchy and a place to perhaps be avoided. I am currently considering some land in Spencer and a piece of land in Sparta. Any feedback on those areas? I don't want to be in fear of my home being broken into any time I;m away be it a few hours or several days. Running into a problem of finding a contractor to build a house in those areas. It seems unbelievable to me that there is not a list of contractors from which to choose. I cannot find even a single contractor who can provide references. Realtor tells me that is the reason manufactured homes are so popular in that area. Realtor is hoping we buy the land and then worry about finding a contractor, but that won't work for us. We need two houses build on a single large piece of land. Without a resource to build two real houses, the land is useless to us. Any recommendations?
  10. So far on this 40 acres we haven't seen so much as a squirrel.
  11. I posted here as I did not want to further clutter Whiskey's great thread on the homebrew tick repellent. I'm currently staying at a beautiful cabin set on 40 acres in Spencer. The setting and beautiful. The ticks are unbelievable. Just walking close to a tree line is finding us with several ticks crawling on our arms, legs and necks. Yesterday morning after going a couple of miles down the road having come to car straight from the cabin after the night's rest, my traveling companion found a tick crawling on her arm. The flying bugs are also proving to be skilled pests. We are currently waving our hands as they buzz around our faces. Is this a passing seasonal issue. Obviously during the cool winter months the bugs are not an issue, but is being outside during the summer unenjoyable due to the insect activity? I have made note of Whiskey's mix which I will certainly put to use when spending a day in the woods. On this visit we are using Deep Woods Off as we do some very light hiking on well traveled paths. It's ridiculous though that just a stroll on the lawn in the cleared back yard of our cabin has us picking up ticks whenever we get close to the tree line. As a point of reference, I've lived in Florida for 30+ years. I thought I was pretty adept at putting up with pests. Certainly the mosquitoes can become unbearable. We just finished up with a messy love bug season. These Tennessee ticks though are really putting a damper on us enjoying the outdoors carefree at present.
  12. At the risk of showing my ignorance, I'll ask a stupid question: Obviously once the treated article of clothing is washed the dip must be applied once again? What's your thoughts on treating a face cover and then breathing in through the treated fabric? Any fear of what might be inhaled?
  13. I've read all of these posts and also some other threads as well relating to 1911's. I'm getting the itch to purchase my first 1911. It will probably never be my EDC or sport a silencer. It'll just be something to round out my collection and take to the range from time to time. It seems the consensus is that any caliber other than the .45 God intended can be problematic. That's disappointing to me as I wanted a 9mm platform to avoid stocking yet another caliber. With all that said, what's the feedback on Remington R1 Enhanced Black 9mm 5-inch? Currently $560. https://grabagun.com/remington-1911-r1-enchanced-9mm-9-1rd.html
  14. I have numerous Glocks including the 19. I recently purchased the P320 X-Carry. It has now become my EDC after 20 years of carrying a Glock 22. The trigger on the Sig is what really sold me. The 320 feels great in my hand, the trigger is fantastic. I love my Glocks but Sig did it right with the 320 X-Carry
  15. What part of Florida did you move from and what part of Tennessee did you move to? I'm currently planning my escape from Vero Beach in 4 years.

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