First real test of Florida's gun laws:

MidKnight

MidKnight

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http://tampabays10.com/news/local/article.aspx?storyid=32821&s=f

Clearwater, Florida - A man shot his next door neighbor Monday evening, the Pinellas County Sheriff's Office reported. Under Florida law, he may never be charged.

Investigators said the two had an ongoing argument over a messy yard and loud music. It came to a head when one neighbor shot the other outside his house.

Investigators say a few minutes after he arrived home, Kenneth Allen, 58, heard a banging at his front door. It was his neighbor, Jason Rosenbloom, 30. A verbal confrontation followed.

"During the exchange, Allen told Rosenbloom to leave his property," said Mac McMullen, spokesman for the Sheriff's Office.

"Allen then shut the front door. Allen told deputies he then went to a room and retrieved a 9mm semi-automatic handgun, returned to the front door and opened the door."

"Rosenbloom then came towards Allen in what Allen told deputies was a threatening manner," he said. "Allen then told deputies he fired two rounds at Rosenbloom as he began to enter his residence."

According to Allen, Rosenbloom fell to the ground after being shot, then got up and walked to his home. His wife called 911 to report the shooting.

Rosenbloom was taken to Bayfront Medical Center by air ambulance and was reported in stable condition.

Allen was not charged with the shooting, McMullen said. Investigators will file their report with the State Attorney's Office for review.

Under Florida law, a person cannot be charged with shooting another if he thought his life was in danger.
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This is the first instance from what I can see that the new "shoot first" (as the bradys call it) law will be tested. You know the one. The one that 'they' said would turn Florida into the wild west.

Here's my take. The shooter told the shootie to leave his property. The shootie did not. However, the shooter should have just stayed in his house and called the cops to have his ass dragged away to jail. However, the shooter still has the right to open his own door on his own property and if they shootie moved toward him... fire away.

Thoughts?
 
Though I do like the idea of loosening up self defense laws, I think this was a little more than self defense. It kind of seems to me that once he shut the door he made the decision to get his gun then go back and re-open the front door with his intention being to shoot his neighbor. Of course this, to me anyways, is the picture that the media paints and this is only my opinion based on the "facts" given. I bet there is a lot more to this story than we will ever know.
 
My take: I completely support the law. The shooter should not be charged. OTOH, I would absolutely never have done it that way. The shooter is a complete a**h*** who is that last person I want as a fellow gun owner.

Proof that the law isn't everything, regardless of what some members may think. You can be 100% within the law and still be 100% wrong, as here, or 100% outside the law and 100% right.

Ken
 
"Allen then shut the front door. Allen told deputies he then went to a room and retrieved a 9mm semi-automatic handgun, returned to the front door and opened the door."
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As others have said, the correct response at this point would have been to call 911. Opening the door was a big mistake.
 
"Allen then shut the front door. Allen told deputies he then went to a room and retrieved a 9mm semi-automatic handgun, returned to the front door and opened the door."
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At which point Allen deliberately

1. RE-engaged AND

2. Escalated the situtation.

We are to believe the "shootie" [sic] moved toward a person holding a gun. It is POSSIBLE; however, I'll wait for the investigation. Someone stupid enough to re-engage is stupid enough to believe that drivel about "shoot 'em on the lawn, then drag 'em inside!." thus making what MIGHT have been manslaughter a Murder One case.

I also suspect alcohol was a factor for at least one player.............
 
Not to make light of a serious situation but...

Cross-X said:
And instead he dialed 1911.

An easy mistake for some to make, eh?
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Here’s a good one for the T-shirt thread !
A silhouette of a Colt .45 automatic and the caption reads “Dial 1911". That would make a good rear window decal too.
 
I agree with the above statements. The shooter was not in imminent danger of loss of life/limb after the point of him closing his front door. At that moment, the right thing would've been to call the PD for assistance, if the shootie was trying to get back in the house. Like Ken said, within the law, but not handled properly. Dilhole.
 
I'm not familiar with the wording of the Florida law, but it seems to me to be a stretch to call this self defense. I'd be surprised if the law precludes Allen's being charged just based on his contention that he felt threatened.

Then again, I wonder what the civil suit will look like?

Gary
 
KMaurer said:
Proof that the law isn't everything, regardless of what some members may think. You can be 100% within the law and still be 100% wrong, as here, or 100% outside the law and 100% right.

Ken
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Sounds like the laws are NG if this is the case. IMO I think the owner made a big mistake by getting the gun and going back to open the door. He was antagonizing the situation IMO. There was no threat once he shut the door on him. It's just this kind of BS that will screw it for the ones that really need the law.
 
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