FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?

FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?

Breaking into automobiles is an issue for some of us citizens of Florida. If I see someone rummaging around in my vehicle while it is unoccupied and parked in my driveway, can I blast them? I have U.S. Law Shield, a FL state CCW, and am up to date on my state’s firearm laws. I just didn’t find any legislature or statutes clarifying my rights if the vehicle is UNOCCUPIED. Any guidance would be much appreciated, thanks!

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(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 in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).


(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.


(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.


(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.


(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.


History.—s. 1, ch. 2005-27; s. 4, ch. 2014-195.


Source: USA Carry

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