[DaFace]

Solid post from the OrangeMane about it:

http://www.orangemane.com/BB/showthr...64#post3620264

Originally Posted by fdf

I'm a former attorney and an NRA Certified pistol instructor. So take this for what you think it's worth:

* I'm sure Dumervil had a CONCEALED carry permit because he wasn't charged with illegal possession of a gun. Florida is NOT a constitutional carry state like New Hampshire is. His permit could be a Colorado permit because Colorado permits are good in FLA and vice versa.

* But two witnesses (including the complainant) say he showed his gun to the complainant. That is, he UNCONCEALED the gun. Permit no longer applies. That is a crime in every state I know about unless you are in reasonable fear of dying or serious bodily injury. It is usually called "brandishing" although it appears to be called "third degree assault" in Florida.

* I know of no state where you can defend property by pulling a gun (in this case, that would be defending his car against bottles, can't use a gun to do that).

* Stand your ground law has nothing to do with this case, if the Post has the facts correct. Stand your ground only says that if someone pulls a gun or knife on you or is beating the crap out of you, you don't have to run away. Instead, you can defend yourself with deadly force where you are threatened with death or serious bodily injury. (In FLA, it also adds a procedural protection of a pre-trial hearing). Stand your ground also doesn't apply because you can't use it if you provoke the incident. So pulling over, getting out of your car and heading for the lady's car almost certainly takes you out of the protection of the Stand your ground laws.

* The glove compartment laws are unimportant too. Had his gun stayed in the glove compartment and not been brandished, there would have been no arrest. I'm virtually certain having a loaded gun in your glove compartment is legal in FLA. But lying to the officer about it was double stupid and could be a separate crime in FLA. Either you keep your mouth shut altogether or you tell the truth. Lying to the officer gets you arrested if the officer hasn't made up his mind yet and will be introduced at trial as knowledge of guilt.

* SUMMARY: If the Post reporting is accurate, the only issues are:

(1) whether Dumervil flashed his firearm at the lady,
(2) if he did, was he in fear of death or serious bodily injury, and
(3) If (1) and (2) are true, did Dumervil provoke the incident by jumping out of his car and heading for the lady's car?

From what the Post reports, (2) and (3) are deadbang losers for Dumervil. So it will all turn on the credibility of the witnesses who say they saw Dumervil flash a gun.