Someone is trying to steal your horse -- per new 2014 statutes

OK . . .  I've decided to respond to a blog question on another blog (Florida Carry), and thought I should put it here first -- as it is most certainly of general interest in light of the amendments to the Stand Your Ground laws.  

The question was:   "Can I display my firearm if someone is trying to steal my horse?"   Since I don't have a horse (although I do have two very large dogs who sometimes eat like a horse) -- here's my response:

• Technically, it depends whether a "forcible felony" is involved, or not. If the horse is within a barn -- which is a "structure" -- it is a forcible felony because that is a "burglary". Likewise, if it is within fenced property around a dwelling -- it would be "curtilage" and also a "burglary" -- which is a forcible felony. If it is out in the open, or in a pen -- it is only a felony grand theft, and not a "forcible felony", and thanks to your 2014 Legislature -- display would be unlawful unless you had a reasonable fear of death or great bodily harm. Quite frankly, is someone is stealing my horse -- I think if you respond "I thought he was likely armed" -- you've solved that problem. But, the amendments to 776.012, and 776.031 make it clear you cannot display unless it involves a forcible felony, or you have a reasonable fear of death or great bodily harm. A big mistake by the Legislature, that I tried to make clear to everyone before the bill was voted on. (not that anyone really gave a damn). Anyway -- like I said. If someone is stealing my horse (or in my case -- my truck) -- I would likely display even if it was not a "forcible felony" simply because I believe it is reasonable to believe the other person is likely armed, and if I don't display -- I will be shot (ie: great bodily harm). Still, whether that belief is "reasonable" is a "question of fact" -- and if some cop or prosecutor thinks you were wrong -- it could lead to your arrest and/or prosecution for either aggravated assault, or more likely, improper exhibition of a firearm or deadly weapon. It's all in the new book coming out around Thanksgiving: "FLORIDA FIREARMS _- Law, Use & Ownership. Eighth Edition.

Likewise --  please let all your friends know -- the EIGHTH EDITION is on its way!  It's already at the printer's -- and should be in your gun shops and gun ranges by the first week of December, if not before.   Also -- I'll be at the Orlando Gun Show on November 29 & November 30th to debut the book, sell some copies, and autograph books.  So -- stop by and say "hi".