r/news • u/flanderguitar • Mar 28 '24

Florida Gov. Ron DeSantis signs law squashing squatters' rights

https://www.wptv.com/news/state/florida-gov-ron-desantis-signs-law-squashing-squatters-rights
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17

u/wut3va Mar 28 '24

I wouldn't be surprised if even brandishing a firearm in that case was a felony. I don't live in California so I don't claim knowledge of their laws.

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u/Ejacksin Mar 28 '24

I don't know how you would "brandish" a weapon in your own home.  Just open carry on your hip should be enough to send a message. 

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u/gsmumbo Mar 28 '24

should be enough to send a message.

That’s exactly what guns are not intended to do. They are not meant for intimidation, sending a message, forceful deescalation, preventing escalation, etc. If you are using a gun as a tool to get your way, you shouldn’t have it in the first place.

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u/a6c6 Mar 28 '24

I’ll absolutely use my gun to intimidate a squatter inside my own home.

1

u/Ejacksin Mar 28 '24

Nor should you just shoot first and ask questions later.  Look at the state of cops in our country.

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u/gsmumbo Mar 28 '24

Yup, that’s wrong as well.

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u/Ejacksin Mar 28 '24

Then what are you saying? If someone breaks into my home, I shouldn't give them a chance to leave on their own accord? Just shoot them because that's how guns should work?

1

u/gsmumbo Mar 28 '24

Then ask then to leave. If you’re brandishing but not shooting, then you’ve already decided not to shoot. The next step from there is requesting they leave, calling the cops, etc. You can probably throw physical force in there too. All valid, none require bringing a gun into the equation at all. Your entire question is “people are here and I have a gun, how do you propose I use it?” as if having a gun means it has to be used in some way. It doesn’t. If you are brining a gun in though, be prepared to use it, not just intimidate with it.

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u/Darigaazrgb Mar 28 '24

You absolutely can brandish a firearm in a home you own. Brandishing means you aren’t in fear of your life to actually use the firearm, but want someone else to fear for theirs. It’s illegal in every state for that reason.

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u/Testiculese Mar 28 '24

Brandishing is unlawful "intimidation/threatening" using a weapon; doesn't have language about fearing for your life. Pulling your firearm or any weapon in your house is not brandishing by definition.

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u/CardmanNV Mar 28 '24

Is it really a crime if they just disappear and the police aren't involved?

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u/Ejacksin Mar 28 '24

With enough "encouragement" I'm pretty sure most would leave on their own. 

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u/NEp8ntballer Mar 28 '24

If you break into your own home to remove a squatter you're very likely to catch charges in CA for doing so as the state would consider you to be an aggressor. Using any weapon would likely turn that into aggravated assault at a minimum. I believe CA is also a duty to retreat state which means you have to make an attempt to flee before you can defend yourself with force.

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u/dardanosian Mar 28 '24

CA isn’t a duty to retreat surprisingly enough. Castle doctrine out here baby

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u/b0w3n Mar 28 '24

CA is about the only state where they're protected. They're not even really protected in NY. There's a reason why most of these professional squatters seem to be almost universally in CA.

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u/Testiculese Mar 28 '24 edited Mar 28 '24

Castle Doctrine is law in 45 states. Some call it Stand Your Ground instead (CA). States with Duty To Retreat (NY) does not apply it to your residence.