The questions every armed citizen asks
The United States Concealed Carry Association (USCCA) has found a set of questions shared by responsible gun owners. What happens after I am forced to protect myself or my family with a firearm? Will I be able to defend myself again, in court? Will I go to jail?
Attorney Adam Harmelin is a member of the U.S. Concealed Carry Association’s Critical Response Team. If you were involved in a self-defense shooting and you are a member of USCCA, call Adam immediately at (954) 294-9372.
Right after a self-defensive shooting
- Call 911 and ask for police and medical help.
- When officers arrive, follow their commands. Keep your hands visible and empty.
- Identify yourself as the person who called, point out evidence and witnesses, and say you will cooperate fully once you have spoken with your lawyer.
- Do not give a detailed statement before you talk to a lawyer. What you say in the first hour, under stress, can decide the case.
- Call Adam, and if you are a USCCA member, call the USCCA’s critical response line.
Florida self-defense law
Use of deadly force. Florida law allows a person to use or threaten deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony.
Stand your ground. A person who is not engaged in criminal activity and is in a place where they have a right to be has no duty to retreat and may stand their ground.
Home and vehicle. A person is presumed to have reasonably feared death or great bodily harm when someone was unlawfully and forcibly entering, or had entered, their home or occupied vehicle, and they knew or had reason to believe it. The presumption has exceptions, for example when the other person lived there or was a law enforcement officer doing their job.
When self-defense is not available. The defense generally is not available to the person who started the confrontation, unless they withdrew or had no reasonable way to escape, or to someone committing a forcible felony.
Immunity from prosecution
Justified force in Florida brings immunity from criminal prosecution, which includes arrest, detention and charging, and from civil lawsuits. Police may not arrest a person for using force unless they have probable cause that the force was unlawful.
If you are charged, your lawyer can ask for a pretrial immunity hearing, often called a stand your ground hearing. Once the defense raises a prima facie claim of self-defense, the State must prove by clear and convincing evidence that the immunity does not apply. If it cannot, the case is dismissed before trial.
If the State declines to file charges, or charges are dismissed because you acted in lawful self-defense, Florida law also provides a way to expunge the arrest record.
Carrying concealed in Florida
Since July 1, 2023, a person in Florida may carry a concealed weapon or firearm without a license if they meet the eligibility requirements for a concealed weapons license. Carrying concealed without meeting those requirements is a felony. If your eligibility is in question, that is part of the defense.
Additional charges Adam defends
Adam Harmelin defends people charged with drug offenses, assault and battery, property crimes, probation violations, driving offenses and other crimes. See criminal defense.
Frequently asked questions
Will I be arrested after a self-defense shooting?
Not necessarily. Florida law says police may not arrest unless they have probable cause that the force used was unlawful. Many cases are investigated first and sent to the State Attorney for a decision. Your conduct and statements at the scene affect that decision.
What is a stand your ground hearing?
It is a pretrial hearing where a judge decides whether you are immune from prosecution because your use of force was justified. If the defense makes a prima facie showing of self-defense, the State must disprove it by clear and convincing evidence.
I am a USCCA member. What should I do first?
Get to safety, call 911, and then call the USCCA’s critical response line and Adam. Do not give a detailed statement until you have spoken with your lawyer.