Atlanta, GA asked in Uncategorized for Florida

Q: Is it legal to open someones car door

waiting for someone at a store parking lot, and someone opens my car door and starts talking, I instantly reached for my firearm he then tells me to calm down and that it isnt illegal to open somes car door.

my questions are

1)Is it legal to open a car door without permission ?

2)Would it be justified if I used deadly force ?

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2 Lawyer Answers

A: I all depends upon the circumstances. If, for example, a man accompanying a woman is expected to open her door to help her enter the vehicle. But that is not the situation here. What did he say?

No, he probably was not justified in opening your car door, as you had not given him express or implied permission to do so. It might even constitute a crime; an assault, perhaps.

You would not, however, be justified in using deadly force unless you were under a reasonable belief that he meant to kill you or to do you great bodily harm. Under the circumstances you have described, without more, you would not be justified in using deadly force.

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A: If you held your firearm in a threatening manner, you may be guilty of a crime. See:

"790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

1 user found this answer helpful

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