some recent email questions

Hello to everyone, and Happy Holidays!   Thought I'd shower you with some of the more interesting emails I've received in the past week, and my responses.   Here goes:

1.  Use of deadly force by person over 65 to stop a battery perpetrated upon their self:    I received an email that basically asked -- since a battery on a person 65 years or older is a felony -- then can't "deadly force" be routinely used to stop the battery  because it's obviously a "forcible felony"?  The answer is a glaring "maybe"  -- because it isn't a "forcible felony" unless a "deadly weapon" was being used by the assailant or the victim suffered "great bodily harm".   Surprise!   Battery On the Elderly is NOT a listed forcible felony, and a battery is not a crime that necessarily is a crime of force!  That's straight out of a Florida Supreme Court opinion!  Add a deadly weapon to the attack -- it becomes an aggravated battery and/or aggravated assault -- which are "forcible felonies".   Add great bodily harm -- and it becomes an aggravated battery.  So . . .  back to the primary "rule one" of self defense:   the use of deadly force in such an instance is ONLY if you have a reasonable fear of death or great bodily harm -- or -- if the assailant is using a deadly weapon in the attack.

2.   Email number two:    Can you carry a machine gun concealed per your CWP?    An interesting trick answer.   I guess there's some confusion on this,  and maybe the book didn't make it real clear how this works.  You see,  790.06 specifically excludes machine guns from your CWP carry -- but -- 790.01 (concealed carry) also excludes from prosecution anyone who carries a concealed firearm (which includes machine guns), but has a CWP.  Thus -- unless some court wants to really screw with the letter of the law -- if you have a CWP,  you can lawfully carry a machine gun concealed -- not because your CWP allows it  (because it doesn't) -- but because you're still OK under 790.01 -- as that subsection specifically excluded you.  On the other hand -- I'm not sure how many people out there really understand this very clear concept.  And -- you obviously still have some areas that are prohibited -- CWP or not -- just like any other weapons.

Ho  Ho  Ho