Deadly Force to Protect My Home?

[aswynn81]

If I live in Florida and someone knocks on my door after midnight without saying who they are, am I legally allowed to answer the door with a gun and aim it at whoever is outside?

Florida Statutes
782.02?Justifiable use of deadly force.—The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
776.031?Use of force in defense of others.—A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
776.013?Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(1)?A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a)?The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b)?The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2)?The presumption set forth in subsection (1) does not apply if:
(a)?The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b)?The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c)?The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d)?The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(3)?A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4)?A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5)?As used in this section, the term:
(a)?“Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b)?“Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c)?“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

[sebastiano]

Apparently it depends on who is knocking on the door and who is answering it. Because it seems if we're talking about law enforcement being the knocker, and a civilian answering the door immediately with a gun, apparently he is well within his rights to do so.

It's interesting people here seem to think it's not all right, but say it's all right on this other site (mentioned in the source).

I think if you are scared of someone merely knocking on the door and feel threatened, maybe you should not answer it and call the police. In the case of no suspicious noises being heard, and with no one trying to break in, it is definitely not okay to pull out a gun. A knock on the door does not imply a threat. Threats are usually a bit sneakier than that.

My opinion is that a knock on the door, no matter what time it is, in itself is NOT a threat; therefore, the knocker should not have a gun pulled on him or her because they knocked on the door. A knock on the door is not unlawful, nor is it a REASONABLE "fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another."

[jabarl]

You quoted the law, chapter and verse therefore you must be fully aware of your responsibilities and the results of your use of a weapon.

[darrell]

No -- just knocking on the door doesn't imply a threat.

Forget the law for a second and remember common sense. There are 3 basic rules for handling a firearm and the first speaks specifically to this issue -- you do not point a gun at anything you don't intend to destroy.

You need to know how to handle guns before you handle them!

[barraq]

You can use force with force. From what i know the "suspect" is knocking on your house, you would have to give that person a warning before you taken any action. Just know that to use deadly force and self-defense as a legal defense you first have to be in a situation where deadly force is the only option left to save your and your families' life.

[advent]

Here's a thought: "(1)?A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another"...If you're that afraid, then just don't answer the door.

The law is written fairly clearly. What part of it did you not understand?