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Topic Title: Fisherman pull gun on surfer
Topic Summary: Jax
Created On: 05/20/2023 03:52 AM
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 06/01/2023 09:55 AM
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CurtisEflush

Posts: 842
Joined Forum: 09/28/2012

From the vid, it did look like the fisherman was casting diagonally at the surfers. I wouldn't be surprised if his name was Gary. Unclear about who was there first, which only matters a little bit in the big picture.

Big question is whether the surfer actually threw a punch after confronting the fisherman. Can anyone confirm if he did?

FL law regarding imminent threat and use of excessive force changed a bit in 2014 from what we collectively understood before then, so there could possibly still be charges filed against the fisherman if the surfer came forward with a good story. Fists alone are not generally considered "deadly force," and it's pretty obvious a surfer coming out of the water in a full wetsuit is not in possession of any other weapon that could cause great bodily harm.

There's a lot of nuance and wiggle room (and surprising restrictions) in the laws as written, so a lot depends on whether the cops want to charge, DA wants to prosecute, and if so, what kinds of lawyers and juries are involved. Once someone is approached out of the blue and then punched, that usually has a big impact on how the legal process unfolds (or doesn't).

The FL CWP training course is a good place to start, but anyone who took the CWP training before 2014 should take a refresher. The "Florida Firearms" book by Jon H. Gutmacher is a really good reference, but make sure you've got the latest edition.

I'm surprised JB hasn't commented on this yet; I'm sure he would have some good insights once all the facts are known.
 06/01/2023 11:54 AM
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LBLarry

Posts: 4719
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Big question is whether the surfer actually threw a punch after confronting the fisherman. Can anyone confirm if he did


Lot's of people know ,,,,, see below.


once all the facts are known


JBPD is not pursuing the case. Fisherman assclown didn't want to pursue it further. Other surfers said they didn't know who the surfer in question was (they lied and JBPD knew it and didn't care). Some witnesses on the beach said that they didn't know who the surfer was (they lied and the JBPD knew it and didn't care)

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"Most people would die sooner than think; in fact, they do." - Bertrand Russell


"Morality is doing what is right, regardless of what you are told. Religion is doing what you are told, regardless of what is right.


If I do not answer you .... nothing personal, I just have you on ignore.

Edited: 06/01/2023 at 11:57 AM by LBLarry
 06/01/2023 01:25 PM
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CurtisEflush

Posts: 842
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@LBL, Just to be clear, by "JB" I was referring to forum member JohnnyBoy (not "Jax Beach") who has some deeper knowledge of weapons laws than the average poster here.

and by "once the facts are known," I meant known to those reading this thread, not just the Jax locals.

I haven't seen a confirmation of whether a punch was actually thrown and landed, and was hoping since you had talked to first-hand witnesses, you might inform us.

And by following up with possible charges, what I was getting at is the surfer could potentially ask for charges to be filed against the fisherman even if the police initially declined, especially if the surfer didn't actually throw a punch, exhibit a deadly weapon, or show some kind of behavior that a reasonable person could believe would cause imminent and severe bodily harm or death (intent and means to follow it up).

So, if you've got that info, please throw us a bone and let us in on the secret.


Edited: 06/01/2023 at 02:19 PM by CurtisEflush
 06/02/2023 09:50 AM
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LBLarry

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@CurtisEflush, I understood what/who you meant by "JB"

Sorry but you get no further information from me, on a public forum.

-------------------------
"Most people would die sooner than think; in fact, they do." - Bertrand Russell


"Morality is doing what is right, regardless of what you are told. Religion is doing what you are told, regardless of what is right.


If I do not answer you .... nothing personal, I just have you on ignore.
 06/03/2023 12:50 PM
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Cole

Posts: 68477
Joined Forum: 07/22/2003

Is chucking a three ounce pyramid sinker at someone an act of aggression?

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I was right.
 06/03/2023 02:19 PM
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johnnyboy

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I have resisted because this is the type crazy shit I deal with all the time. I have a safe that is too full to put another gun in and all of them are from people who were arrested with them. I am happy the fisherman didn't kill this guy. There is definitely an east case fl be made for the surfer because a lead sinker from that distance at that speed is capable of causing death or great bodily harm. That would mean the surfer would have been legally justified in using equivalent force BUT that is only if the force continued or was imminent. It was not. The punch in the face would have expected if you were throwing lead sinkers at places and literally every other spot was open to you but you chose a spot where surfers were. You cannot escalate or cause an incident and then argue self defense especially if you are armed and the other person isn't. That being said, punching someone is not deadly force. It's a simple battery and the stand your ground defense requires a forcible felony. All of the arguments on here so far highlight the complexity of a rule that in practice had resulted in a shoot first culture that is ultimately unsustainable. A prosecutor and a defense attorney could each make compelling cases for each side and they would each be right depending on six strangers who showed to jury duty with no more qualifications than a valid drivers license. Kind of scary.

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"One of the reasons why propaganda tries to get you to hate government is because it's the one existing institution in which people can participate to some extent and constrain tyrannical unaccountable power." Noam Chomsky.

 06/03/2023 06:37 PM
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CurtisEflush

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Well said, JB. Thank you.
 06/04/2023 03:54 AM
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StirfryMcflurry

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Originally posted by: johnnyboy a shoot first culture that is ultimately unsustainable. .
it's actually completely sustainable and will continue - til USA runs out of guns. discuss
 06/04/2023 05:56 AM
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scombrid

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Originally posted by: waterlizard25 It appears the fisherman pulling out his concealed lcp defused the situation. The moron surfer that punched him in the nose would have kept swinging but quickly realized he fcked around and found out. You walk up and sucker punch someone or attempt to do so your asking to get shot.. Not sure what the fuss is about. The fisherman is in the right
The fisherman committed assault first. Maybe he is lucky nobody has "stood their ground" at him.

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 06/04/2023 05:58 AM
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scombrid

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Originally posted by: waterlizard25
Originally posted by: StirfryMcflurry
Originally posted by: waterlizard25 The fisherman is in the right
because ....he couldn't leave his gun at home? tell us more.
I have had many run ins with fisherman in my surfing voyages. I've been hooked, I've had lead egg sinkers tossed at me, I've been followed all the way up the beach to my vehicle by guys who think they own the ocean. The best way to handle it is by ignoring and paddle/walk away but that doesn't always work, in fact it hardly works. The aggressor is still pissed and typically wants more chaos. The funniest part about you all hating on the fisherman pulling his firearm is.... Ready..? the surfer took off quickly before the cops arrived because he knows he assaulted the fisherman, the fisherman stayed because he knows he was within his rights (stand your ground law) StirfryMcflurry I suggest you stay inside on your computer in fairyland if you are that uncomfortable being around someone with a concealed carry license that's prepared to protect themselves in the real world. He defused the situation by simply pulling out his permitted firearm, he didn't fire a single shot and the surfer learned a lesson. It happens every single day around the globe. The fisherman is clearly calm and collected while pulling it and didn't attempt to press charges on the swing (assault) because he could have if witnesses saw. Obviously the smart move would have been to not pull his lcp and try to talk with the surfer but as soon as the surfer closes distance on the fisherman face to face he has no other choice. Don't come running up in someone's face aggressively you don't know or else things can turn sideways quickly no matter the situation. People are unpredictable there is no telling what happens if he doesn't pull his lcp. I know the majority of you complaining about this aren't from the state of FL and yall are soft as charmin toilet paper
Why does the surfer have a duty to retreat from assault by the fisherman but the fisherman doesn't have a duty to retreat from the surfer's retaliation? Maybe the surfer should do like the fisherman and use a gun to stop the initial assault. That certainly seems to be your position. Throw projectiles at unarmed people and it they retaliate then you are justified to pull a gun on them.

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Edited: 06/04/2023 at 06:02 AM by scombrid
 06/04/2023 06:36 AM
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garcia

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Not just pull a gun, but they can then shoot you. This state, the state I was born in 67 years ago and in which have lived my whole life, has gone bat shit crazy.
 06/04/2023 08:34 PM
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johnnyboy

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It's about to get a lot worse too with permitless carry. More guns entering into more arguments.

-------------------------

"One of the reasons why propaganda tries to get you to hate government is because it's the one existing institution in which people can participate to some extent and constrain tyrannical unaccountable power." Noam Chomsky.

 06/05/2023 05:14 PM
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Cole

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More guns entering into more arguments.


And for what, to prove you are right in an argument that probably didn't matter in the first place?

-------------------------
I was right.
 06/06/2023 05:48 AM
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RustyTruck

Posts: 33391
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Unfortunately we live in a society where aggression is rewarded and it's considered weak and emasculating to "back down".

It's a function of a perceived diminishing privilege for white men mainly. They're desperate to convince themselves and their cohort that they're still "in charge" and not taking shit from anybody.
Maybe too many cowboy movies when they were kids too.



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“It is the heart of US policy to use fascism to preserve capitalism while claiming to be saving democracy from communism “ - Michael Parenti
 06/06/2023 06:06 AM
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Cole

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Strange that he knew he needed to take his gun to the beach. Jax must have some tough Whiting!

-------------------------
I was right.
 06/06/2023 07:28 AM
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StirfryMcflurry

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Originally posted by: RustyTruck it's considered weak and emasculating to "back down". .
Tom Petty agrees
 06/06/2023 09:44 AM
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LBLarry

Posts: 4719
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Originally posted by: RustyTruck

Unfortunately we live in a society where aggression is rewarded and it's considered weak and emasculating to "back down".



It's a function of a perceived diminishing privilege for white men mainly. They're desperate to convince themselves and their cohort that they're still "in charge" and not taking shit from anybody.

Maybe too many cowboy movies when they were kids too.


As is repeatedly shown on this page



-------------------------
"Most people would die sooner than think; in fact, they do." - Bertrand Russell


"Morality is doing what is right, regardless of what you are told. Religion is doing what you are told, regardless of what is right.


If I do not answer you .... nothing personal, I just have you on ignore.
 06/06/2023 05:43 PM
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nukeh2o

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Originally posted by: Cole
Strange that he knew he needed to take his gun to the beach. Jax must have some tough Whiting!


Nope. The furball "fisherman" got exactly what he wanted.
He was deliberately casting into a group of surfers. Trying to provoke an incident... or a shark attack.
Which is exactly why he had his widdle magagaga gugun
If he does it again....set the smurf up. Someone on beach and in the water with cameras.
Grab his line, fake being hooked, file assault charges.
Or simply blindside the chickenshit and take him for an outside paddling excursion.....free surf lesson, duude... learn surfing's breath holding techniques.
wearing his bait.....and his treble hooks

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It's a democratic hoax

Edited: 06/06/2023 at 05:46 PM by nukeh2o
 06/06/2023 06:42 PM
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seaspray

Posts: 648
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Wonder how tough these guys are in a Mexican standoff. Pretty easy to pull a weapon towards someone who most likely is NOT carrying.
FORUMS : Surfing : Fisherman pull gun on surfer

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