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Florida law: 20 years without parole for firing a weapon at someone, so...

 
Brightwinger
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01/31/2013 02:35 PM
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Florida law: 20 years without parole for firing a weapon at someone, so...
Shouldn't the machine gun fire over a highway be a felony punishable with 20 years in prison with no parole?

That's what the military did. They terrified parts of Miami.

They did the same in Houston.

Edit:

Here is a link to a FL government website with description of the law.

[link to fpc.state.fl.us (secure)]

Last Edited by TheAmericanCancerSocietySucks on 01/31/2013 03:30 PM
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Razorbackkid

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01/31/2013 02:37 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
10-20-Life....it's been a law for quite some time now.

Military exercises do not apply.

Last Edited by Razorbackkid on 01/31/2013 02:37 PM
BRIEF
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01/31/2013 02:40 PM

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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


I guess if you hit them you get time off as a reward...missing your target inside city limits is careless and dangerous.
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Razorbackkid

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01/31/2013 02:40 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
10-20-Life....it's been a law for quite some time now.

Military exercises for not apply.
 Quoting: Razorbackkid


that's if you use a gun in the commission of a felony

like armed robbery or whatever

that's different than shooting at someone in general

lets say it was a guy in your yard and you unlawfully fired on him (near him in the grass)

I don't think you'd get 20 years without parole for that...
 Quoting: ^TrInItY^

Yeah, I think it may be "while in commission of a felony".

I'll search the Florida Statutes for specifics.
Brightwinger (OP)

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01/31/2013 02:41 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


Fl has a 10-20-life law for using a gun in the commission of a crime for showing the gun. Firing the gun appears to remove the element of committing a felony in conjunction with firing.

[link to en.wikipedia.org]
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Razorbackkid

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01/31/2013 02:42 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


I guess if you hit them you get time off as a reward...missing your target inside city limits is careless and dangerous.
 Quoting: BRIEF

lol....seems about right for Florida.
Brightwinger (OP)

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01/31/2013 02:49 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
10-20-Life....it's been a law for quite some time now.

Military exercises for not apply.
 Quoting: Razorbackkid


that's if you use a gun in the commission of a felony

like armed robbery or whatever

that's different than shooting at someone in general

lets say it was a guy in your yard and you unlawfully fired on him (near him in the grass)

I don't think you'd get 20 years without parole for that...
 Quoting: ^TrInItY^

Yeah, I think it may be "while in commission of a felony".

I'll search the Florida Statutes for specifics.
 Quoting: Razorbackkid


Firing a gun at someone is an assault or a battery maybe both (I always get those two mixed up.)

Otherwise someone could shoot a gun at someone not in self defense and it wouldn't fall under the 10-20-life law.

If I were to shoot a gun at you in a drive-by shooting. The law would definitely apply, even if I were using blanks.
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Razorbackkid

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01/31/2013 02:50 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
Florida 775.087 Criminal Statute/10-20-LIFE and Possession Of A Firearm By A Convicted Felon

Florida’s 10-20-Life statute is designed to impose mandatory penalties for certain crimes involving guns or firearms. Florida 775.087 is the 10-20-Life statute that enhances penalties for certain felonies when a firearm is used.

Basically, the 10-20-Life criminal statute means:

Requires a 10 year prison sentence for certain felonies when the accused possesses a firearm
Requires 20 years in prison when the gun is fired
Requires 25 years to LIFE sentence if someone is injured or killed
Requires a 3 year prison sentence for Possession of a Firearm by a Convicted Felon
The prison sentence must be served consecutively (after) any other prison sentence

Any person who is convicted of a felony or even an attempt to commit a felony, regardless of whether the use of a weapon is an essential element of the crime, and the conviction was for:

Murder
Sexual Battery
Robbery
Burglary
Arson
Aggravated Assault
Aggravated Battery
Kidnapping
Escape
Aircraft Piracy
Aggravated Child Abuse
Aggravated Abuse of an Elderly Person or Disabled Adult
Unlawful Throwing, Placing, or Discharging of a Destructive Device or Bomb
Carjacking
Home Invasion Robbery
Aggravated Stalking
Trafficking in cannabis, cocaine, amphetamine, GHB, and other illegal drugs.
Capital importation of cocaine, methaqualone, phencyclidine, and other illegal drugs.
Violation of Florida Criminal Statute 893.135(1)

Possession of a firearm by a convicted felon

and during commission of the crime, the accused actually possessed a “firearm” or “destructive device” shall be sentenced to a minimum term of imprisonment of 10 years, except for a defendant convicted of Aggravated Assault, Possession of a Firearm by a Felon, or Burglary of a Conveyance (i.e. car, truck, boat, or vehicle) shall be sentenced to a minimum term of imprisonment of 3 years.

If the person discharges a firearm during the commission of the crime, the defendant shall be sentenced to a term of imprisonment of 20 years. (Possession of a Firearm by a Convicted Felon is excluded)

If the person discharges the firearm and, as a result of the discharge, death or great bodily harm was inflicted upon any person, the convicted criminal defendant shall be sentenced to a minimum term of imprisonment of 25 years and not more than a term of imprisonment of life in prison. (Possession of a Firearm by a Convicted Felon is excluded)

A “firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless it is used in the commission of a crime.

Last Edited by Razorbackkid on 01/31/2013 02:54 PM
Brightwinger (OP)

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01/31/2013 02:57 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


Fl has a 10-20-life law for using a gun in the commission of a crime for showing the gun. Firing the gun appears to remove the element of committing a felony in conjunction with firing.

[link to en.wikipedia.org]
 Quoting: Brightwinger


well there are laws like

unlawful discharge of a firearm, brandishing a firearm, ect that would apply to shooting at some shithead in your yard PERHAPS depending on the circumstances but still I think what you're talking about is only in the commission of a felony like robbery, rape, etc..

actually firing a weapon while robbing a bank for instance would probably carry that 20 yr minimum you're talking about

but until I see the actual law I can't be sure

you seem unable to produce it

anyway that's beside the point you're trying to make about the live fire exercises over major cities...

that they do as a psychological deterrent

they want you to be afraid

and clearly it worked :)

be good now citizen or the men in black will mow down your apartment from their blackhawk helicopter, while paratroopers rape your mother 3 blocks over...

agent
 Quoting: ^TrInItY^
I provided wikipedia because the actual law would of course be more difficult to read, but since you asked, here is a description from the Florida government website.

[link to fpc.state.fl.us (secure)]
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01/31/2013 03:11 PM

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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


^^this..guess if that is the case, you better hit what you are aiming at, you will be out, sooner...wtf?
You accept the love you think you deserve~~~

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01/31/2013 03:12 PM

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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


I guess if you hit them you get time off as a reward...missing your target inside city limits is careless and dangerous.
 Quoting: BRIEF


rockon
You accept the love you think you deserve~~~

Love cannot live where there is no trust~~~

Truth has no temperature~~~
Brightwinger (OP)

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01/31/2013 03:29 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
is that the law?

link?

that seems harsh

people get out on flat out murder charges for less than that?
 Quoting: ^TrInItY^


^^this..guess if that is the case, you better hit what you are aiming at, you will be out, sooner...wtf?
 Quoting: Abi ~


Actually if you hit someone the added penalty is 25 years with no parole, plus the attempted murder or murder penalty. The separate charges must be served consecutively.
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Brightwinger (OP)

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01/31/2013 03:54 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
Although the law is called 10-20-life "use a gun and you're done" there is a special provision for semi automatics large clips and machine guns:

"Increase to 15 years the minimum prison term when the offender possesses a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun;"

The jokers in the low flying helicopters used machine guns.

"Pulling the trigger" ups it to 20 years. "Pulling the trigger" is all it takes not firing the weapon, according to the Florida website.

[link to fpc.state.fl.us (secure)]
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Kirmie

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01/31/2013 04:00 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
10-20-Life....it's been a law for quite some time now.

Military exercises for not apply.
 Quoting: Razorbackkid


that's if you use a gun in the commission of a felony

like armed robbery or whatever

that's different than shooting at someone in general

lets say it was a guy in your yard and you unlawfully fired on him (near him in the grass)

I don't think you'd get 20 years without parole for that...
 Quoting: ^TrInItY^


i normally do not post here but couldn't help myself....and about that...think again trinity... [link to www.allvoices.com]
Brightwinger (OP)

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01/31/2013 05:52 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
10-20-Life....it's been a law for quite some time now.

Military exercises for not apply.
 Quoting: Razorbackkid


that's if you use a gun in the commission of a felony

like armed robbery or whatever

that's different than shooting at someone in general

lets say it was a guy in your yard and you unlawfully fired on him (near him in the grass)

I don't think you'd get 20 years without parole for that...
 Quoting: ^TrInItY^


Yes, it does mean 20 years in FL. If you fire a gun at someone (pull the trigger actually) and missed, it's 20 years w/out parole.

Showing the gun requires it to be in the act of committing a felony. Firing the gun at or near someone IS a felony, so there is no extra requirement.

Firing a gun with blanks at someone is an assault.
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Brightwinger (OP)

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01/31/2013 05:54 PM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
10-20-Life....it's been a law for quite some time now.

Military exercises do not apply.
 Quoting: Razorbackkid


There are exemptions in the law for police, but not the military. The lawmakers probably never imagined the military would commit a crime like the one they did in Miami. Besides there is posse commitatus (sp?) that forbids their actions.
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Brightwinger (OP)

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02/01/2013 02:16 AM
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Re: Florida law: 20 years without parole for firing a weapon at someone, so...
Why in the hell isn't this getting more attention!

We've got the damn military terrorizing the public in an apparent attempt by the Obama administration to start something and to get the people scared of the WH, yet nobody seems to give a sh**.
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