Advocacy & Safety - Open Season on Aggressive Florida Motorists

The Florida State Senate passed SB 436, which allows bicyclists to shoot and kill motorists who approach in any threatening fashion, without criminal penalties.

http://www.flsenate.gov/cgi-bin/view_page.pl?File=sb0436.html&Directory=session/2005/Senate/bills/billtext/html&Tab=session&Submenu=1

The Florida State Senate passed SB 436, which allows bicyclists to shoot and kill motorists who approach in any threatening fashion, without criminal penalties.

http://www.flsenate.gov/cgi-bin/view_page.pl?File=sb0436.html&Directory=session/2005/Senate/bills/billtext/html&Tab=session&Submenu=1


Looks like that could go either way... "...well that big mean bicycle guy was trying to get into my SUV... look what he did to the windshield... so I shot him... "

Looks like that could go either way... "...well that big mean bicycle guy was trying to get into my SUV... look what he did to the windshield... so I shot him... "

This could be fun!

The Florida State Senate passed SB 436, which allows bicyclists to shoot and kill motorists who approach in any threatening fashion, without criminal penalties.

http://www.flsenate.gov/cgi-bin/view_page.pl?File=sb0436.html&Directory=session/2005/Senate/bills/billtext/html&Tab=session&Submenu=1

Yippee! I can't wait to bag my first motorist with my Glock 19!!

Yippee! I can't wait to bag my first motorist with my Glock 19!!

Make my day, baby!

The reality is this bill will create a lot of problems.

The reality is this bill will create a lot of problems.

Yes, making appointments at the taxidermist to get your motorist trophies mounted! I'd like to bag one of each race and gender.

Yes, making appointments at the taxidermist to get your motorist trophies mounted! I'd like to bag one of each race and gender.

I feel a national headline coming from wherever you are in FL. Good grief.

The bill is actually doing the opposite of its intentions. It will encourage shootouts.

Ugh. This is one of the worst laws I've ever seen. "Florida: The Rules Are Different Here." :rolleyes:

Wow this is the first I've heard of this.
I guess it would be considered self-defense, but it's a little extreme.
I can't believe it passed.

That said, anyone know a good pistol that is small enough to fit in a jersey pocket?
I'm kidding of course....

Read the wording of the bill again. If someone INSIDE a dwelling, residence, or vehicle, determines that their life is in danger, it allows them to use deadly force without fear of being arrested. The last part of the bill allows police to go after people they think abused the law on purpose.
It does not allow cyclists on the road to have an open season on motorists.

Read the wording of the bill again. If someone INSIDE a dwelling, residence, or vehicle, determines that their life is in danger, it allows them to use deadly force without fear of being arrested. The last part of the bill allows police to go after people they think abused the law on purpose.
It does not allow cyclists on the road to have an open season on motorists.

The bill says you can use deadly force against someone "if that person had removed or attempted to remove another from the dwelling, residence, or vehicle."

I would say that a car threatening a bike fits the definition of attempting to remove from a vehicle.

The bill says you can use deadly force against someone "if that person had removed or attempted to remove another from the dwelling, residence, or vehicle."

I would say that a car threatening a bike fits the definition of attempting to remove from a vehicle.

The bill refers to the "Castle Doctrine", meaning the person using defensive force has to be INSIDE a vehicle. Cyclists are not INSIDE their vehicle, so the regular rules regarding assault on a person "outside"
would be used.

Let the fun begin...But, don't motorists have a better chance of aiming at the cyclists..Might be important to get the right handlebar bag....A holster might not get in the way of pedaling....baggies might be in order.. Sure Mae West would have something to say about guns under your shorts.

Big deal. In Texas we have long been permitted deadly force to protect yourself and others. We call it self defense. Glad to see the concept catching on.

Motorists have a better chance at correct aim..Heck cyclists can't even get a camera out in time to photograph our atackers..From reading the law..A motorists could claim the cyclists was the one threatening them.

i love riding and enjoy a bike lane where i live. but on many ocasions as a driver i have witnessed cyclist egging on motorist and encouraging confrontations. unfurtunatley these few ego maniacs give motorist the wrong impression of the rest of the pack

I feel a national headline coming from wherever you are in FL. Good grief.



Yes, I can see it now:

FLORIDA CYCLIST TO TOUR THE COUNTRY DISPLAYING HIS COLLECTION OF MOUNTED MOTORIST HEADS

It will be the talk of the nation. I will probably be on Oprah and Jerry! People will start sending me ammunition to replenish my ever dwindling supply! People will donate money to me so I can build more rooms on to my house to display my collection. I can see it now.

The reality is this bill will create a lot of problems.
There are laws like this in other states. Do you have evidence that they caused problems there?

The stupid passing laws

The ignorant ranting about how noble it is to kill

Ah yes, the good ole American frontier days returning

Cyclists are not INSIDE their vehicle, so the regular rules regarding assault on a person "outside" would be used.


"Vehicle" means any conveyance of any kind, whether or not motorized, which is designed to transport people or property.

Ah yes, the good ole American frontier days returning

Not exactly. Read up on your history not a Hollywood movie. In the "wild west" there was actually very little gun play. And per capita crime was low.

I didn't think Floridians could top thier voting performance in '00.

Then I though they couldn't top Terri Schiavo.

I keep moving the bar and they keep exceeding expectations.

GET OUT OF THE BIKE LANE!!!!

(insert crazy gun shot shounds here)

I don't claim to take a position..That is Floridian's concern..But, I did leave Florida in 1989...I recall the new governor put into law a right to bare arms anywhere, as long as it is visible..
The result..In a couple Ft. Lauderdale malls, foreign tourists expereinced shoot outs...When tourism dropped , then Gov. Martinez recinded the law..Just what I remember.

"Vehicle" means any conveyance of any kind, whether or not motorized, which is designed to transport people or property.

It seems hard to believe the framers of this law would intentionally exclude vehicles that you can't get entirely inside. "Those bicyclists are on their own, dammit! This law applies to enclosed vehicles only." I'm sure what they had in mind when they wrote this were carjackings.

Perhaps all this will contribute to a more polite society.

The bill refers to the "Castle Doctrine", meaning the person using defensive force has to be INSIDE a vehicle. Cyclists are not INSIDE their vehicle, so the regular rules regarding assault on a person "outside"
would be used.


1 (c) "Vehicle" means any conveyance of any kind,

2 whether or not motorized, which is designed to transport

3 people or property.

Yes, I can see it now:

FLORIDA CYCLIST TO TOUR THE COUNTRY DISPLAYING HIS COLLECTION OF MOUNTED MOTORIST HEADS

It will be the talk of the nation. I will probably be on Oprah and Jerry! People will start sending me ammunition to replenish my ever dwindling supply! People will donate money to me so I can build more rooms on to my house to display my collection. I can see it now.


Ha ha ha. Charge 2 bucks a gander. Come one, come all!

In Missouri, and most other states, these day, concealed carry permits are the law, and its legal to carry a handgun with a permit. So, its a moot point, self defense has always been the legal under the U.S. constitution. So, I imagine, it would be a case by case situation, if one could prove that ones life actually was in danger, and there were other recourse.
BTW, a Walther PK would be a good choice for a bicyclist.

Yes, making appointments at the taxidermist to get your motorist trophies mounted! I'd like to bag one of each race and gender.

Nope. You will want to bag one of each make and model:

Chevy Suburban, Tahoe
Hummer H1, H2, H3
Cadillac Escalade
Dodge...
Ford...
Mercedes...
Nissan...

Good hunting.

Nope. You will want to bag one of each make and model:

Chevy Suburban, Tahoe
Hummer H1, H2, H3
Cadillac Escalade
Dodge...
Ford...
Mercedes...
Nissan...

Good hunting.

I don't know. The logistics of your idea is rather daunting. I will take it under consideration, but in the meantime I am cleaning my Glock anxiously awaiting action by the legislature! I will probably start riding 7 days a week instead of my usual 6 - I think that will increase my odds of garnering new trophies!

All they did was reword what "justifiable" means, so that people don't have to turn their backs to run away from people waving guns at them...which usually ends in the fleeing person being shot in the back.

Florida pretty much has the honor of being "the drama state", so actually I think this law might be good...if crooks know that they finally are in a position where they can be taken out with less chance of it backfiring against the defending victim, then there just may be less crooks out there trying to rob people.

Well I never leave the house without a pistol and have never needed it agaist a person and doubt I will. Even so this law will not cause blood to flow in the streets. In the past Florida required a person to retreat from danger if possible. If not possible then stand your ground and fight back with deadly force "IF REQUIRED". The new law basicly states you no longer have to retreat when confronted with deadly force.

The key seems to be missed by most here so far due to a lack of understanding of the laws of deadly force. Being on a bike and about to be flattened by a car is not a legal defense to use deadly force. If three conditions are not present in ALL circumstances then deadly reaction is illegal.

1st you must have "Intent".

2nd you need "Capability".

3rd you need "Opportunity".

If I claim I am going to kill you, then you can show intent but without a means to kill and the opportunity or ability to do so then you have no defense.

I need to show you that I intend to kill you, I have the ability to kill you with a weapon or some such and I am close enough to do so. Car accidents do not give you the intent part and skydive69 will be doing dirtdives in the prison yard for life when he bags his first motorist. :) Unless you get a really good lawyer, have lots of money and mucho luck!

"Vehicle" means any conveyance of any kind, whether or not motorized, which is designed to transport people or property.

Another stupid law, subject to interpretation. If a cyclist actually shoots a motorist, because the cyclist feels threatened, I say the the jury will probably rule in against the cyclist. Why? Because the average jury person is not a cyclist. Kinda like a jury of white people sitting in judgement against a black defendant.

Another stupid law, subject to interpretation. If a cyclist actually shoots a motorist, because the cyclist feels threatened, I say the the jury will probably rule in against the cyclist. Why? Because the average jury person is not a cyclist. Kinda like a jury of white people sitting in judgement against a black defendant.

So what you are stupidly saying is that white jurors will most likely make racist a decision only because the defendant is black. Would you care to share anymore of your incredibly inane thoughts with us? Come to think of it, don't bother!

So what you are stupidly saying is that white jurors will most likely make racist a decision only because the defendant is black. Would you care to share anymore of your incredibly inane thoughts with us? Come to think of it, don't bother!

A jury of motorists will most likely rule against a bicyclist defendant.