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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/6/2005 11:19:07 PM EDT
[Last Edit: 9/7/2005 4:15:47 PM EDT by ArtyZ]
My home was BURGLARIZED yesterday. Thanks to the efforts of the local police and a 'crime watch' vigilant neighbor, the bad guys were caught red handed. No one was home at the time.

NOW...the perps, both 15 year olds, were apprehended with a pellet handgun (theirs). Armed or unarmed? What say ya'll?

I live in Florida, a state that is fairly tough on this type of activity. Hopefully, they will be charged with armed robbery or what ever the equivlent here is in Florida. They also made off with my wife's pain meds.
I dunno...additional charges for possession of narcotics? Hmmm.

I'll find out more from the police and state attorney's office as time goes on.

Armed? I say yes.


Edited for spelling
Link Posted: 9/6/2005 11:20:53 PM EDT
Armed, poor taste in weapons doest make them any less culpable.
Link Posted: 9/6/2005 11:20:55 PM EDT
if they can poke my eye out with it....then yes they were armed. Im not ging blind for some dumbass.
Link Posted: 9/6/2005 11:22:02 PM EDT
I thought someone had to be home for a home invasion? Glad they caught the kids, dumbasses would have eventually been shot carrying that BB gun around breaking into homes

EPOCH
Link Posted: 9/6/2005 11:24:14 PM EDT
not armed, but might be possesion of a deadly weapon.
Link Posted: 9/6/2005 11:25:36 PM EDT
Someone breaks in they will be found armed one way or another.
Link Posted: 9/6/2005 11:27:04 PM EDT

Originally Posted By Enigma102083:
not armed, but might be possesion of a deadly weapon.



well...hmm. So if you point it at someone then its Armed. If you dont point it, then its a possesion.
Link Posted: 9/6/2005 11:30:58 PM EDT

Originally Posted By gaspain:

Originally Posted By Enigma102083:
not armed, but might be possesion of a deadly weapon.



well...hmm. So if you point it at someone then its Armed. If you dont point it, then its a possesion.



no to be armed he has to have a firearm, pellet guns are not considered Title 1 firearms, but they can be considered a deadly weapon. So possession of a deadly weapon + pointing = threating with a deadly weapon.
Link Posted: 9/6/2005 11:46:06 PM EDT
It wouldn't be armed robbery. Burglary and Robbery are two different offenses. Sorry I had to clear it up. Kinda like when I hear about a man getting "raped".

Deadly weapon yes.
Link Posted: 9/6/2005 11:52:10 PM EDT
Armed enough to make it a justifiable homicide if you'd have caught them.

Wouldn't that have been fun!
Link Posted: 9/7/2005 4:25:09 AM EDT

Originally Posted By ArtyZ:
My home was BURGLARIZED yesterday. Thanks to the efforts of the local police and a 'crime watch' vigilant neighbor, the bad guys were caught red handed. No one was home at the time.

NOW...the perps, both 15 year olds, were apprehended with a pellet handgun (theirs). Armed or unarmed? What say ya'll.

Your neighbor should've shot them both with the pellet gun in the butt, then let 'em go and kept the pellet gun as a reward.
Link Posted: 9/7/2005 4:28:39 AM EDT
In Florida, that's "Burglary of a dwelling while armed" but since they're kids, it really doesn't matter. They might as well get a speeding ticket.
Link Posted: 9/7/2005 4:28:42 AM EDT
I've come across thugs who carried BB gun pistols because they weren't allowed to buy real pistols, and they wanted to look like they were armed so their homie "friends" would think they were packing. I think they a) wanted to look "cool" to the uninformed, and b) maybe commit a little robbery/mayhem with them. Several of them got shot by cops for pointing said BB gun at the police whilst committing a crime. Good riddance.

The other day, I encountered some teenie bopper fools shooting at each other in the McDonalds parking lot with Airsoft pistols. Since we do have CCW here, this'd be a great way to get to see the muzzle end of a real gun if they were unlucky. I was real tempted to have the cops pay them a visit, but the cops around here are very slow to respond to anything but a real violent crime.

If some idiot pointed a BB gun or Airsoft gun at me, and I thought my life was in danger, bang bang.
Link Posted: 9/7/2005 7:14:23 AM EDT
Doesn't FL have the new law that you can shoot to kill when people are on your property and stealing or breaking in? Something Jeb signed a few months back? A pellet can be just as dangerous as a real gun. A shot through the eye to the brain or in soft tissue will end you up on your back.
Link Posted: 9/7/2005 7:16:00 AM EDT
I'm no different than the Police, you point something at me that even resembles a gun and they will be drawing a chalkline around the body.
Link Posted: 9/7/2005 7:26:33 AM EDT

Originally Posted By MrClean4Hire:
I'm no different than the Police, you point something at me that even resembles a gun and they will be drawing a chalkline around the body.



No kidding! I've seen so many of these bb guns that look like real berreta 92s, Sigs, walthers and HKs that I might not be able to discern the difference in fast moving situation.
Link Posted: 9/7/2005 7:28:56 AM EDT

Originally Posted By vanilla_gorilla:
In Florida, that's "Burglary of a dwelling while armed" but since they're kids, it really doesn't matter. They might as well get a speeding ticket.



And now that they know what and where things are inside the house, it won't take them as long to get away with everything the next time.
Link Posted: 9/7/2005 7:30:52 AM EDT

Originally Posted By michaelj1978:
Doesn't FL have the new law that you can shoot to kill when people are on your property and stealing or breaking in? Something Jeb signed a few months back?




Goes into effect October 1st.
Link Posted: 9/7/2005 12:43:23 PM EDT

Originally Posted By captainpooby:

Originally Posted By michaelj1978:
Doesn't FL have the new law that you can shoot to kill when people are on your property and stealing or breaking in? Something Jeb signed a few months back?




Goes into effect October 1st.



That's the castle doctrine. It's been in effect in Florida, the new law simply extends it.
Link Posted: 9/7/2005 12:49:17 PM EDT
If they recovered pellet guns from the two dead kids that broke into my house... well, I guess then we could have that discussion.
Link Posted: 9/7/2005 12:54:30 PM EDT

Originally Posted By Freakinout:
If they recovered pellet guns from the two dead kids that broke into my house... well, I guess then we could have that discussion.



+1.

If I CLEARLY saw that they were pellet guns, I'd yell out a warning to drop to the ground first.

Maybe.
Link Posted: 9/7/2005 12:56:15 PM EDT
Courtesy of www.megalaw.com/fl/top/flcriminal.php


Title XLVI - Crimes; Section 810.02 Burglary.--

(b) For offenses committed after July 1, 2001, "burglary" means:

1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a. Surreptitiously, with the intent to commit an offense therein;

b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a) Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; <snip>



Now, whether or not they'll make the argument that the pellet guns were dangerous weapons uinder the circumstances is to be seen. I know that many states have language similar to the "fake bomb = real bomb penalty" for weapons used in the commission of a crime.

If someone pulls a Crossman 1010 (the 1911 pseudo look-alike BB gun) on someone, they would get charged with UUW - even though their public defender defense attorney will claim "it was only a BB gun, fer cryin' out loud" ; if they were trying to use it to have their victims believe it was real, they get charged just ilke it was a 1911.

Link Posted: 9/7/2005 12:57:09 PM EDT

Originally Posted By gaspain:
if they can poke my eye out with it....then yes they were armed. Im not ging blind for some dumbass.





From now on, I will borrow that definition, if you don't mind.

Link Posted: 9/7/2005 4:21:16 PM EDT
Both kids in court today. The state attorney's office informed me that they would keep us up to date on details of the case.
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