Gunfire, confusion and standing your ground: Castle doctrine laws under new scrutiny after recent shootings
MIAMI -- Moments of confusion and uncertainty have resulted in bloodshed across the country in many instances.
Those names include Payton Washington, Ralph Yarl, Kinsley White and Kaylin Gillis, all of whom were targeted by gunfire. Gillis was killed, each for seemingly innocent mistakes.
The incidents have placed self-defense and so-called castle laws back in the spotlight with questions about the right to use lethal force.
Florida was the first state to implement its Stand Your Ground law and is now one of 30 states with legislation on the books.
However, according to experts, a stand-your-ground law does not mean a gun owner can fire their weapon at someone who mistakenly shows up at the wrong address.
"Both stand your ground and the castle doctrine allow you to do is to use the same force that's being used against you," said David Weinstein, a former Florida state and federal prosecutor. "If someone drives on your property looking for an address and it's the wrong place, you can't just go out and start shooting at them."
Nearly 60 million guns were purchased between 2020 and 2022 and roughly 46 percent of adults in the United States live with a gun in their home.
And as of July 1 in the state of Florida, you won't need a permit anymore to conceal carry, but there are exceptions.
But guns will still be prohibited at several places in the state, including at:
- A police, sheriff or Florida Highway Patrol station.
- Detention center, prison, or jail.
- Court.
- Polling places.
- Government buildings.
- Schools, colleges or universities.
In Southwest Ranches, an Instacart driver was making her last delivery for the night when she showed up to the wrong house. The unidentified driver told CBS News Miami, she saw a man pull out a gun and fire several shots.
The shooter told police he was hit by the vehicle and feared for his children's safety and that his intention was to disable the vehicle so that it was no longer a danger.
Former Miami police Chief Jorge Colina, who is now retired, said stand-your-ground laws are written ambiguously but it's not a protection for shooting just anyone who comes at you.
"You better be able to really articulate why you chose to pull out a weapon and use it against someone," he said.
According to Weinstein we typically don't see arrests right away in these cases because law enforcement must investigate first.
He says they have to determine if the right amount of force was used and if the shooting was justified.
