If I'm not mistaken, Florida has recently altered its laws concerning the use of deadly force. This state has been granting MORE rights to gun owners to use their weapons, even when they can retreat. Here's a quote from a recent post article on the new law:
Florida law already lets residents defend themselves against attackers if they can prove they could not have escaped. The new law would allow them to use deadly force even if they could have fled and says that prosecutors must automatically presume that would-be victims feared for their lives if attacked.
It now seems easier to prove self defense, even though the penalties for gun crimes has gone up. Sean knew these guys were dangerous. He went to ask them about the ATVs, felt threatened, pulled his piece, even though he could have retreated. A scuffle insued. Sean and co. left the scene without shooting. They were later SHOT AT by the folks they confronted, substantiating the fear that led to the pulling of the pistol.
I very much doubt that this is anything like what occurred, but the door is open to self defense, given the new law. Also, the prospect of this defense may make a plea bargain more likely.
Now, Sean's gun was most likely not registered, but we haven't seen a charge of possessing an unlicensed fire arm--Florida is a big NRA state. So the tough sentencing rules are somewhat offset by the rights of gunowners. We'll see how it plays out in the courts.
Fla. Gun Law to Expand Leeway for Self-Defense