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Loading and Openly Carrying Gun in Own Yard Isn't Criminal Use of Deadly Force Under Florida Law
Reason.com ^ | 5/24/23 | Eugene Volokh

Posted on 05/25/2023 9:13:57 AM PDT by CFW

From Burns v. State, decided today by the Florida Court of Appeal, in an opinion by Judge Ed Artau, joined by Judges Cory Ciklin and Burton Conner:

That a person's home is his or her "castle" is one of the most basic tenets of our jurisprudence. However, for Richard Burns …, charged with aggravated assault with a deadly weapon for openly carrying and loading his firearm in the yard of his own home, the "castle" our law entitled him to protect was relegated to a defenseless dungeon. We conclude that the trial court erred in denying his motion for immunity from prosecution pursuant to Florida's Stand Your Ground law. We therefore grant his petition for writ of prohibition because he is legally entitled to immunity from prosecution on the aggravated assault charge….

The State charged Burns with aggravated assault with a deadly weapon for his response to a verbal confrontation with a five-man tree-cutting crew that occurred in the yard of the home he leases as a residence for himself and his family, which includes his fiancée and her son.

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; US: Florida
KEYWORDS: 2ndamendment; banglist; castledoctrine; firearms; fl; florida; standyourground; threats
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To: 03A3

I take it from your handle you are into bolt actions.

I would not hesitate to carry an AR in the woods if I had one in a beefy caliber. All mine are 9mm and Regular.

I guess we’ll agree to disagree.


41 posted on 05/25/2023 12:22:01 PM PDT by Rinnwald
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To: higgmeister
Tell that to Wyatt Earp.

Funny you should say that. Not that Wyatt never open carried in his career, but the gunfight at the OK Corral, pitting lawmen against the cowboys, symbolized city folks against rural. The impetus of the whole thing was gun control, with Wyatt's group coming to take guns away from the cowboys.

The cowboys open carried in rigs similar to what is seen in the movies. The lawmen, as city folk, carried their handguns concealed, in large overcoat pockets or tucked in belts.

42 posted on 05/25/2023 12:30:47 PM PDT by Rinnwald
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To: Reno89519

Roger that. Just a heads up. The band I’m in is playing at The Ponderosa saloon in VC Saturday night 8-12. Ya never know. 🎸🔊👍


43 posted on 05/25/2023 1:53:31 PM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉)
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To: Rinnwald
but the gunfight at the OK Corral, pitting lawmen against the cowboys, symbolized city folks against rural.

Well, actually leading up to the gunfight at the OK Corral, it was actually different law enforcement agencies against each other.

After Stilwell's body was found the next morning, the Tucson Justice of the Peace issued arrest warrants for the five lawmen suspected of the extra-judicial murder. When the men returned to Tombstone, Cochise County Sheriff Johnny Behan had received a telegram notifying him of the Tucson warrants, and attempted to detain the five members of Earp's federal posse named in the warrants, but they ignored him. Still carrying arrest warrants for Curly Bill Brocius and others, they left Tombstone to pursue further Cowboys implicated in the attacks.

Behan formed a Cochise County sheriff's posse consisting of deputies Phineas Clanton, Johnny Ringo, and about twenty other Cowboys and Arizona ranchers. Based on the local warrants, they followed the Earp posse and set out to arrest them.


44 posted on 05/25/2023 2:27:02 PM PDT by higgmeister (In the Shadow of The Big Chicken!)
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To: CFW

“I would assume it was some anti-2nd Amendment prosecutor that brought the charges on behalf of the state.”

But Moody sided with the state?


45 posted on 05/25/2023 2:39:10 PM PDT by TexasGator
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To: TexasGator; CFW
“I would assume it was some anti-2nd Amendment prosecutor that brought the charges on behalf of the state.”

For all those who question DeSantis and sum him up with the Disney thing, this is what DeSantis has done for Florida, and can do for the Nation. Stacked legislature. Stacked courts. Stacked state offices, and getting rid of the option when possible. Stacked Red. Conservative Red. Supreme court slot likely coming up for the next prez. Maybe some opportunities in the next two races as well. A lib prosecutor brought this charge, in a lib county. Didn't even make it the the state supremes before it was slapped down.

46 posted on 05/25/2023 5:55:05 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: cport

That’s “getting rid of the opposition when possible”. Dang auto-correct


47 posted on 05/26/2023 4:13:55 AM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: cport

“Supreme court slot likely coming up for the next prez. “

DeSantis: My pick will be in the mold of Thomas and Alito


48 posted on 06/27/2023 2:55:41 PM PDT by TexasGator
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To: TexasGator

“But Moody sided with the state?”

But? As AG she IS the state!


49 posted on 06/27/2023 3:00:11 PM PDT by TexasGator
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To: TexasGator

“Something is amiss. State charged him?”

No. Local LE charged him with a state crime.


50 posted on 06/27/2023 3:56:33 PM PDT by TexasGator
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To: kvanbrunt2

“How do farmers shoot varmints on their property there? Like gators and pythons.”

Open carry is allowed on personal property. Also or while hunting or fishing or traveling to or from those activities.


51 posted on 06/27/2023 3:59:02 PM PDT by TexasGator
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To: CFW

“I would assume it was some anti-2nd Amendment prosecutor that brought the charges on behalf of the state.”

Local LE. State statute.


52 posted on 06/27/2023 4:02:53 PM PDT by TexasGator
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