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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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Appears to be a solid ruling by the Florida Court of Appeal.
1 posted on 05/25/2023 9:13:57 AM PDT by CFW
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To: CFW

2 posted on 05/25/2023 9:18:10 AM PDT by smokingfrog ( sleep with one eye open (<o> --- )
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To: CFW

Good read.


3 posted on 05/25/2023 9:20:04 AM PDT by Reno89519 (Donald Tantrum? No Thank You. We Can Do Better!)
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To: CFW

Open carry common in NV.


4 posted on 05/25/2023 9:23:50 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉)
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To: CFW

I open carry in my condo’s yard, and when I had my business and went into the nearby woods, I’d open carry my Kimber 1911 .45 ACP, and the Alexander Arms AR.50cal ‘Beowulf’.


5 posted on 05/25/2023 9:24:29 AM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: CFW

Gee, the Second Amendment actually means something in Florida!


6 posted on 05/25/2023 9:28:00 AM PDT by MeganC (There is nothing feminine about feminism. )
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To: smokingfrog

It is important to note that this occurred in possibly the only jurisdiction in Missouri where the couple would have been charged with any crime. After years of misconduct, the prosecutor finally resigned her office last week.

Naturally, the mob that broke into the couple’s private gated community were not charged. Even in conservative states like MO there are pockets of radicalism that happily elect and re-elect radicals. The woman who led the mob is now the congresswoman representing St. Louis.


7 posted on 05/25/2023 9:28:59 AM PDT by hanamizu
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To: Carriage Hill

Why carry the Beowulf in woods?

Expecting to encounter some aggressive engine blocks?


8 posted on 05/25/2023 9:32:52 AM PDT by AAABEST ( NY/DC/CA media/political/military industrial complex DELENDA EST)
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To: AAABEST

Rabid raccoons, sightings of gray wolf etc.
425gr HPs do the job nicely.


9 posted on 05/25/2023 9:36:09 AM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: rktman
I never understood Open carry. You're just the first person to be taken out.
10 posted on 05/25/2023 9:38:06 AM PDT by cdnerds (Vapingunderground)
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To: AAABEST

Woods carry would seem natural for the Beowulf. Would you limit .45-70 to engine blocks?


11 posted on 05/25/2023 9:38:20 AM PDT by Rinnwald
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To: cdnerds
CCW is the only way to fly in my opinion.
12 posted on 05/25/2023 9:39:19 AM PDT by cdnerds (Vapingunderground)
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To: cdnerds

Totally agree but some do it anyway. Me? Nope.


13 posted on 05/25/2023 9:40:11 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉)
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To: smokingfrog

Iconic picture of these two clowns. They made headlines for all the wrong reasons.


14 posted on 05/25/2023 9:40:37 AM PDT by Reno89519 (Donald Tantrum? No Thank You. We Can Do Better!)
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To: Reno89519

Their house didn’t get burned down. I count that as a plus.


15 posted on 05/25/2023 9:43:13 AM PDT by Do_Tar (All my comments are creative or artistic expression.)
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To: rktman
Open carry common in NV.

Yes, it is. Normally doesn't get a second glance. I do so on rare occasions, mostly going to and from some outdoor activitity, the range sometimes, etc. In all cases, if I open carry, I also have a concealed carry because I recognize that the open carry is a potential target and want back up if it is taken from me. Overall, I prefer and typically conceal carry everywhere.

16 posted on 05/25/2023 9:43:50 AM PDT by Reno89519 (Donald Tantrum? No Thank You. We Can Do Better!)
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To: Reno89519

Many a places the only ones to oppose concealed carry are the LEO. LEO can’t as easily act illegally if CCW are around.


17 posted on 05/25/2023 9:48:36 AM PDT by George from New England
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To: cdnerds

Open carry is handy when backpacking where there are bears and Moose. I carry a 44mag Superblackhawk in the mountains. Not so much in a crowded city. You become a target. Heck, some punk would just bash you from behind and steal it


18 posted on 05/25/2023 9:51:16 AM PDT by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: Rinnwald

Woods carry of a Beowulf is as goofy as a Desert Eagle. Oddly enough engine blocks always seemed the no. 1 quarry for .45-70’s.


19 posted on 05/25/2023 9:52:35 AM PDT by 03A3 (If we can defund the police, we sure as hell can defund the FBI)
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To: Reno89519

Still, the protesters were trespassing, they were within their rights and did not deserve to be prosecuted.


20 posted on 05/25/2023 9:58:18 AM PDT by smokingfrog ( sleep with one eye open (<o> --- )
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