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06/15/2023 11:25 AM | Anonymous

Florida  by Tom Reynolds

We are all aware of the huge difference between a ‘red’ and a ‘blue’ state.  A recent court case in Florida brings that home.

Richard Burns engaged in a verbal confrontation with a tree-cutting crew in his front yard. A crew member made sexual gestures toward his fiancée and another crew member threatened his dogs with a chainsaw.  Burns demanded the crew leave.  When they refused, he retrieved a handgun and while in his front yard he chambered a round. He held the handgun at his side and again demanded the tree-cutting crew leave his front yard.

Burns was charged with aggravated assault.

Burns cited Florida’s ‘Stand Your Ground’ Law, but lost.

Burns appealed the decision.

A three-judge panel of the Fourth District Court of Appeal of the State of Florida heard the appeal and unanimously found that loading and openly carrying a firearm in a person’s own yard is NOT use of deadly force and is protected conduct under the Second Amendment of the US Constitution.

The court’s rationale:

Richard Burns did NOT point his handgun at anyone.  The mere display of a firearm is NOT the use of deadly force.

The Second Amendment to the United States Constitution guarantees the right of law-abiding, responsible citizens to use arms in defense of hearth and home.

Florida law against open carry does NOT apply to a person’s home or place of business.

Even if Burns had NOT been on his home property, it would have been lawful for him to “briefly and openly display” his firearm in anticipation of possibly needing to use it for his and his fiancée’s protection during his confrontation with the tree-cutting crew.

Once Richard Burns told the tree-cutting crew to leave, and they refused, they became trespassers. The trespass and the threat to his dogs also justified his actions.

One can only imagine what would have happened if similar circumstances had happened in New York State.

Florida may or may not appeal the decision.  New York would undoubtably appeal the decision, just as it has appealed decisions declaring the Concealed Carry Improvement Act to be unconstitutional, even though the CCIA is undoubtably unconstitutional.

Unfortunately, the Florida decision does not apply to New York.  On the other hand, it is fortunate that similar courts’ decisions in New York do not apply to Florida.

Speaking of ‘red’ versus ‘blue’ states…

On August 28, 2022, Breitbart News noted Gabby Giffords’ gun control group was urging major credit companies to flag gun and ammunition purchases via the new Merchants’ Code.

On August 30 Breitbart News noted Democrat New York lawmakers were urging major credit card companies to create and use the same new firearms-specific code.

Florida Governor Ron DeSantis recently signed legislation that prohibits credit card companies from tracking gun sales in Florida. His office posted an announcement to the Florida Governor’s home page saying, “Today, Governor Ron DeSantis signed Senate Bill (SB) 7054 and SB 214 to protect the personal finances of Floridians from government overreach and woke corporate monitoring…SB 214 prohibits credit card companies from using firearm-specific Merchant Category Codes and institutes a fine for violations of Florida’s consumer protections against gun owner registries.”

Don’t hold your breath waiting for DeSantis’ actions to be followed in NY State.

Speaking of Gabby Gifford’s anti-gun activities..

According to that pesky United States Constitution, Amendment VI, which has been around for 232 years, says: “In all criminal prosecutions, the accused shall…have the assistance of Counsel for his defense.”

Even TV shows, the lowest form of semi-intelligent life, know about this.  Anyone who has seen a TV cop show knows that criminals are advised of their right to counsel. 

What if there were no lawyers?  (Stop applauding!)  To be more specific, what if there were no defense lawyers to provide “Counsel for the defense?”

Gabby Giffords Courage to Fight Gun Violence and Michael Bloomberg’s March for Our Lives gun control groups are canvassing campuses to convince law students to sign a pledge they won’t represent the firearm industry or firearm owners when it comes to protecting and preserving Second Amendment rights.

The gun control groups’ pledge peddles verifiably false claims to convince the aspiring lawyers that the firearm industry – not criminals - is responsible for violent crime in America. They’re blaming the industry for crimes committed by violent offenders and ignoring basic legal foundations in order to sway law students to deny legal services to companies and individuals that follow the law.

This effort is not restricted to the anti 2nd Amendment.

In his book, Get Trump, Alan Dershowitz writes: “…the Get Trump campaign is also out to get his lawyers and anyone associated with him. The targeting of his lawyers is especially troubling, since it implicates the Sixth Amendment right to effective assistance of counsel.  Good lawyers are understandably afraid of becoming the subjects of criminal or bar investigation, if they dare to defend Trump.”

The Constitution and especially its Bill of Rights will forever be an obstacle to be worked around by the left in its search for power and control.

A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

PO Box 165
East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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