Pointing to the state’s “stand your ground” self-defense law, an appeals court Wednesday said a South Florida man should be shielded from an aggravated-assault charge stemming from a confrontation with a tree-cutting crew.
Richard Burns was charged with aggravated assault with a deadly weapon after he openly carried and loaded a gun during the confrontation in the yard of his home, according to the ruling by a panel of the 4th District Court of Appeal.
The ruling said Burns got the handgun after a member of the tree-cutting crew made sexually suggestive gestures toward Burns’ fiancee, another member waved a running chainsaw toward his dogs, and the crew refused to leave the property.
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A Broward County circuit judge rejected arguments that Burns should be shielded from prosecution by the “stand your ground” law. But the appeals court panel disagreed and directed dismissal of the charge.
“Openly carrying or displaying a firearm, and loading it by advancing a bullet in its chamber for it to be ready for use if needed, does not constitute the unjustified or threatened use of deadly force as a matter of law,” said Wednesday’s ruling, written by Judge Ed Artau and joined by Judges Cory Ciklin and Burton Conner. “Moreover, Burns had a lawful right to openly carry his firearm on his home property. Thus, Burns is entitled to immunity from prosecution for his non-deadly use of his firearm during the incident with the tree-cutting crew.”
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