Monday, March 26, 2012

If Vaginia is For Lovers, Florida is For Stand’n Your Ground


As usuall, you damned yankees is got it awl wrong and done misconstru'd evry thing!


The 'Stand Your Ground Law' ain't some bleed'n heart liberal commie self-defense law, IT'S A DUEL'N LAW for MEN of honor!  (And I believe we know what kinda MEN i'm talk'n about hear!)


This here law in no way excludes Patriotic Son's of the Solid South from defend'n their God, their Guns, and their PROPERTY!  (Which make's me wonder why that 'boy' was run'n around loose in the first place?  Ahh, but...that's another story for another time...)


Naw, naw, naw...y'all got it awl wrong!  That boy (what's his name...who looks like da president...) and this alien invader Zim weren't fight'n.


They were DUEL'n!


That boy (oh, i'm so sorry...That young man...) had chosen a bag of skidattles and a deadly (broken?) bottle (of tea?).  A regrettable choice of duel'n weapons, I admit; but he did have two!  Now, Mr. Zim had only ONE (less imaginative, more conventional) weapon:  a pistol!  An honorable weapon, if i must say so myself.  Many a good man (and quite a few sluts) have done gone down by the pistol.  Damn it, it's The American Way!  More people are killed drivin than duel’n each year in America!  And yall don’t go weeping for all of them, do ya?


Now, let's do some read'n here.
  
Section (3) of The 2011 Florida Statutes Title XLVI CRIMES Chapter 776 JUSTIFIABLE USE OF FORCE 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.— says:


(3) A person who is not engaged in an unlawful activity and 
who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.


Now, lookie here:
No Dueling States

State and territorial laws prohibiting duelling


20 states, along with the District of Columbia and Puerto Rico, have some statute(s) (including constitutional provisions) specifically prohibiting duelling. The remaining 30 states either have no such statute or constitutional provision, or limit their duelling prohibition to members of their state national guard. This does not necessarily mean, however, that duelling is legal in any state, as assault and murder laws can apply.


States which specifically prohibit members of the state national guard from duelling are Arizona, Arkansas,[42] Connecticut,[43] Georgia,[44] Iowa,[45] Kansas,[46] Missouri,[47] Hawaii,[48] Ohio,[49] Oregon,[50] Pennsylvania,[51] Washington[52] and New York.[53]


States and territories which have statutory prohibitions on duelling for all citizens are Colorado,[54] District of Columbia,[55] Idaho,[56] Kentucky,[57] Massachusetts,[58] Michigan,[59] Mississippi,[60] Nevada,[61] New Mexico,[62] New York,[63] North Dakota,[64] Oklahoma,[65] Puerto Rico,[66] Rhode Island[67] and Utah.[68] California previously prohibited duelling, but this was repealed in 1994.[69]


Virginia passed the Anti-Dueling Act in 1810, creating civil and criminal penalties for the most usual causes of duelling, rather than for the act itself. It is still on the books. Virginia Code §8.01-45 creates a Civil Action for insulting words. Virginia Code §18.2-416 makes it a crime to use abusive language to another under circumstances reasonably calculated to provoke a breach of the peace. Virginia Code §18.2-417 makes certain slander and libel a crime…and blah, blah…

Now, you don't see Florida anywhere in these lists!


Therefore, duel’n ain’t illegal or ‘unlawful’ in Florida, unless, of course, assault and murder laws can apply!  (Whadda’s ‘can’ mean here?  It either can or it cain’t, and if it cain’t; then does it or don’t it; and if it don‘t, den what?)  Now, ’Stand Your Ground’ would seem to clear up all this lawyerly mess, since a “person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground” and, one could say, a duel has an element of attack and defense.  


So, since 2011 Florida Statutes Title XLVI CRIMES Chapter 776 JUSTIFIABLE USE OF FORCE 776.013 doesn’t specifically exclude or even mention dueling, it either doesn’t apply OR it protects DUELING!

So, there you are, all you northern liberal anti-secessionists! Com’on down…


(Caveats:  (1)  I am not a lawyer, although, sometimes I act like one.  (2)  I do not hire out as a ‘second’ for honorable arrangements (email me for details). (3)  I, in no way--that I know of--endorse or participate in dueling or other manly rituals involving the settlement of:  scores or debts or matters of family or national honor.  (4) In America, you are on your own.)

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