DAVID BETRAS: Age of dueling returns with ’stand your ground’ gun laws in U.S.
Alexander Hamilton was among the most fascinating members of the Founding Fathers. That explains why he, rather than say, Button Gwinnett, was the subject of an amazingly popular and long-running Broadway hip-hop musical.
Hamilton was notable for many reasons: he helped instigate and served in the Revolutionary War, was a principal author of the U.S. Constitution, served as the first Treasury Secretary, and built the foundation of America’s banking system.
He’s most notorious for being killed in a duel on July 11, 1804 with sitting vice president Aaron Burr.
While Hamilton’s many accomplishments in life are worthy of exploration and discussion and the play “Hamilton” is a must-see, today I’m focusing on the way he died.
Why dueling is making a comeback in Ohio
If the criminal cases I’ve been involved in and reading about lately are any indication, dueling as a way of settling disputes is making a dangerous and bloody comeback thanks to the “stand your ground” and “constitutional carry” laws that have been enacted in Ohio and other states.
Ironically and interestingly, dueling was governed by a code that was in many ways more stringent than modern gun laws. Dueling originated in medieval Europe and provided a way for nobles and knights to defend their honor in man-to-man combat.
They were not necessarily fought to kill, rather the goal was for the aggrieved party to restore his honor by demonstrating that he was willing to risk his life to do so. Swords and rapiers were the weapons of choice until the late 1700s when they were largely supplanted by pistols.
Duels normally occurred when one party demanded satisfaction for a real or perceived slight or insult. The challenge to duel was issued by a gesture such as throwing a glove on the ground in front of the person who committed the slight.
That is the origin for the saying “throwing down the gauntlet”—or formal challenges that listed the grievance or grievances and a demand for satisfaction.
The way duels were conducted varied by country and culture until 1777 when a group of Irishmen drafted the “Code Duello” which contained 26 rules that addressed all aspects of the practice including the time of day the duel would occur, the types of weapons to be used, whether it would be fought to first blood, first wound, or to the death.
There were various types of pistol rules. We’ve all seen movies in which the duelists stand back-to-back, walk away from each other, then turn and fire. This was known as the French method.
As an alternative, combatants would stand at an agreed-upon distance and fire simultaneously when signaled. There was a variant in which the challenger shot first, then the offender, then the challenger until a prearranged number of shots had been fired.
In many instances multiple rounds were discharged before someone was hit because the duelists weren’t armed with Glocks, they were using flintlocks that had be to be reloaded after each shot. Dueling began falling out of favor in Europe during the mid-18th century, but remained a popular tradition in the U.S, particularly in the South and Southwest, until World War II.
There are stronger guns available today when dueling in Ohio
As I noted, however, the deadly practice is now making a return in Ohio and other states—and believe me, the combatants aren’t carrying flintlocks.
Dueling’s comeback is fueled by the Ohio’s recently enacted stand-your-ground and constitutional carry laws. These relaxed firearms statutes are already wreaking havoc, violence, and death spontaneously as it becomes easier for people to carry weapons either openly or concealed on their person.
Mix the presence of guns with alcohol and/or drugs, unintentional or intentional physical contact, or a remark about someone’s paramour and suddenly the air is full of hot lead which may hit the intended target, innocent bystanders, or both.
While the sudden, unplanned outbreak of gunfire is troubling, law enforcement is becoming increasingly concerned about the prospect of pre-arranged shootouts made possible by a 2021 law that expanded Ohio’s stand your ground which once applied only to a person’s home, business, or vehicle to include any place a person has a legal right to be.
That means Ohioans no longer have a duty to retreat to avoid a violent confrontation. We are now within our rights to use your firearm in self-defense whenever we feel threatened.
To understand how that may facilitate the resurrection of dueling consider the following: Person A says something nasty about Person B, or owes Person B money, or makes a discouraging remark about their partner or spouse or is angry for anyone of the nearly incalculable reasons people become angry with one another. Person B calls or DMs Person A and says, let’s settle this like men. Bring your piece, meet me in the parking lot at 9 p.m. or everyone is going to know you’re a lying coward.
A and B show up, insults fly along with lead, one or both are hit, and both can plead self-defense under Ohio law. They were legally carrying firearms, they were in a place they both had a right to be, they both had a reasonable belief that they were in danger, and they did not have a duty to retreat. Oh, and they weren’t carrying flintlock pistols. Take it from me, someone or lots of people will get shot.
This is a formula for impending disaster that should be addressed by the Ohio General Assembly ASAP. The stand-your-ground law is dangerous enough, it shouldn’t be the avenue for the resurgence of the duel.
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