Kevin Gates is still facing battery charges stemming from an incident during a 2015 concert where he kicked a female fan, but he will not be able to use Florida's infamous stand your ground laws in his defense.

The Baton Rouge MC appeared in a Lakeland, Fla. courtroom on Thursday (July 28), after arguing last week that his case should be thrown out because of the stand your ground defense. However, the judge presiding over the case, Judge Sharon Franklin, disagreed with the "2 Phones" rapper saying his kick was not a justified reaction to fan Miranda Dixon grabbing his clothing.

"While a simple act of touching or pushing someone without his or her consent may amount to simple battery, the Court finds that such a minor act does not necessarily rise to such a level as to justify the use of force in return," Franklin wrote.

Stand your ground laws can be used when a person is deemed to have been defending themselves against an imminent threat of great bodily injury or death.

The judge also also called into question Gates' rationale. "Defendant testified that he is always scared for his safety at his shows because of death threats he's received, yet he allowed a very young child to not only walk out on stage with him but allowed this child to remain on the stage for the entire performance," she wrote.

Check back for updates on the case.

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