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Gun laws question

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A4sForever

BTDT OLD GUY
pilot
Contributor
Gosh, A4s, are we butting heads again? The more things change....

And I realize you don't care what sits well with me. Mutual, I assure you. But you repeatedly said I was confused, so I am asking what it is about those 2 statements that you quoted as evidence that suggests any confusion. If you are going to call me out, at least do me the courtesy of explaining.

I did come here seeking out reliable sources of information on this because I realized I had no idea how varied states are on their laws WRT lethal force. I got that infomation and learned a great deal, so that to those of you (including you, A4s) who pointed me in the right direction.

O.K., O.K. ... you weren't CONFUSED. :eek::eek::eek:

O.K.??? I'll choose my words better next discsssion we have on subjects that you don't know jack shit about. :)

Seriously ... I'm glad you're here to learn. We all can do some of that ... yea-as???
 

RockyMtnNFO

Well-Known Member
None
Contributor
"Pilot", as in the sigular form of "pilots." I assure you that if I were to have a second spouse, I would get myself a wife. Someone needs to do some decent cooking around here!

That is just darn funny. Teach her to shoot so if someone needs to get whacked in a liberal state she does the time.

Steve
 

Flash

SEVAL/ECMO
None
Super Moderator
Contributor
Horsehocky! If you can name the person who made that statement I will be impressed

Texas is enlightened in this case. The lawful citizen deserves the benefit of the doubt in this case, not the criminal. How much better would society be if every citizen was armed and used those arms to protect society.

Steve

You are assuming the person is a criminal, how would you know?

Society would also be great if we farted rainbows and sunshine, but life ain't perfect.
 

Flash

SEVAL/ECMO
None
Super Moderator
Contributor
You need to read some case studies -- non Texan -- instead of just talking ... you're just plain ol' wrong.

I'm NOT saying what I'd do -- I KNOW the law -- I'm just sayin' what is ... and probably what will be ...

Shooting a fleeing person, with their back to you, and that is not against the law? Unless they are an imminent threat to you or someone else, I would be fairly certain that you could be charged with manslaughter at the very least. Usually in cases like these, a DA will use discretion.

But even shooting someone who is coming at you does not guarantee you won't be tried. Just ask Rodney Peairs. He was acquitted, but he was still tried.

For the law applicable to police, refer to this:

"The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=471&invol=1
 

A4sForever

BTDT OLD GUY
pilot
Contributor
....Usually in cases like these, a DA will use discretion....
And that's exactly what I'm talkin' about -- along w/ a healthy dose of "recommendation" from the investigating officers, as well.

Again ... KNOW the law. But the lady does wear a blindfold, and sometimes looks the other way .... for many reasons. :)

ladyjusticegl1.gif
 

RockyMtnNFO

Well-Known Member
None
Contributor
You are assuming the person is a criminal, how would you know?

Society would also be great if we farted rainbows and sunshine, but life ain't perfect.

Yea, if my wife screams that some guy just raped her then that is a fair and reasonable assumption and I am willing to be judged by the "reasonable man" litmus. I am not saying kill anybody just because they are on my property, but if I have a compelling reason to believe that there is a violent fellon on the loose, then I am judge, jury and Mr. Point, Hollow Point, is the executioner. What are you gonna do if someone rapes your wife and is running away? Call the cops? Study the problem? Fart rainbows at him?
 

A4sForever

BTDT OLD GUY
pilot
Contributor
...What are you gonna do if someone rapes your wife and is running away? Call the cops? Study the problem? Fart rainbows at him?
A weak, piss-poor, candy-ass answer to a similar question cost Michael Dukakis, in part, a presidential election.

Thank God for the country he was weak and a candy-ass when confronted w/ that question ... :)
 

Flash

SEVAL/ECMO
None
Super Moderator
Contributor
Yea, if my wife screams that some guy just raped her then that is a fair and reasonable assumption and I am willing to be judged by the "reasonable man" litmus. I am not saying kill anybody just because they are on my property, but if I have a compelling reason to believe that there is a violent fellon on the loose, then I am judge, jury and Mr. Point, Hollow Point, is the executioner. What are you gonna do if someone rapes your wife and is running away? Call the cops? Study the problem? Fart rainbows at him?

Then you might face the the law yourself, depending on where you live:

"Michigan case of People v. Couch, 436 Mich. 414, 461 N.W.2d 683 (1990), where the defendant shot and killed a suspected felon who was fleeing the scene of the crime. The Michigan supreme court ruled that Archie L. Couch did not have the right to use deadly force against the suspected felon because the suspect did not pose a threat of injury or death to Couch."

http://law.jrank.org/pages/5981/Deadly-Force.html

Who knows what I would do, try and protect my wife at least. If someone was running away, probably stick by her. Other than that, who knows until you are in teh situation, which I dearly hope never happens.
 

Flash

SEVAL/ECMO
None
Super Moderator
Contributor
And that's exactly what I'm talkin' about -- along w/ a healthy dose of "recommendation" from the investigating officers, as well.

Again ... KNOW the law. But the lady does wear a blindfold, and sometimes looks the other way .... for many reasons. :)


A choice not to prosecute does not mean it is not against the law. A DA's discretion could go either way.
 

RockyMtnNFO

Well-Known Member
None
Contributor
"Michigan case of People v. Couch, 436 Mich. 414, 461 N.W.2d 683 (1990), where the defendant shot and killed a suspected felon who was fleeing the scene of the crime. The Michigan supreme court ruled that Archie L. Couch did not have the right to use deadly force against the suspected felon because the suspect did not pose a threat of injury or death to Couch."

http://law.jrank.org/pages/5981/Deadly-Force.html

So the Michigan Judges are gay, so what?
 

Flash

SEVAL/ECMO
None
Super Moderator
Contributor
Sometimes it really concerns me that people are are more concerned with what is LEGAL versus what is RIGHT.

Again, how is it RIGHT to shoot a fleeing man in the back, when he is not an imminent threat to you or someone else?

What's next? Lynching?
 

RockyMtnNFO

Well-Known Member
None
Contributor
Who knows what I would do, try and protect my wife at least. If someone was running away, probably stick by her. Other than that, who knows until you are in teh situation, which I dearly hope never happens.

Who knows? Is that the best pre-game plan you have? I guess your answer is hope it never happens. I'll stick to my guns (pun intended) thanks.

I hope it never happens to but I plan on being prepared.

Steve
 
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