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#326 | |
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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__________________
-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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#327 |
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member
Join Date: October 5, 2009
Location: land of the free,because of the brave
Posts: 634
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model 520 stevens trench
just the sound of a pump gun deters criminals,announce your intention to meet force with force,if possible.
Last edited by andrewstorm; September 1, 2011 at 12:21 PM. |
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#328 |
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Member
Join Date: September 20, 2009
Location: HeArT of DiXiE
Posts: 1,209
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I wonder if this myth has had any anecdotal evidence to support it?
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Surculus ergo sum |
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#329 |
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Member
Join Date: April 24, 2008
Posts: 2,011
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Sam1911,
I think you are splitting hairs about the difference from "shoot to kill" and "shoot to stop" trying to make a point over a technical term. Let me ask you a question. Would you use different ammo for a home defense/offense shotgun if you were trying to kill the person rather than stop them? If not, then the only part of your correction that matters is if you would use this ammo once a threat had stopped. Otherwise, it's all the same and just a difference in the terms you use. Last I saw, most people who picked defensive ammo to stop threats looked at penetration, shot size/count, and recoil to make their choice. When you look for ammo to stop someone as quick as possible it seems most people look for ammo that will reach vitals/cns, has as much chance to do so (pellet size and count) and has as quick follow up shot time as possible. Ammo used to kill would also look to reach vitals/cns, have as much chance to do so (size and count) and have quick follow up shots. There isn't a separation in ammo meant to kill and ammo meant to stop a threat because both look at the desired results the same. It's not like he said he wanted to shoot #9 bird shot soaked in AIDS to cause a long and suffering death. I think the point you are making is one only for the lawyers and has nothing to do with real life when a threat is in your home and you decide to pull the trigger. You pick a round to quickly incapacitate someone. Typically this means shut down the CNS. Shutting down the CNS, without immediate medical care and often with immediate medical care, is fatal. You pick a round that you know to be deadly. When everything goes right with a fired shot, the end result is typically death. You accept that and use that as your ammo. You call it picking what "stops the threat" but you do so fully knowing that what stops the threat is also highly likely to kill. When you pull the trigger, aiming to stop the threat as quick as possible, you do so knowing that it is highly likely to kill the target. How is that different than aiming to kill? It's called lethal force. It's not called "stopping force". The difference is so we can feel better about ourselves at night and so the lawyers have something to argue about. When the trigger gets pulled in the time of a threat, there is no difference as both assume and accept that the round fired is going to end the life of the person on the other end. Last edited by benzy2; September 2, 2011 at 03:15 AM. |
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#330 | ||||||
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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What I said before was this: Quote:
You did NOT have to kill them. They may die, and that is acceptable, but killing them is not your goal. If killing them IS your goal, then that is murder. Even if they have done or are doing something incredibly awful to you and yours, you may not attack them out of a desire to end their life. If their life needs to be ended in recompense for what they've done, that is for society to decide after a jury trial. ALL you may do is shoot until they stop their current, immediate, harmful actions. Quote:
The difference is most often, and disastrously clearly, shown in cases where defenders move distinctly from shooting to stop to shooting with intent to kill -- as in the Jerome Ersland case. A man attacked in his own business who ends up with a life sentence because he took his counter attack beyond a reasonable intent to stop an assault and into the realm of executing those who had attempted to harm him. Quote:
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It certainly is a distinction "for the lawyers." And what the lawyers and judges and jurors will say about your intents and actions will affect the rest of your life (ask Jerome Ersland). You have to know and understand WHAT you may do and WHY, or you are likely to lose the life of freedom that you're planning so diligently to be prepared to save. Quote:
We want to win the gunfight. We also want our actions to be lawful and proper. Which guiding principle your mindset is keyed to is critical to making that be the case.
__________________
-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom Last edited by Sam1911; September 2, 2011 at 01:03 PM. |
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#331 |
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Member
Join Date: July 18, 2011
Location: Dale Hollow Lake, KY/TN
Posts: 168
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Think I get your point about "stop" vs "kill. With that said, isn't the term "lethal force" imply a force or action that could in fact kill? No I don't think your splitting hairs, but maybe are parsing words that the courts may in fact use against you. I live in Ky and I am in my rights to use lethal force to defend myself if I believe that I am facing a immediate threat to my life or the probabiity of serious bodily harm. The key word in the Ky self defense law is "believe". In the aftermath of a shooting, as long as I reasonably believed a threat to be present I am protected even if there was in fact no real threat [ie the gun was actually a cell phone]. In the end, lethal force is deadly force.
No I didn't pull the trigger to kill the bad guy but as the instructor in my CCW class said, "shoot until your are out of ammo, only in the movies do they shoot a couple of rounds and stop to see if the bad guy is down or ready to surrender". Your are accurate I think to say "stopping" vs "killing" was your intent when interviewed by the police, but unless you went up to the quivering body and fired a couple of kill shots; I do not believe the police or the court is going to parse the language in deciding to prosecute or to convict. |
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#332 | ||||||
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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Testifying (or having others testify for/against you) in court that, "The guy fell down, but I had a few bullets left, and my CCW instructor said to shoot until the gun was empty, so I put six more in him..." is going to end your life as you know it. Unfortunately, CCW instructors, gun shop guys, internet denizens, and even cops often give very bad advice when trying to explain self-defense issues. It's a very good idea to continue your education far beyond those sort of "lowest-common-denominator" resources. That is a real, serious, part of why we're sometimes so strict here on THR at keeping our discussions relevant, realistic, and strictly lawful. So much misinformation and bad advice out there -- and the suffering experienced by folks who swallow too much from the wrong source is very real. Quote:
(After all, it ISN'T black-and-white. The prosecution has to sway a jury that your self-defense claim isn't supported by the evidense. If they can instill in the jury's minds that you were looking to punish, to kill, to destroy -- not simply to stop an attack -- you may be in for a very rough ride.) Plan correctly -- get your head straight about what you are REALLY doing when you reach for your gun -- and you may avoid some horrific consequences.
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-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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#333 |
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Member
Join Date: September 28, 2010
Location: FLORIDA, Thankyou God!
Posts: 144
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Current September issue of AMERICAN RIFLEMAN in "the armed citizen" article shows 6 different scenarios of homeowners shooting and killing SIX "unarmed" burglars with no legal issue. One homeowner shot a burglar in the head after breaking a window while the burglar was still OUTSIDE the house.
In another instance, the homeowner "QUOTE" ....confronted two prowlers lurking inside his detached garage, drew his handgun, told them not to move, but suddenly the desperate men charged. The homeowner made quick work of the criminals, opening fire and connecting each shot. One suspect fell dead. The other lay wounded.... "UNQUOTE". So in this instance, who are the police going to believe that the burglars "charged"??? The unarmed burglars OR the homeowner???? Looks like the police believed the homeowner. I'm fortunate to live in one of the most "friendly" NRA states with a "Castle" Doctrine. I really would not want to kill someone, but again, (having served in the ARMY) I wouldn't hesitate to aim "00" at their chest to stop them..........I have that "right" in Florida to protect my life and property. ![]() And bassdogs is correct about the word "believe"........FLORIDA is the same. There was an incident in South Florida of "road rage" when a driver approached another driver sitting in his car who reached "under" his seat, the first driver thought he was reaching for a gun, he pulled his own weapon and shot the driver in the head. It DID go to trial, he was found NOT GUILTY because he "believed" his life was in danger, even though NO gun was found on the victim.
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"The STARS AND BARS don't stand for slavery, don't let anybody tell you it does!" AUTHOR: My 94 Year Old GRANDPA in 1957 Last edited by straightshooter9; September 2, 2011 at 12:07 PM. |
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#334 | ||
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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You may believe with all your heart that someone is about to kill you with some weapon. If the jury does not buy that your belief was reasonable, your self-defense justification will be rejected. As we say a lot here, what YOU think about the shooting really won't make much difference. Pull a gun, and pull a trigger, and your future WILL be decided by others. Maybe in agreement with your beliefs. Maybe not.
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-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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#335 |
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Member
Join Date: July 18, 2011
Location: Dale Hollow Lake, KY/TN
Posts: 168
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You see to be on a mission with this thread. If you lived in Ky, Ga, and apparently Fl, there apparently is a seriously different SD law than in your home state. There are obvious cases like saying you believed a 95 year old lady in a wheelchair, asleep in the park as you approached posed a life threatening danger to you so you shot her 12 times having to reload your revolver to finish the defense, THAT YOU WOULD MOST CERTAINLY BE PROSECUTED. However the word "believe" is in fact written into the Ky law. In addition under the castle rule, any person entering your home uninvited is by statute assumed to be a threat and you do not need to warn or otherwise confront the intruder before opening fire. Now before you launch another point by point response, go on line and read the Ky self defense law. The Ga law is even more friendly to someone defending them self.
I think we all get your point that if you go around threatening to "kill" any one who remotely gets in your face with a scowl on their face;will certainly get you a life behind bars if you are involved in a questionable shooting. I must respectively disagree that shooting until you are out of bullets is some how an aggressive act. Many LE training procedures teach exactly that and many actual police shootings involve what the public may see as excessive force. The number of bullets fired is not the issue, but rather [at least where some of us live] it is the sequence of events that might render an incident a prosecutable. Again the obvious walking up seconds after the initial shooting and administering a point blank kill shot would be a crime no matter where you live. The purpose of using lethal force is [as you correctly state] is to stop the threat. It is not to disable or wound the BG in a manner that would render him no longer a threat. Multiple shots to center mass from a proper self defense weapon, will most likely end in the death of the BG. The incidents that you quote must involve all kinds of shootings and involve a high percentage of untrained individuals. If you believe stopping vs killing is an important distinction, then since this is America, you are entitled to your opinion. Some will disagree, and we are entitled to our opinion. |
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#336 |
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member
Join Date: May 5, 2011
Posts: 339
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To add to that, some people are only concerned with legal vs illegal, and others are only concerned with right vs wrong. With the sad state of the justice system in our country, with the revolving doors of justice, and repeat offenders being out just months later, doing what they do all over again, a reasonable thought would be to make sure the offender never has the chance to do it again.
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#337 |
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member
Join Date: May 27, 2007
Posts: 4,524
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I live in a state with a very strong castle doctrine. If I shoot an intruder in my home, not only will there be no charges filed against me but the intruder or his survivors are prohibited by law from filing suit against me in civil court. There is also no “duty to retreat” meaning that if I am any place that I have a legal right to be, I can stand my ground and use deadly force rather than retreat if threatened with bodily harm. My vehicle is also considered an extension of my home and anything that is legal in my home, knife, club, pistol, shotgun or loaded AR is legal in my vehicle.
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#338 |
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Member
Join Date: July 18, 2011
Location: Dale Hollow Lake, KY/TN
Posts: 168
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OS - Not aware of what state you live in, but Ky has pretty much the exact same language in their SD law. Key is "reasonably believe" that a threat existed will protect you from prosecution. The law even states that LE may follow ordinary procedures to investigate the shooting, but you are presumed to be exempt under the law unless evidence contradicts your explanation. And like you say, Ky law has an immunity clause protecting you from prosecution or liability in a civil case if the shooting is justified. It even contains language granting recovery of legal costs, lost wages, and other damages if a civil case is brought in the case of a justified shooting.There is no argument that over the top behavior will most certainly attract prosecution, the presumption of innocence is provided to a shooter unless there is evidence at the scene to contradict your story.
Sam I said I get your point, and I do. But you are lecturing on the finer distinctions of terminology and laws do differ from state to state. Your reference about getting our information from "lower common denominator" sources [or something to that effect] is an insult to CC instructors, LE officers, and gun dealers and furthermore placing yourself as the "higher" authority is at best overly self indulgent. I'm sure you are speaking from an educated point of view and I'm not questioning that. Just thinking that your status as moderator does not elevate you to the level of "I'm right and you're wrong". |
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#339 | ||||||||||
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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To provide a more complete understanding of how the laws pertaining to self-defense work. Quote:
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No, the jury is going to consider all the evidence and decide if they believe your account and if they believe that what you say you saw and heard would have lead a reasonable person (each of the jurors, really) to make the same reaction. Maybe it is a fine point, but folks do sometimes like to stand on the assurance that, because the law says "believed," that the case really does hinge on their own beliefs and testimony. In actuality, once you pull the trigger (or even pull the gun), the decisions about your future lie entirely with what others believe about what happened. Quote:
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Let me back up and review a point. You may not go to trial. There is always the possibility that the police and D/A look at the evidence that is plainly obvious and decide that there is no reason to argue that you did not meet the standards for self-defense justification -- and those standards include the "Castle Doctrine" law. IF the case gets to trial, though, something has gone wrong. Something about what you believe or claim does not add up in the investigators' eyes. At that point, how reasonable your beliefs were and your response was hang entirely in the judgment of 12 fair and impartial folks sitting on your jury. You say all you have to do is believe that these things were the case. I'm pointing out that that is not true. IF it gets to a trial, the reasonableness of your beliefs is already under question and you will have to defend them and convince those who hold your fate. Quote:
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You may not be intending such absurd (and illegal!) overstatements, but it is a close step away from, "shoot until your gun is empty," to "make sure he goes down and STAYS down!" and so forth. Quote:
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__________________
-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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#340 | ||
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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#341 | |||
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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Gun dealers are legendary for giving out some of the most laughable advice (on any subject, but especially self-defense). That really seems to go without saying. CCW instructors are a hugely mixed lot. You've got some guys like Mas Ayoob, Marty Hayes, Tom Givens, and their type who are REALLY awesome at teaching things folks absolutely should know. Then there are a large number of instructors who teach the various courses required by the individual states which must cover the laws, and they can be good or questionable, depending on how well they stick to the "script" and what exactly the "script" covers. And then there are the rest -- mostly well-meaning folks who teach the firearms qualification type courses for the states, or hang out their shingle on their own and teach pretty much whatever the think they know. We hear reports all the time of instructors (like yours) who throw in little bon mots of "wisdom" like "shoot until your gun's empty" or actually do suggest that executing a bad guy is just fine, or encourage any number of other really cringe-worthy errors. You've really got to know who's doing the teaching, what their understanding is, and then evaluate everything you hear against the best legal understanding you have access to. Quote:
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-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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#342 |
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Member
Join Date: July 6, 2010
Location: Alamo City
Posts: 2,839
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I could never be a Moderator because so much arguing with no basis in reality would drive me completely insane. I don't know how some of you Mods keep a cool head and just keep posting the same things over and over again to try and educate others and (hopefully) keep them out of trouble. My hat's off to you all.
My fighting (self-defense) shotgun is a Saiga .410 because, in the short distance I might need to use it, I think a .410 with an extra mag (20 rounds total) is all I'll ever need. I also have a .45 ACP pistol and a carbine to keep any persistent threats at bay.
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"We are just statistics, born to consume resources." ~Horace~, 65-8 BC |
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#343 |
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member
Join Date: May 5, 2011
Posts: 339
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Sam, with as much respect as I can muster, justice has been meted out by the individual for millenia, the justice by organized society is the new thing, not the other way around.
The right thing to do when someone invades your home is to kill him. It is the moral thing to do, as it benefits society to keep multiple law abiding, good people alive, and criminals dead. I can debate philosophy rather well, if you care to partake. The legal thing to do in the above situation is to stop him. Fortunately, people realize that the best way to do that is with firearms, and there is a good chance stopping might result in the criminal's death. However, it is only prudent to wish that, of the three sides to the story, your side, his side, and the truth, only two are heard. Obviously, if you can avoid shooting someone, DO SO. It is never a good idea to shoot when there is another option. However, shooting to wound, because you are afraid of the legal ramifications of killing someone, is a very bad thing. It's dangerous for you, and ALL shots with a weapon COULD be lethal, like a deliberate leg shot could hit the femoral artery, and that's lethal. If one must shoot, one must shoot to end the threat, and that is to shoot the best way modern doctrine teaches it, which is center mass. No one will blame you for being scared and making sure the threat is stopped, but everyone will blame you for further shots after the threat has ended. I believe the general metric is shoot until threatening behavior is stopped by the criminal. That could be he dies, he runs away with one GSW, or he falls down, is still alive, and gives up then. The prudent thing to do would be for you to call 911, then your lawyer, and cover the bad guy until the law arrives. |
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#344 |
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Member
Join Date: July 6, 2010
Location: Alamo City
Posts: 2,839
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Sam didn't say "shoot to wound" and he never has that I'm aware of. He said shoot to "stop the threat" and once the threat is stopped then "cease deadly force". He also said it's criminal to "intentionally kill someone". With all due respect, what is so difficult to understand? Just accept his friendly "legal advice" for what it is. If you must kill an attacker then you'll know WHAT NOT TO SAY.
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"We are just statistics, born to consume resources." ~Horace~, 65-8 BC Last edited by Mike1234567; September 3, 2011 at 11:41 AM. |
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#345 |
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Member
Join Date: July 18, 2011
Location: Dale Hollow Lake, KY/TN
Posts: 168
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One last comment. First its good to see that you did google up the ky law abeit only a part of it. On several occasions, you mention what a jury will evaluate or what the jury will believe. The case will never get to a jury if after LE completes the review of the facts, the evidence finds nothing to shed doubt on your claim of "reasonable believe". You might have read [but left out of your summary of ky law] that you can not be arrested, retained against your will, or prosecuted unless evidence found during an investigation raises doubt about your claim. The police chief [my CCW instructor] and my county Sheriff have explained the nuiances of the law to me personally and these are the individuals who would be responsible for any investigation. I don't doubt that the choice of words that you want us to use are the right way to go. I do however think that both sides of this argument have gotten totally off topic which I think is about fighting shotguns.
With that I will move on to other discussions. |
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#346 |
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Member
Join Date: September 28, 2010
Location: FLORIDA, Thankyou God!
Posts: 144
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Relating to "fighting Shotguns"..............
Locally last week, not far from where I live, a homeowner shot two unarmed BG's as one entered a window and the other was outside behind the first. One is critical, the other wounded, both arrested, homeowner was not charged. Police stated the homeowner was "protecting life & property", no charges against him, wasn't even taken downtown for questioning. The homeowners "choice of weapon"? 12ga PUMP.........another win for the "good" guys! I don't ever remember anyone charged for shooting a BG in this town.
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"The STARS AND BARS don't stand for slavery, don't let anybody tell you it does!" AUTHOR: My 94 Year Old GRANDPA in 1957 |
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#347 |
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Member
Join Date: July 29, 2010
Posts: 53
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How did a (sticky) thread "on fighting shotguns" get so deep into Castle Doctrine issues?
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Help stamp out "No Guns" signs.: Educating business owners is the key. |
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#348 |
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Member
Join Date: July 6, 2010
Location: Alamo City
Posts: 2,839
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It's just the nature of discussion.
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"We are just statistics, born to consume resources." ~Horace~, 65-8 BC |
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#349 |
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Member
Join Date: August 19, 2011
Location: Republic of South Africa
Posts: 135
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Dave I was wondering what shotgun the U.S military prefers ?
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#350 |
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Moderator
Join Date: October 22, 2007
Location: Central PA
Posts: 20,931
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These days the US military is using the Mossberg 590/590A1 and the Benneli M4, mostly, but there are others still in the inventory.
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-- Sam "...with liberty and justice for all." (Must be 18. Void where prohibited. Some restrictions may apply. Not available in all states.) -D. Stanhope Sights Practical Shooters -- IDPA My Knife Showroom |
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