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Do I need a less-than-lethal weapon in my home?
- Thread starter fhsjrm
- Start date
You have a weapon in hand IN CASE you have to use it. Not because you can or should have to use it.
Aggravated assault requires an intent to commit a felony and reasonably defending ones self is a positive defense to that charge. You don't have to pull the trigger to use a gun in defense. While the reasonableness may be argued, their is still no felonious intent to support Aggravated Assault. Could a possible case for reckless endangerment be made? Possibly, but that would be very weak and I doubt it would stand either.
By somes standards if the weapon sweeps someone then you are guilty of a felony. By that standard carrying a gun in the glove box would rack up felonies quick.
While Bears reaction may have been premature, I don't see any prosecutor considering it a indefensible crime. And I seriously don't think a grand jury, or (non activist) judge, in most states would either.
But I sure wouldn't do any work for him at his house either... LOL
Aggravated assault requires an intent to commit a felony and reasonably defending ones self is a positive defense to that charge. You don't have to pull the trigger to use a gun in defense. While the reasonableness may be argued, their is still no felonious intent to support Aggravated Assault. Could a possible case for reckless endangerment be made? Possibly, but that would be very weak and I doubt it would stand either.
By somes standards if the weapon sweeps someone then you are guilty of a felony. By that standard carrying a gun in the glove box would rack up felonies quick.
While Bears reaction may have been premature, I don't see any prosecutor considering it a indefensible crime. And I seriously don't think a grand jury, or (non activist) judge, in most states would either.
But I sure wouldn't do any work for him at his house either... LOL
Post whatever you want. I've studied this extensively. Including in depth conversations with both LEOs and prosecutors. I've recently added a conversation with a judge, too.
Drawing a weapon when you walk into a room in your home and find a stranger standing there is a reasonable act. Killing them for just being there is not. It's that simple.
Exodus 22:2-3
NIV: “If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed;
3 but if it happens after sunrise, the defender is guilty of bloodshed.
NAS: "If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account.
3 "But if thesun has risen on him, there will be bloodguiltiness on his account
KJV: If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
3 If the sun be risen upon him, there shall be blood shed for him
Basically, if the intent is unknown and you are protecting your life, you are justified. Most theologians agree the reason for the daylight part of the verse is that if you know the intent to not be harmful, you would not be justified in murder.
There is the definitive answer to your moral question.
Legally, I'll let you guys figure that out.
NIV: “If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed;
3 but if it happens after sunrise, the defender is guilty of bloodshed.
NAS: "If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account.
3 "But if thesun has risen on him, there will be bloodguiltiness on his account
KJV: If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
3 If the sun be risen upon him, there shall be blood shed for him
Basically, if the intent is unknown and you are protecting your life, you are justified. Most theologians agree the reason for the daylight part of the verse is that if you know the intent to not be harmful, you would not be justified in murder.
There is the definitive answer to your moral question.
Legally, I'll let you guys figure that out.
Captain of the local Sheriff Office has a extra home that is vacant, Tells a friend that has sold his home and who'snew home isnt complete yet that he can stay there for a few weeks, I couple of weeks later a deputy comes to the captain and says he and his wife are having problems and that sometime the arguments get pretty heated. So captain says look I got an extra house if things get bad just go crash for the night, I keep a key hidden under a old dog bowl.
well things with Deputy and wife go bad one night after he gets off work, he is still in uniform, he jumps in his personal pick up and goes to captains extra house, retrives key and lets self in, starts dowm hall, bam, bam ,bam, gun fire everywhere, Deputy runs from house all the while being shot at, gets in truck, window gets shot out. So more Deputys show up and guess what no charges, Sheriff and everyone else says citizen is justifed in firing his weapon. Nobody died or got shot( thank goodness this guys was a bad shot) Guy staying there did not know some one else might be coming by, Deputy didn't know someone else was living there. This happened in Spalding county, I believe it was 1999 but not postive about the year anymore.
So here we have an intruder who was really authorized to be in the home who was shot at, leo says it's justified, But you keep saying people will go to prison for this.
LOL! I think folks may have gotten a wrong impression about these incidents. In all three of them, my reaction was reflexive. In the case of the service people it was less than a second from the time I saw them to the time I identified them and stopped the draw. As I have said, in neither case did my weapon even clear my holster. In the third case I could not identify the person, so I completed the draw as I was saying something like "Who the F are you!" as soon as the guy said he worked for the contractor, the weapon got re-holstered and an apology was offered. From the beginning of the draw to the time it was headed back to the holster was less than five seconds. The guy had no issue with it and completely understood my reaction once he understood what had happened.
I did have a conversation with the contractor about keeping me informed about who was in my house after the fact.
I will asses the stuation and the intruder while on targey at center mass. Any weapon in hand buys one. Any move towards me after challenged buys one.
I wouldnt come out in my skivies blasting away. Anyone that comes in after lights out will trip the alarm. I am a light sleeper.
I see more benefit and liklihood to carrying non lethal options (such as quality pepper spray) on your person when out and about than at home. Situations arise where a firearm would be excessive and unjustified but some spray would resolve the issue. It is a good idea to carry non-lethal items if you carry lethal items
http://ballisticradio.com/2017/09/2...listic-radio-episode-224-september-17th-2017/
http://ballisticradio.com/2017/09/2...listic-radio-episode-224-september-17th-2017/
Do you really think there would have been no charges if that cop had been killed? Sounds more like they didn't want to make a big deal out of it because the Captain screwed up by not telling either person the other would be there.
