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Author Topic: Another armchair quarterback analysis: what not to do.  (Read 1741 times)

downshift

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Another armchair quarterback analysis: what not to do.
« on: February 01, 2013, 03:01:58 pm »
http://www.ksl.com/?sid=23928833&nid=148&title=layton-homeowner-arrested-for-firing-shots-at-alleged-burglar

FTFA: Homeowner is a ccw permit holder. Arrives home to find 2 dudes breaking in. He presents, and dudes surrender or run off. Homeowner shoots anyways. Homeowner now faces the DA for charges of reckless endangerment. More importantly, no more CCW permit.
A reiteration of the major point of self defense shootings: SELF DEFENSE! You cannot shoot (at) dudes not posing an immediate threat.
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    luke213(adamsholsters)

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    Re: Another armchair quarterback analysis: what not to do.
    « Reply #1 on: February 01, 2013, 04:06:55 pm »
    Well this is where the law and I won't see eye to eye. I agree with the fact that's not the legal way to do things, but it sounds like firing that shot in the air did stop the guy from running off so he did get caught. Unlike the other two, I'd say if he'd done a better job disabling the vehicle we might have got all three of them instead of 1, but I'm sure he'd be facing other charges then.

    I'm not sure how rural an area this occurred in, for instance in a residential area firing in the air could be a serious problem, here your not going to hit a dang thing. Heck I can fire a gun directly at my parents house a 40 over and there isn't a chance of hitting it, too many tree's between here and there. There isn't a gap at all, max range for most shooting around here is 100 yards, less than that in most cases. So it all depends but just based on what I'm reading, stupid laws IMHO.

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    Gunnguy

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    Re: Another armchair quarterback analysis: what not to do.
    « Reply #2 on: February 01, 2013, 06:15:11 pm »
    I think its all because Police and Prosecutors like to cause trouble for people who tend to make them look like fools. That and some Police hate the public doing their job. Put thus in front of a competent jury in rural America right now...the citizen will win. hands down.

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    Re: Another armchair quarterback analysis: what not to do.
    « Reply #3 on: February 02, 2013, 03:25:15 am »
    Some prosecutors are more pro self defense than others. 

    Even when there is an error in a shooting, it may not be worth the time and money to prosecute when there are more important cases on the docket.  That said, a tactic that can be used against a law abiding home owner is to push prosecution until the defendant pleas to a lesser charge, because the homeowner will run out of money before the DA office.

    That said, it isn't your duty to apprehend (unless you are LEO), and it is your duty to not use lethal force unless there is a justifiable threat.
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    Gunnguy

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    Re: Re: Another armchair quarterback analysis: what not to do.
    « Reply #4 on: February 02, 2013, 09:03:47 am »
    Some prosecutors are more pro self defense than others. 

    That said, it isn't your duty to apprehend (unless you are LEO), and it is your duty to not use lethal force unless there is a justifiable threat.
    There are no limitations on criminals doing these things because criminals don't care. But again...law abiding ( maybe ignorant) citizens get screwed to pad some DA's stats. Like I said before...if those guys had been known killers or terrorists that citizen would have been viewed as heroic, but these were scum bags and the citizen's well meaning intentions were to stop these scumbags from doing harm to others. Running away or not these meat bags were a direct threat to the rest of society. Put that in your prosecutorial peace pipe and smoke it!
    IMHO if a scum bag invades your home, you catch them in the act, they have given up any rights they may have had and become enemy combatants to society in general. They have NO rights at that point but to surrender. They run...they are still a threat to the rest of the neighborhood. Just my opinion.



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    Re: Another armchair quarterback analysis: what not to do.
    « Reply #5 on: February 02, 2013, 11:05:08 am »
    It may be worth reflecting that if you are ever personally involved in a self defense shooting, prosecutors or the assailant's next of kin's attorney may review anything you ever posted online, and act based on something posted years earlier rather than facts of the incident.
    Washington"In theory, there is no difference between theory and practice.  But, in practice, there is. "
    - Jan L.A. van de Snepscheut

    Just like any other man, only more so.

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