9/10 Is it legal to shoot somebody who is unarmed, but threatens you? Do
you have to wait for them to actually harm you? Seems like if someone
runs at you, and you shoot, it would be hard to prove that there was
a threat.
\_ they have hands and feet which are weapons
\_ Better to be tried by 12 than carried by 6.
\_ Better carried by 6 than prison raped by 12.
\_ I'll take my chances on a trial. Though I've heard
more than one cop recommend that if you do shoot, make
sure it's a fatal shot, just so it's your word against
no one's else's.
\_ Police are different, they are given a greater
latitude when dealing with potentially deadly
situations.
\_ You must show that you had a reasonable fear for your life and
safety and that you had no other course of action to defend
yourself, such as running. One can presume deadly intent on
the part of an assailant if it is a "surprise" attack or if
an asssilant breaks into your home or business while you are
inside. If say you were a 4'1" 75 pound person and a 6'5"
240 pound man charged you, yeah, you'd have an easier time
showing reasonable fear for life and safety.
\_ This is pretty accurate. Mainly, the crux of the case will be
on whether you can show that a 'reasonable person' would have
felt in life-threatening danger with no reasonable recourse but
to shoot. -POC
\_ I don't have a clear idea of "reasonable". Also, how about
non life-threatening danger? Such as someone trying to rape
your girlfriend. I suppose the law requires letting him do
so with impunity while you call the cops? And attacking with
something other than a gun would be assault? (Never mind that
trying to intervene physically could get you killed.)
\_ *sigh* If you're really that worried and clueless, read
up on it -- the materials aren't hard to find. If someone
is raping you (or your gf), then I'd be inclined to say
that the 'life-threatening' condition has been adequately
met (I mean, duh). Attacking with something other than a
gun would also be assualt if you have no proper
justification (although it would likely be battery). You
are allowed to defend yourself in CA. Really.
\_ your right to defend yourself also extends itself to
others you choose to defend: the gf, your friend, your
son, an innocent person you see being held up at
gunpoint or knife or being beat up by a group (careful
with the last case though)
\_ The original poster asked about a situation involving
him(or her)self, not someone else. The answers were
given in that context. Learn to read.
\_ So what, I asked a related question.
\_ You will have a surprisingly difficult time if this was done
not on your property. It's even worse in Britain, there's a famous
case of a guy going to prison for shooting a burglar in his home.
-- ilyas
\_ happened in LA just a few months ago. You can only use a
gun in protection of your life, NOT your property in Cali.
\_ Are you referring to the one where the guy who broke in left
when he saw the gun and was running down the street when the
owner shot him in the back?
\_ I am SO fucking out of Cali as soon as I graduate. -- ilyas
\_ there's super-cheap land available in the matsu valley.
http://www.matsuvalleynews.com
all they talk about in their paper is property rights
and you can buy a 0.50 magnum pistol at the 24 hour k-mart.
expect to slather your body with DEET for 3 months of the
year, though.
year, though. Oh, yeah. and there are NO TAXES! no
sales tax, and no state income tax. they send you
a check every year from interest on a fund of money saved
up from oil revenue.
\_ I was thinking Wisconsin. Wisconsin's a battleground
state, so I can be sure I contribute to a government
that will lower taxes, brutalize criminals, despoil the
environment, and RULE YOU LIKE A KING. -- ilyas
\_ is alaska that bad with mosquitoes? that sucks.
\_ it really depends on time of year and how far
you are from the ocean, but in the interior in
the bad season it's pretty insane.
\_ Well, when I think about it there are lots of
mosquitoes here in CA. Ran into lots in the
Santa Cruz woods and in the some in the Sierras.
And we have the West Nile stuff here now.
\_ I know--what's up with Cali and all that shite about 'life
being valued above property'. Fucking pansy ass liberal
wimps. Back in the day, not only could you kill a man
for stealing your property, if you killed him you were
entitled to his property as well. Bring back the days of
the libertarian utopia, I say!!
\_ You are confused. See, criminals, by virtue of not
respecting my property rights, give up their rights.
For instance, their rights not to be killed like a dog
This is why we lock criminals up, and make them
work, and don't call that a violation of rights. Or are
prisons a part of a 'libertarian utopia' too? You make
a great impression on behalf of liberals everywhere,
buddy. -- ilyas
\_ BWAHAHAHA! Your prejudices are showing, ilya.
I'm not a liberal. I also believe in the right to
bear arms, and intend to join the NRA. It's
possible to value life above property (while
still believing that criminals should be punished
in proportion to their crimes) without being a
'liberal'. You make a great impression on behalf
of libertarians everywhere, son.
\_ I value life above property too. Are you saying
criminals don't give up rights when they commit
crimes? -- ilyas
\_ No, I'm not. Nevermind, ilya. Don't worry
your pretty little head about it -- just leave
California when you graduate, as you suggested
earlier.
\_ So what ARE you saying? Are you just upset
someone called you a liberal? Next time a
big guy without a deadly weapon breaks into
your house and starts looting (without
actually threatening your life, just sort of
pushing you away), you make sure to tell him
how much you value life above property.
As far as I am concerned, if you are in my
house without my invitation, your life
depends on my good graces, I prefer to live
in places that let me defend myself.
-- ilyas
\_ like Wisconson! Live free or die!
MY cheese! |
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