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Anyone else out there think the US has some of the stupidest "self defense" precedents on the books?

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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:06 PM
Original message
Anyone else out there think the US has some of the stupidest "self defense" precedents on the books?
You can shoot anyone in your house for any reason, pretty much, or on your "PROPERTAY" and claim self defense.

Pretty much no one gets questioned on that. NO one.

I have no problems with the availability of weapons, but in Europe you have to PROVE self defense, and self defense is only when you are in immidiate threat of harm.

So that guy rifling through your jewelry when you come home, you can chase him out, you can call the cops, but you can't shoot him square in the back. Sounds fair.

Yet here, you can shoot him in the knees, then keep shooting until he passes out from pain. Then you can keep shooting him and let out a guffaw and a "Yee Haw!" and get off scott free
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Bicoastal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:08 PM
Response to Original message
1. Uh-oh. Guess where YOU'RE going!
On a non-stop trip to the DU Gungeon!

Ever been there? Write back in a few and tell us how you're doing...
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:09 PM
Response to Reply #1
2. If I change the weapon in question to baseball bats will that save me?
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Bicoastal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:13 PM
Response to Reply #2
5. Alls I know is I haven't posted a gun-related thread since the VT massacre...
...and I aims to keep it that way.

:hide:
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quinnox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:10 PM
Response to Original message
3. I see where you are coming from but its our culture and history
that cowboy thing still has a heavy influence on us and so that is why you can kill someone just for trespassing and being suspicious around your house. I'm not saying its the right thing, but its kind of where we came from with the guns and cowboy history we had. So its understandable I guess is what I'm sayin'
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:12 PM
Response to Reply #3
4. Yeah but if we can teach (most) Germans to stop being Nazis...
Can't we teach our Wanna Be Billy the Kids to stand upright and stop dragging their knuckles?
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quinnox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:13 PM
Response to Reply #4
6. lol, you would think so
Edited on Fri Mar-19-10 02:14 PM by quinnox
it might take a long time but I guess it could be done one day, heh.
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HillbillyBob Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:18 PM
Response to Reply #3
12. You mean the 'cowboy myth'
The west was not wild until the white folks ....and it was not as 'wild' as the serials and movies made it out to be.

Our 'history' is more hysterical than factual when it comes to that.

Locally if someone breaks into the house and they are shot, you don't keep shooting. You warn them and then shoot them but only to wound then call the sheriff. We are literally out in the sticks and call times run up to an hour.
The sheriff told partner "I don't want to get there and find that you shot the sob once he is on the ground..then you get charged".

We did run of some shooters/poachers who were shooting around our house, some of the shots going over our house. Put shots over their heads, not directly at them.
We are in the middle of our property with no hunting/trespass signs around the lines.
They were molesting nesting wild turkey out of season(Big NoNo here) that were nesting near our sheds.
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quinnox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:21 PM
Response to Reply #12
14. interesting comments
I reckon you be right, pardner. hehe
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:25 PM
Response to Reply #12
15. But think about how many punks want to play Dirty Harry out there...
Oh boy I got someone on my land!

Let's shoot em!
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DrDan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:15 PM
Response to Original message
7. it bothers me that small children can get their hands on loaded guns
and injure or kill themselves or others and no one is held accountable - all in the name of "self defense".
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:15 PM
Response to Reply #7
8. The hope is that gun owners lock up their guns
And most do...

But its the ones that don't that make the papers...
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anonymous171 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:16 PM
Response to Original message
9. Here in WA state you can do that to anyone who threatens you no matter where you are.
Edited on Fri Mar-19-10 02:17 PM by anonymous171
http://en.wikipedia.org/wiki/Castle_Doctrine_in_the_United_States#Washington

Yet another reason why Washington is the best state on the west coast. :hide:
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:18 PM
Response to Reply #9
11. Here's my beef: it says you can shoot to stop someone from "commit(ting) a felony"
"My Husband was going to steal my car so I shot him"


"I caught my son selling pot so I shot him"
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FarCenter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:16 PM
Response to Original message
10. The law regarding self defense varies by state
You would do well to consult your lawyer before leaping to conclusions.
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:19 PM
Response to Reply #10
13. The laws differ, but in many cases the precedent is followed
And the precedent seems to shine favorably on the shooters
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FarCenter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 02:45 PM
Response to Reply #13
16. It is fairly complicated.
Generally you are limited to the use of reasonable force when you are legitimately in fear of harm.

See http://www.shouselaw.com/self-defense.html for a summary of California law.

Self defense is defined in statutory law of the various states. There is no general "precedent".
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