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  1. #11
    MPfiveengineer
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    Quote Originally Posted by Artyboy
    Had they decided to go to the police and say that someone just flashed a gun at them could they arrest you and what kind of trouble could you be in? What laws would they use to prosecute you?
    Those guys had no intention of voluntarily talking to any cops.

  2. #12
    Artyboy
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    Quote Originally Posted by MPfiveengineer
    Quote Originally Posted by Artyboy
    Had they decided to go to the police and say that someone just flashed a gun at them could they arrest you and what kind of trouble could you be in? What laws would they use to prosecute you?
    Those guys had no intention of voluntarily talking to any cops.
    I'm not saying that they were. What I am saying is what if they DID go to the cops and what if the cops DID catch up to you? I realize there are times when you just know that you're doing what you have to do and the cops don't even need to be involved. I just don't want to make a mistake like that and then find out I could end up in prison over it.

  3. #13
    Grand Master Know It All HunterCO's Avatar
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    Quote Originally Posted by Artyboy
    See that's the thing. There's a differance between what's right and wrong and what is legal.
    The law knows this (most of the time) If you were on the jury how would you vote? That is what you have to ask yourself. [wink]

    I carry my gun in case I need to defend myself. I don't do it to act tough. I sure as HELL don't tell people about it. I just feel like there are times when showing someone that you're armed is enough. Naturally, you can't do it expecting that to be enough. You still have to be ready to use it.
    If your willing to show it then you best be ready to use it.

    Let's take the example above where you're at the car wash in the middle of the night and a couple of goons come along and act suspicious. Those two didn't do anything but we all know that they were probably planning on doing something. Had they decided to go to the police and say that someone just flashed a gun at them could they arrest you and what kind of trouble could you be in? What laws would they use to prosecute you?
    None unless they could prove MP5 was acting in a malicious manner by exposing his gun. The problem is who interprets what he did and how he did it? Depending on who is chosen to determine his actions will determine what charges if any...... you are asking a question that can not be answered. When it comes to law the question you must ask yourself is this.....IF you were on the jury what would you think?????? In that instance " You are the REASONABLE person"

    As a everyday person if I was on the jury and "IF" what he said I felt was fact, I would feel as a REASONABLE person he was justified in what he did.

    Most of the time if a DA feels it was justified they are not going to file charges. They generally only prosecute cases they can win they are lawyers after all. [wink]
    "The people never give up their liberties but under some delusion." (Edmund Burke 1784)

  4. #14
    Machine Gunner BadShot's Avatar
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    I think in the origional comment re: someone breaking into your car in a parking lot, not only do you have the right to flash the weapon, but according to the law - it's too early to search the forums for the part I'm refering to - you have the right to use it. I believe the premis was "Threat to persons and or property".

    We've asserted several times that the car has been defined as an extention of your home, did something change?

    Also keep in mind that in the majority of the state, we have an open carry right.

    Accidental displaying of your weapon - Well folks, it's gonna happen. Outlining under a shirt, raising your arms - thus raising the lower edge of your jacket - to get something off a shelf... yada yada yada, can and will happen.

    All said and told, common sense prevails here. Can you reasonably explain to an officer, judge and or jury, your actions?

    It's always good to discuss the multitude of potential situations we can possibly encounter, keep it up.

  5. #15
    Artyboy
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    Quote Originally Posted by BadShot
    It's always good to discuss the multitude of potential situations we can possibly encounter, keep it up.
    That's mostly what I'm trying to do here. I noticed we don't really have a thread like that. So the general concensus is that as long as you do it because you felt threatened and no one can prove that you were doing it out of spite or whatever then you're good to go?

  6. #16
    Chairman Emeritus (Retired Admin) Marlin's Avatar
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    Not really CCL related, But, related to the thread. When I first moved in here there was a kid across the greenbelt that thought He was the Badazz gangsta punk to end all. There had been "incidents" but nothing could be proved. Well anyway, one day He was out talking smack with gang, just loud enough that I could hear. Pretending that He was going to make a big "score" A couple of days later He was outside by Himself, It was a nice day so, I decided that the Shotgun "needed" cleaning, complete with function check. All the time, eyeballin' Him. Needless to say, I didn't see or hear much from Him after that. I'm pretty sure that He got the "message"

    I heard from the neighbor that lived next door to them a few days later that the kid had pulled a knife on the old Man and had been taken away.
    Sarcasm, Learn it, Know it, Live it....



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  7. #17
    Machine Gunner BadShot's Avatar
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    Quote Originally Posted by Artyboy
    Quote Originally Posted by BadShot
    It's always good to discuss the multitude of potential situations we can possibly encounter, keep it up.
    That's mostly what I'm trying to do here. I noticed we don't really have a thread like that. So the general concensus is that as long as you do it because you felt threatened and no one can prove that you were doing it out of spite or whatever then you're good to go?

    I'm not sure that's what I'm saying at all, but common sense is actually rather uncommon these days. I abide by some simple rules...

    1. Never pull a gun on anyone unless your damn sure your going to use it
    2. Be damn sure you have to use it
    3. Be damn sure it's your word against a corpse

  8. #18
    Grand Master Know It All newracer's Avatar
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    I think there is a big differewnce between "accidentally" letting some one know you are armed like MPfiveengineer did at the car wash and pulling your gun and threatening somebody with it.

  9. #19
    A "Higher Power" Shooter Pistol Packing Preacher's Avatar
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    There are two books that I would recommend to anyone that has [or will have] a CCW. ‘Armed Response’ by David Kenik and an old goody "In the Gravest Extreme - Role of the Firearm in Personal Protection" by Massed F. Ayoob.

    Both books are good info on how to react to different scenarios. I learned a lot from them. Your local public library might have them. I bugged the Elizabeth library so much that they bought “Armed Response” just to get me off their backs!!!

    One thing I learned is that it is one thing to stand your ground and defend yourself and another thing to run after the perp and execute judgment. Their comments!

    I have no monetary interest in either book.
    Pistol Packing Preacher - Have Sermon-Will Travel. [John 3:16; Romans 10:9-10; Titus 3:4-7]
    NRA Basic Pistol Instructor. Utah CCW Instructor.

  10. #20
    Machine Gunner BadShot's Avatar
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    One thing I learned is that it is one thing to stand your ground and defend yourself and another thing to run after the perp and execute judgment. Their comments!

    That would be that common sense thing I was eluding to.. :roll:

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