Australian New Start

[Brit]

After another wet and cold day in Liverpool England, I told myself, enough is enough! Applied to emigrate to Australia.
House sold, the new car sold.

Paid my subsided fee of 40 Pounds. 1965, Susan was 5 years of age, Michael at
2, a baby. The last day in the UK was spent at the Mother in Laws, my first wife statement that last morning. "What if I said I don't want to go?" "Goodbye, I have the passports and tickets," said I. Changing engines in Liverpool, all the vehicles owned by my last job in Liverpool "Telefusion" Complete with the staff standing on the roofs, waving. For the last 5 years my part-time job, as a Bouncer in Night clubs in Liverpool a seaport. Had me into lots of fistfights. 1960 till 64 at the Cavern of Beatles Fame. Had to promise the Wife, to stop fighting! Got myself stabbed twice at the Cavern.

I have many Gun Blogs here! Thought I would flesh out who I am with this post.

Train to London changed trains for Portsmouth. Ship to Sydney NEW SOUTH WALES a Greek Liner, the SS Oriana. Five Weeks of a voyage.
Remember (No fights!) No seat for me, Wife had a seat, Baby on the knee, Susan squished in next to her. Just so happened the young man sitting next to Susan, had a friend sitting next to me, I was standing in the passage.
Holding the Baby Carriage (Not aluminium then, steel, small folded, but heavy) As Irene and I talked, back and forth these two started skitting our accents. They were from London. Warned the one closest to me, in Liverpool style. "Watch your mouth Jack" He started to mimic my last words!
I swung the baby cartridge as far as it would go to the side, and into his knee!

He screamed out and clasped his knee. I asked his buddy "You want some?"
No answer was an answer. No one nearby spoke at all for a few minutes.

I was 30 YOA then, 85 now. Later.

 

[Pistoler0]

I enjoy your stories, Brit.

As a younger man back in Europe I was a competitive fighter and needles to say I got into a few fights outside of the ring too.

But that stopped upon arriving to the USofA some 30+ years ago. The saying “God created men, Col. Colt made them equal” rings true on this shores, and very quickly I realized that getting into fights here is way more costly (in every regard) than in most other places.

An armed society is a polite society no?


Oh, by the way, what is a "baby cartridge"? I didn't understand that part of the story.

 

[Brit]

Pistoler0.

Baby Carriage is what I meant. And I agree with you, not a good place in this US of A, to get into a violent fistfight. Back when I was 69, at a yearly seminar of IALEFI. My wife and I started out from our Hotel, heading out for a local Restaurant.

We both stepped into the elevator, on the ground floor, she chooses the button corner, I stepped back. Just as the door started to close, a young chap in a nice suite stepped in, cocktail drink in hand. Complete with a wee paper umbrella.

As he noticed my very lovely wife in the button part of the elevator, he stated "I need a hug!" And lifted his left foot to I presumed, go for his hug.

As I was born in a Pub I had seen the horrors of clashes with faces, glasses and bottles! I stepped under his left armpit and hoisted him into the hard wooden back of the elevator. As he could not put his left foot to the floor, his meeting with that hard surface, was really hard! He did not spill his drink though. We stopped on floor two, we left him behind.

As I was teaching a class the next day I had named "The Punch Draw" on an outdoor Range, I singled out two local LEOs, separately to ask their opinions?

Both answered the same. As he had not done anything at that time, yet! I could have been charged with a felony. What do you think?

 

[shurshot]

What do I think? I think that man will think twice before asking anyone for a hug in the future!

 

[Pistoler0]

What do I think? I think that man will think twice before asking anyone for a hug in the future!

Yeah, Brit, you and the millenial generation sure wouldn't mix, they love their hugs!

But yeah, you would have been charged with assault, or with battery if he could have claimed some sort of " bodily harm". Very often just bodily contact is sufficient for battery. A threat is sufficient for assault.

Both are misdemeanors in most jurisdictions.

In addition, if convicted, in many jurisdictions (Illinois i.e.) you would have been prevented from owning a firearm afterwards, at least for some time. So your tiff in the elevator could have left you defenseless from more serious altercations.

And if by claiming some serious bodily harm, the drunk had brought successful aggravated assault charges (felony) you would have been prevented for life by federal law from owning a firearm in the US (18 U.S.C. § 922).

 

[Aguila Blanca]

Both answered the same. As he had not done anything at that time, yet! I could have been charged with a felony. What do you think?

As the drunk had not yet touched your wife, you committed felony assault.

If he had touched her without her consent, then HE would have committed assault, and you would have been legally justified in defending her.

 

[shurshot]

"As the drunk had not yet touched your wife, you committed felony assault."(AB)

I disagree. I highly doubt any Prosecutor would bring charges against a late 60's age husband physically restraining an inebriated, much younger man who made a sudden and unwanted move towards his wife in an elevator. No place for the wife to retreat to, was Brit supposed to wait until AFTER the drunk made contact with his wife, possibly injuring or molesting her? Was the wife in fear? Was Brit afraid for his wife? Was the restraint a reasonable use of force? Would a reasonable man stop another from grabbing his wife in an elevator? Of course! Did it result in a serious injury? ANY injury? No. Not from what I read. The drink wasn't even spilled.

I'm not seeing probable cause for a misdemeanor charge, much less a Felony. Brit was 100% justified in my opinion.

If an Officer had charged Brit, the DA's Office would likely dismiss it without prejudice prior to Court.

 

[JohnKSa]

1. This thread is not really on topic for TFL as it isn't firearms related.

2. Since verbal provocation alone is almost never sufficient legal justification for striking a person (I think it would be quite safe to say "never" but I'm trying to be super-conservative since I don't know the laws everywhere), it also describes activity that is almost certainly illegal.

So...