carrying

[Jonathan Chenault]

hello i have a hypothetical question. if a person under age for owning a hand gun was walking down the street in his neighborhood and some thug came up to him and tied to mug him and this boy pulled a handgun on this thug and was forced to shoot him, would the boy be in trouble for carrying withouth a ccp and for having a handgun underage or would the charges be dropped on account of it being self defense?


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I can do all things through Christ which strengtheneth me
Phil 4:13

 

[Robert the41MagFan]

In most situations, that person will be charged with a illegal possession of a firearm for starters. If the thug dies, then the added charge of murder or at least murder in the second will be added. If he lives, it will be attempted murder. Depending on the situation, if the defensive situation was premeditated, that person knew that they were going to be victumized, I am sure that any district attorney will have tons of other charges to tag to the original charge. It is not a good situation to be in.


Robert

[This message has been edited by Robert the41MagFan (edited January 06, 2000).]

 

[Bob Locke]

It's amazing. Now we are saying that kids do not have the right to be secure in their person.

If MY kid(s) did what was described in the first post, then I would move out of the country before I allowed them to go to jail for defending themself. Not a chance.

 

[Tackleberry]

Like most hypothetical questions .... apples are being compared to oranges.

This "youth" as we call them up here, is a criminal.
1/ illegal possession of a handgun - min. age 19yrs. -must have firearms possession licence(Canadian terms, a restricted firearm)
2/ carrying a restricted firearm without proper permit (Restricted Firearms are restricted Where you use them & How you get them there.) There maybe as may as ten private citizens in this country that can carry concealed (private, as in, not under any type of profession) You must prove that their life & safety is in danger that the police are unable to provide protection.
3/ carrying a concealed weapon ( explained above)

Now!.... Here in my lovely country, the registered owner of said firearm would probably be charged, related to Safe Storage.

Now we come to the actual shooting. The "victim" must have a "reasonable" (as a normal cautious prudent person)belief that "serious bodily harm or dead may occur" in order to justify the use of deadly force.
For one to defend oneself, one can only match the level of force presented to justify "defence". Anything beyond that is deemed excessive force and you become the aggressor, thus openning you up to criminal charges.

A firearm by its nature is viewed as lethal force.
1/ Fire one at somebody and miss... used lethal force
2/ Fired and nicked a finger... used lethal force
3/ Fired and blew heart out of back... used lethal force

Start to see the trend??

However, blow a knee cap out, or hand or elbow and admit this as you intended target to "wound". Face lawsuit and pay the scrout big bucks for the rest of you life.

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Be Safe, Be Trained

Life is tough...it's alot tougher if you don't know how to shoot.

[This message has been edited by Tackleberry (edited January 06, 2000).]

 

[AnthonyR]

So, if i was forced to defend myself wiht a pistol i would be *****e*? This is rather silly, non? I occasionally carry a .25 with a full magazine in a seperate pocket around my neighborhood at night. I live in a small country subdivision with a friendly LEO down the street. He knows that I frequent the woods around the subdivision while carrying air rifles and he couldn't care less. There are no houses on the other side of the subdivision yet so people park down there and do stuff... Sometimes I like to take walks at night without having to worry about what is going to happen to me. I reckon it would depend on what cops appeared on the scene first whether I get into trouble or not... This is very silly. Like freedom-control, we shouldn't have to discuss this.

[This message has been edited by AnthonyR (edited January 08, 2000).]

 

[Grayfox]

Anthony,
As a juvenile your rights are somewhere in a gray area between far too many and none at all. Example: parents, teachers and other authority figures in your life aren't allowed to disipline you when you mess up without fear of criminal charges or lawsuits. The result is far too many kids growing up with no sense of moral values.
On the other hand, as a juvenile, you are not permitted to take responsibility for your own saftey and if you do, you are subject to arrest.
Just like the regular justice system, juvenile justice system is in serious need of an overhaul.

 

[AnthonyR]

I reckon I'll survive and see what happens afterward, if ever anything does happen. If I have to, I'll live in the Appalachians.

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"Those that give up essential liberties for a little temporary safety deserve neither liberty nor safety."
Don't piss down my back and tell me it's raining.

 

[denfoote]

For all practical purposes, the kid is in a HELL of a lot of trouble!!
The good news is that he is alive to BE in a lot of trouble

[This message has been edited by denfoote (edited January 09, 2000).]

[This message has been edited by denfoote (edited January 09, 2000).]