Re: Student Attacked at School With Stun Gun


"RD (The Sandman)" <rdsandman(spamlock)@comcast.net> wrote in message
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"Herb Martin" <news@xxxxxxxxxxxxxx> wrote in
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"RD (The Sandman)" <rdsandman(spamlock)@comcast.net> wrote in message
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"Herb Martin" <news@xxxxxxxxxxxxxx> wrote in
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"RD (The Sandman)" <rdsandman(spamlock)@comcast.net> wrote in
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Many moons ago I was acosted by a kid with a gun. He was glassy
eyed and quite out of it. He stole my car and ran it off the road
about a half mile away and as luck would have it there was a cop
parked nearby monitoring traffic speed. He busted the kid and we
went to court and it seems he had a history and the gun was
stolen. They put him away for 14 yrs. I think about that often.
He was not very attentive and kept looking around to see if anyone
else was about. I think now if I had a gun on meat the time, I
would have killed him.

Why? Did he physically threaten you with the gun or just show it?
Did he threaten to kill you or just ask for your keys (albeit in a
strange way)? Using a gun against another (actually, any type of
deadly force) is only legal when you (as a reasonable person) or an
innocent third party are in fear of *immediate* loss of life or
serious bodily harm.

First, that isn't strictly true in many states --

I mentioned it because the "reasonable man" is legal in all 50 states
that I am aware of. Yes, some like Texas add some other reasons for
deadly force. Arizona does also like to prevent rape, child
molestation, sexual molestation, some burglaries and arson of an
occupied dwelling. Not all states recognize the same "other" reasons,
but, AKAIK all recognize "reasonable man" even California.

Is there any state that would not allow shooting to prevent a
violent rape?

Don't know......maybe Massachussetts. ;)

There are a few that will QUESTION shooting a burglar who
enters your occupied residence, but Castle Doctrine's pass
easily in most states simply because a) most people presume
this is already legal and b) juries like to acquit most places if
the prosecutor is crazy enough to file on a home owner who
was merely stopping a burglar.

Although Castle Doctrine is not about burglary. It is about the
requirement (states or unstated) to retreat. It also expands the
"castle" to include your car.

The point was that there becomes a presumption that robbery
or invasion of the 'castle' while you are present constitutes serious
threat of bodily harm or death -- whether that is physically true or
not.

Anyone willing to invade an occupied home, steal an occupied
car, or rob a business while you are present is pretty much
presumed to be DANGEROUS.

Still got to love: "Prevent mischief during the night."



.

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