Author Topic: Firing warning shot while defending home from gang memberss, get arrested.  (Read 29953 times)

Ned Hamford

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #100 on: September 09, 2010, 03:20:30 PM »
I think things will be interesting if I ever become a DA.

It seems to me that if someone is pointing a gun at you and you continue to threaten them...

Well, lets say you failed the test spectacularly and a bullet works as well as a gom jabbar.

Improbus a nullo flectitur obsequio.

cassandra and sara's daddy

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #101 on: September 09, 2010, 03:23:10 PM »
what areas still let cops fire a warning shot?  let alone 4?  i think playing the dozens, especially without the no mommas rule, with firearms is risky.  would dearly love to know what happened before the run and get your gun and what role if any cuz played
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I

Seenterman

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #102 on: September 09, 2010, 03:42:48 PM »
I didn't ask if a cop should fire warning shots or if that would be appropriate, what I asked was:

Quote
He would not be able to use lethal force in a situation such as this?

Meaning, do you think it would be an appropriate response if an officer shot one of the 20+ gang members that are currently threatening to murder him.

Please don't try and mince my words into somehow supporting warning shots, I've already stated that was an error on the homeowners part but considering the situation he should be let off with a warning.

kgbsquirrel

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #103 on: September 09, 2010, 05:41:49 PM »

According to the article, the gang members made no move to attack or injure the homeowner or his family.


And this I believe is where you are crossing over from a legal definition to a personal opinion, which is why I asked if your locality had the defined crime of assault, or more appropriate in this case, aggravated assault.

Words alone are generally not sufficient to qualify for such a crime, however in this case you have several other factors that compound to create it. First you have the trespass and the refusing to leave the property, you have the arrival of additional hostiles meaning a greater ability to do harm (please don't bother trying to claim that they couldn't do harm without weapons, people are killed easily enough with fists and feet). There is the clearly shouted intent to kill, and not just the person but also the person's spouse and children. Taken in aggregate that qualifies as aggravated assault and said person would be under "apprehension of imminent harmful or offensive contact." Put more simply, reasonable fear of his life and the lives of his family. At that point Ladies and Gentlemen, it's weapons free. Of course that last sentence is just my personal take on it.

Tallpine

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #104 on: September 09, 2010, 05:49:19 PM »
so do you think a cop could/should shoot then?

Well, "Wyatt Earp" would just stand there and say the first one to take a step forward gets it right through the heart  ;)   :lol:


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5 men refusing to leave your property and then calling in for their buddies when challeged with a rifle goes far pass simple tresspass

I totally agree.


I do disagree with the warning shots, though  >:D
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Jamisjockey

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #105 on: September 09, 2010, 06:00:34 PM »
Tallpine, 25 guys is alot of shoveling....
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roo_ster

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #106 on: September 09, 2010, 06:15:11 PM »
Tallpine, 25 guys is alot of shoveling....

Doesn't he own a tractor with a front-end loader & backhoe?

Regards,

roo_ster

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #107 on: September 09, 2010, 06:35:46 PM »
Tallpine, 25 guys is alot of shoveling....
Move to a place with sinkholes.

RaspberrySurprise

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #108 on: September 09, 2010, 07:39:15 PM »
Does shooting the first guy to come after you count as a warning shot for the rest?
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seeker_two

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #109 on: September 09, 2010, 09:05:37 PM »
Does shooting the first guy to come after you count as a warning shot for the rest?

I'd think so....and I'd shoot five more just to make sure the other 20 understood...
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Tallpine

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #110 on: September 09, 2010, 10:23:23 PM »
Does shooting the first guy to come after you count as a warning shot for the rest?

I like how you think  :cool:
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

Monkeyleg

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #111 on: September 09, 2010, 11:03:18 PM »
Quote
Move to a place with sinkholes.

See my thread on the streets of Milwaukee. ;)

AF_INT1N0

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Re: Firing warning shot while defending home from gang memberss, get arrested.
« Reply #112 on: September 16, 2010, 08:38:06 AM »
I'm just gonna quote myself from THR:
Full stop. That guy dies. His gang may or may not want retribution, but threataning a man and his family while standing on his lawn and backed by a gang of 20? That's a credible threat; start shooting.

I will add that this is one of those situations that shooting members in the back as they scatter is probably also morally OK, given the likelyhood of gangmembers to come back/drive by and spray bullets.  Note I said morally OK, not legal.

I'm intrigued that some folks find a goatherder in A-stan threatening your family to be enough of a threat to send an air wing, but 20 guys on your lawn threatening your family isin't enough threat to break out a rifle.

Yup..
The fact that it's not legal says alot about the degradation of our nation from a constitutional republic to the current mess we're in...
Criminals have more rights than citizens.  had it been the other way around ie. Gang bangers shoot this guy.. they probably would have walked, and NYPD would have "been seeking information" but no arrests.