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Article #7890

Re: Self defense hypothetical

#7890
From: Greg Booth
Date: Wed, 27 Jan 1993 03:38
45 lines
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In <lairdb.727989452@crash.cts.com> lairdb@crash.cts.com writes:

#In <9301221617.AA24455@sweetpea.jsc.nasa.gov> weed@sweetpea.jsc.nasa.gov (daniel weed 283-4162) writes:


#I would have to guess that the originator might mean a situation where
#perhaps the act *was* self defense, but the being-armed was unlawful.
#Suppose Our Protagonist is in D.C., and has chosen with full knowlege
#of the law to own and carry a firearm (both unlawful in D.C.)  He is
#attacked by a PCP crazed, strung-out, 6 foot 8 bodybuilder wielding
#a blood spattered machete screaming "You're next!  Ah ha ha ha ha!" 
#(let there be no ambiguity in our example.)  Our Protagonist draws,
#says appropriate things, and finally fires.  It takes two A-zone hits
#to stop the assailant.  It's dark, no one is about (except Our
#Protagonist and Mr. Leaking-on-the-ground.)  Now what?

Stay put, "Flight equals guilt", immediately call for help (ambulance
and police)  "doing nothing equals guilt", do not tamper with evidence,
"lying equals guilt", and don't be an ass "macho posturing equals guilt".

While the above in quotes is not true, it is how things will be
viewed by the police, the media, citizens, and a jury.
Massad Ayoob has an article on this in a recent G&A special
edition. He reviews 4 cases where in his opinion, an innocent
man has gone to jail.

#(As I wrote this, I got more and more curious about what people's
#opinions are on this and similar: imagine any typical example situation
#in which O.P. fires (returns fire?) such as a mugging, carjacking,
#etc.  Is there a point or situation in which O.P. chooses to collect
#his brass and vanish?)

I would say no, but... depends on how bad the local authorities are.
Things would have to be real bad to warrant this.

Although I have heard that here in the B.C. lower mainland, some cops
illegally carry off duty, and some private investigators carry as well.
And that the plan is to vanish and dump the gun if they need to use it.
This is, of course, rumour, and I have no facts to back this up.

-- 
Greg Booth BSc                    |     /_____________________________
BCAA-PCDHF-BCWF-NFA-NRA-IPSC-BCFSS|@====|_____________________________>
Motorola Mobile Data Division     |     \
booth@mdd.comm.mot.com (I don't speak for Motorola)
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From: booth@mdd.comm.mot.com (Greg Booth)
Newsgroups: rec.guns
Subject: Re: Self defense hypothetical
Message-ID: <9301261912.AA21959@mmddvan.mdd.comm.mot.com>
Date: 27 Jan 93 03:38:32 GMT
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