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Article #8013

Re: Self defense hypothetical

#8013
From: lairdb
Date: Thu, 28 Jan 1993 04:16
50 lines
3102 bytes
In <8473@tekig7.PEN.TEK.COM> erico@squirrel.pen.tek.com (Eric Oosterhof) writes:
[some cites missing]
###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.
##
##     C) Shoot the thugs, leave quickly knowing that the police will be looking
##for enemies of the thugs. There won't be any fingerprints on the brass to even
##make you a suspect.

#	All right, let's think about this.  I'ma walkin' down the street,
#let's say Main Street, USA, and I'm approached by some individuals who
#obviously intend to cause serious harm to me and/or my family.  OK, I
#shoot them and follow scenario C; I leave knowing that there won't be
#any fingerprints.  What's wrong with this scenario?  
#	First, while I'm not a lawyer, I've seen them on TV.  I would
#suspect that this is not a Good Idea, and is probably illegal; you are
#fleeing to avoid prosecution for illegally carrying a concealed
#weapon, at the very least.  
[...]
#	Have we caught a clue yet??  Speaking for myself, and others
#here in rec.guns, we're supposed to be the Good Guys (TM)  That means
#that we try to do things Right, as in moral, as in something we can
#feel good about.  I can't feel good about shooting someone and leaving
#them to die.  I can't feel good about trying to leave no fingerprints
#on my weapon.  While I don't entirely trust the legal system in this
#country, if I have to shoot someone, I will stick around and try to do
#things Right.  
#	It seems to me that the people put into these situations, who
#DO stick around and tell their side of the story, aren't thrown in
#jail for murder.  
#	Maybe effort should be put into avoiding this situation.  Get
#a license to carry.

Yes, but Eric, you're in Oregon, where there is a recognized right to 
self-defense, which has been put to the test in the courts, as well as
a permit to carry system that works (a non-resident provision would help,
but otherwise....)

In the situation I was proposing, just as there was *no* doubt on Our
Protagonist's mind that firing was justified, there is no doubt that
if identified, he *will* be arrested, felony convicted (with all the 
effects that implies for the rest of his life), and imprisoned.  This
is the other end of the scale from civilized states, but not unimaginable.

Again, it's just a hypothetical situation, but I'm curious what y'all
think....

-- 
Laird P. Broadfield     lairdb@crash.cts.com    ...{ucsd, nosc}!crash!lairdb
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From: lairdb@crash.cts.com
Newsgroups: rec.guns
Subject: Re: Self defense hypothetical
Message-ID: <lairdb.728157739@crash.cts.com>
Date: 28 Jan 93 04:16:19 GMT
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