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MULLDE102f
Joined: 15 Jun 1997 Posts: 131
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Posted: Mon Feb 04, 2013 8:34 pm Post subject: |
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isobars wrote: | I'll never forget the following CA incident. When a citizen's front door was kicked in, he grabbed his grandchild and retreated to his bedroom. When his locked bedroom door was kicked in by the gun-armed intruder, the homeowner attacked the gunman with his bare hands to defend his grandchild. In the ensuing fight the gunman was killed by his own gun. The homeowner went to prison because he didn't dive out his bedroom window and abandon his house and grandchild to the drunken would-be killer. |
Let's see the citation on that, Mike. Sounds like BS to me. |
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wynsurfer
Joined: 24 Aug 2007 Posts: 940
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Posted: Mon Feb 04, 2013 9:04 pm Post subject: |
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Isobars, My response to your venemous attack on my quotation:
" He who lives by the sword dies by the sword."
These words were uttered by Jesus, someone who set a perfect example of how we all should live.
Plenty of people spit on him as well.
mac, I echo your sentiments as well |
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coboardhead
Joined: 26 Oct 2009 Posts: 4303
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Posted: Mon Feb 04, 2013 10:04 pm Post subject: |
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Colorado has a law we call "make my day law" that allows a homeowner to use deadly force (within his home) if they feel threatened. The law is much as Isobars has described it.
Johnl, here is a link if you are interested....
http://www.moffatcountysheriff.com/CoStatutes.pdf
That said, the burden of proof is on the homeowner. So, it is still likely, in some jurisdictions in Colorado, a homeowner could still be arrested, and maybe held, until the determination of the threat was proven.
Out of the house, shooting at semi trailers, rednecks in truck etc etc etc etc etc is a different story. |
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MalibuGuru
Joined: 11 Nov 1993 Posts: 9300
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Posted: Mon Feb 04, 2013 10:12 pm Post subject: |
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windoggie wrote: | isobars wrote: |
'Nuther, equally incredible, example was that Chippie who told me I couldn't park on a gravel turnout 30 feet off a local road to eat a GD sandwich because there was no sign authorizing me to park on a gravel turnout 30 feet off a local road to eat a GD sandwich.
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So, you've had TWO sandwich encounters with authorities.
http://www.iwindsurf.com/forums/viewtopic.php?t=20412&postdays=0&postorder=asc&start=0 |
This reminds me of the movie "Falling Down". I mean, I'm pretty pissed about all the little idiotic rules and regs. They could indict a ham sandwich. However, you might have offered the CHP half of your sandwich instead of looking pissed. Hell, I once fell out of my car drunk, and asked the female CHP officer for her number. (not her badge #) and she gave me a ticket for no front license plate. I told her I loved her. She still wouldn't give me her #... |
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coboardhead
Joined: 26 Oct 2009 Posts: 4303
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Posted: Mon Feb 04, 2013 10:25 pm Post subject: |
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SB...I once was pulled over by a highway patrol for speeding. She walked up to the car and stated she clocked me at 67 in a 55. I said "god bless you" (I was going at least 90) She laughed and asked me why I was driving so fast. I told her my other car was a jeep and I couldn't help myself in my BMW. Turns out she raced bimmer bikes and let me off with a warning. |
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johnl
Joined: 05 Jun 1994 Posts: 1330 Location: Hood River OR
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Posted: Mon Feb 04, 2013 11:15 pm Post subject: |
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coboardhead wrote: | Colorado has a law we call "make my day law" that allows a homeowner to use deadly force (within his home) if they feel threatened. The law is much as Isobars has described it.
Johnl, here is a link if you are interested....
http://www.moffatcountysheriff.com/CoStatutes.pdf
That said, the burden of proof is on the homeowner. So, it is still likely, in some jurisdictions in Colorado, a homeowner could still be arrested, and maybe held, until the determination of the threat was proven.
Out of the house, shooting at semi trailers, rednecks in truck etc etc etc etc etc is a different story. |
Thanks for the Link. Interesting. It is not quite as clear cut as Iso thinks it is, but on the other hand, more liberal than I would have expected. There are still some things that have to be articulated by a "reasonable person" (all law statues use this), and I would also be curious how much it has been restricted by case law on it. Referring mostly to 18-1-704.5 2 "..and when the occupant reasonably believes that such other person might use any physical force.....". I see a loophole here that has probably been further refined by case law. On the other hand, it is possible there isn't any case law on it because all the scumbags know about it and because of it don't go around breaking into homes so it hasn't been tested in court. I'd be curious on the stats such as before and after the law.
However I am also willing to bet than in the future (10, 20 years or something) this will be modified to be more restrictive. Other states started off with liberal laws and then got more and more restrictive as it was used. Heck once upon a time in California a police officer could shoot a felon who was running away in the back. That has changed....
But I really like that they called it "Make my Day"...... |
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coboardhead
Joined: 26 Oct 2009 Posts: 4303
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Posted: Mon Feb 04, 2013 11:46 pm Post subject: |
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johnl wrote: | coboardhead wrote: | Colorado has a law we call "make my day law" that allows a homeowner to use deadly force (within his home) if they feel threatened. The law is much as Isobars has described it.
Johnl, here is a link if you are interested....
http://www.moffatcountysheriff.com/CoStatutes.pdf
That said, the burden of proof is on the homeowner. So, it is still likely, in some jurisdictions in Colorado, a homeowner could still be arrested, and maybe held, until the determination of the threat was proven.
Out of the house, shooting at semi trailers, rednecks in truck etc etc etc etc etc is a different story. |
Thanks for the Link. Interesting. It is not quite as clear cut as Iso thinks it is, but on the other hand, more liberal than I would have expected. There are still some things that have to be articulated by a "reasonable person" (all law statues use this), and I would also be curious how much it has been restricted by case law on it. Referring mostly to 18-1-704.5 2 "..and when the occupant reasonably believes that such other person might use any physical force.....". I see a loophole here that has probably been further refined by case law. On the other hand, it is possible there isn't any case law on it because all the scumbags know about it and because of it don't go around breaking into homes so it hasn't been tested in court. I'd be curious on the stats such as before and after the law.
However I am also willing to bet than in the future (10, 20 years or something) this will be modified to be more restrictive. Other states started off with liberal laws and then got more and more restrictive as it was used. Heck once upon a time in California a police officer could shoot a felon who was running away in the back. That has changed....
But I really like that they called it "Make my Day"...... |
Hard to say if the law is a deterrent since violent crimes are dropping in the state anyway. But, my understanding is that the law has been used successfully in most instances. Only a handful of cases have tested the law. I do not believe it will go away. In fact, last year a bill was introduced to expand the law to businesses. It did not pass. However, there was significant support.
Isobars does have an important point. Other states are not, necessarily, following Calif. lead. |
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MalibuGuru
Joined: 11 Nov 1993 Posts: 9300
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Posted: Mon Feb 04, 2013 11:55 pm Post subject: |
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A little honey works almost every time CB! |
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mac
Joined: 07 Mar 1999 Posts: 17748 Location: Berkeley, California
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Posted: Tue Feb 05, 2013 11:38 am Post subject: |
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Here's why Obama will win the gun control debate. The troglodytes are stomping the earth. From James Temple's column about their hate-filled attacks on Clara Jeffrey:
Quote: | But for every act of citizen journalism on Twitter helping to foment revolution in repressive regimes or assist people in a tragedy, there are also dark and depressing examples of how human nature can play out in 140 characters.
Such was the case this weekend in the Twitter feed of Clara Jeffery, co-editor of Mother Jones magazine.
On Saturday, former Navy SEAL Chris Kyle, described as "the most lethal sniper in American military history," was shot and killed at a Texas gun range, reportedly by a former Marine suffering from post-traumatic stress disorder.
Jeffery tweeted: "So much for good/talented guy with a gun being able to stop mentally ill guy with a gun."
Read more: http://www.sfgate.com/technology/dotcommentary/article/Twitter-s-scary-side-gun-control-fight-4250682.php#ixzz2K2k5Z98z |
Misogyny and calls by the religious right for killing those that they disagree with may raise funds--but it doesn't raise friends and allies. Keep it up gun nuts, you are your own worst enemy. |
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boggsman1
Joined: 24 Jun 2002 Posts: 9120 Location: at a computer
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Posted: Tue Feb 05, 2013 12:38 pm Post subject: |
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When liberals make comments that spark outrage, they result in death threats. When Ann Coulter and Rush Limbaugh do it, they make money from it. |
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