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Old January 24, 2010, 11:04 PM   #58
Uncle Buck
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Join Date: June 21, 2009
Location: West Central Missouri
Posts: 2,561
Quote:
BUT, if you are attacked on the street by a normal looking guy with no prior criminal record who pretends to have a gun in his pocket and threatens to kill you if you don't hand over your wallet and you shoot him with no witnesses present, that's a different story. When the police arrive on the scene, you are standing there with a gun that you just used to shoot an unarmed man. That is not going to be a clearcut case. It could very well come down to whether the jury likes you and believes you. If the prosecutor tells the jury that you don't have any regard for the safety of others as demonstrated by the removal/alteration of standard safety features of your firearm and brings in the local police armorer who testifies that the department doesn't allow such modifications for safety reasons, do you really think that won't make any difference at all to the jury?
Thanks John. I have trouble figuring out all the who's, why's, where's, and even quite a few when's. You cleared up a lot of it and it explained some of the other posts. Fiddletown explained a lot and it helps me to understand different aspects of this conversation.

I was wondering what about the guy who is minding his own business in his home when attack and the only thing he has to defend himself with is a gun he uses to target shoot. That gun has been heavily modified, but he is in his own home and he was attacked. Your explanation makes the other explanations clearer.

What about a guy like me, who is disabled and has trouble getting around. I am not capable of, nor wish to, take some of the beatings I took as a youngster . If I am working in one of my barns or fields and someone threatens me, and I honestly believe that my life is in serious risk of bodily harm or even death, what can I do. Do I have to worry about literally losing the farm? Probably not, because I would have met some of, if not all of, the elements needed for self defense.

Now Joe Billy Jim Bob has a gun with all the latest video game add-ons and he goes out looking for trouble, with a big sign on his back that says "I have $1K in my pocket". Well, he probably is going to have trouble claiming self defense.

The biggest unknown factor in all this, of course, will be a jury. The Human factor is not completely predictable and therefore should not be taken lightly.

Although I have learned a lot reading these forums, I still continue find this information very, very educational. I just hope and pray that I am never put into a situation where I have to find out what the local prosecutor thinks of guns.
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