The Firing Line Forums

Go Back   The Firing Line Forums > Hogan's Alley > Tactics and Training

Reply
 
Thread Tools
Old July 30, 2010, 03:25 PM   #26
Brian Pfleuger
Staff
 
Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,791
Quote:
Originally Posted by Vanya
Suppose he hadn't (allegedly) administered a coup de grâce, in which case it would have been a justifiable self-defense shooting. Would it still be right to charge him with the weapons violation because he used the mugger's gun to defend himself?

I think that there is a section of law which negates the potential possession charge in a lawful instance of self defense. I've seen it referenced before in NY when a woman who did not have a pistol permit used a handgun in SD.

In this case, theoretically, he would only be charged for illegal possession for the final, illegal shot and not for the others. Technicality, yes.
__________________
Still happily answering to the call-sign Peetza.
---
The problem, as you so eloquently put it, is choice.
-The Architect
-----
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.
Brian Pfleuger is offline  
Old July 30, 2010, 04:01 PM   #27
markj
Senior Member
 
Join Date: October 27, 2005
Location: Crescent Iowa
Posts: 2,969
Quote:
Suppose he hadn't (allegedly) administered a coup de grâce, in which case it would have been a justifiable self-defense shooting. Would it still be right to charge him with the weapons violation because he used the mugger's gun to defend himself?
I think no charges would have been brought up on him as up until the shot to the back of the head was SD, only after he committed the criminal act would the weapons charge stick.

Convicted felon? Now I do know a lot about this type of person, I sat at a table years ago and watched 2 guys type up a hundred or so birth certs using dead peoples ss numbers. Both had large revolvers in their boots and drugs on the table. Both eventually went back to prison.

Prison folks cant be trusted, not one bit. I have seen a few in my time.
markj is offline  
Old July 30, 2010, 04:02 PM   #28
Vanya
Staff
 
Join Date: July 7, 2008
Location: Upper midwest
Posts: 4,029
Quote:
Originally Posted by peetzakilla
I think that there is a section of law which negates the potential possession charge in a lawful instance of self defense. I've seen it referenced before in NY when a woman who did not have a pistol permit used a handgun in SD.
Huh. Interesting. State or federal, I wonder? If the former, would it apply to felons, who are prohibited persons under Federal law, or just to those who are prohibited under state law?

Perhaps NavyLT will step in and enlighten us.

Quote:
Originally Posted by markj
I think no charges would have been brought up on him as up until the shot to the back of the head was SD, only after he committed the criminal act would the weapons charge stick.
But a charge of "possession" relates to, well, possession, does it not? To having the gun as opposed to using it... the fact that he fired it at all should be irrelevant, except insofar as a specific law makes an exception for self-defense.
__________________
"Once the writer in every individual comes to life (and that time is not far off), we are in for an age of universal deafness and lack of understanding."
(Milan Kundera, Book of Laughter and Forgetting, 1980)

Last edited by Vanya; July 30, 2010 at 04:07 PM.
Vanya is offline  
Old July 30, 2010, 04:05 PM   #29
Glenn E. Meyer
Staff
 
Join Date: November 17, 2000
Posts: 15,843
Not knowning anything about the legality - but absolutism would be silly. Someone comes at you with a gun and you disarm him. Then for that moment in time you are breaking the law?

I wonder if they threw it in just as something to maintain control of the charges - meaning tying the guy up in court.

Also, Jan Libourel from Handguns once told me that many of the self-defense stories we see are just BG vs BG.
__________________
NRA, TSRA, IDPA, NTI, Polite Soc.
http://www.teddytactical.com/archive...05_Feature.htm
Being an Academic Shooter
http://www.teddytactical.com/archive...11_Feature.htm
Being an Active Shooter
Glenn E. Meyer is offline  
Old July 30, 2010, 04:13 PM   #30
Vanya
Staff
 
Join Date: July 7, 2008
Location: Upper midwest
Posts: 4,029
Quote:
Originally Posted by Glenn E. Meyer
Not knowning anything about the legality - but absolutism would be silly. Someone comes at you with a gun and you disarm him. Then for that moment in time you are breaking the law?
Yes, exactly. It would seem a bit... petty.

Quote:
I wonder if they threw it in just as something to maintain control of the charges - meaning tying the guy up in court.
One of the articles I quoted (I hope at not too great length ) did mention that Mr. Peterson had been charged with various other (unspecified) parole violations, in addition to the weapons charge. So, yes, they clearly do want to hang on to him...
__________________
"Once the writer in every individual comes to life (and that time is not far off), we are in for an age of universal deafness and lack of understanding."
(Milan Kundera, Book of Laughter and Forgetting, 1980)
Vanya is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 10:17 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.07425 seconds with 9 queries