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Old October 16, 2011, 01:51 PM   #26
brickeyee
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most places with laws banning discharge are not stupid enough to try and charge anyone firing in self defense.


it is called Prosecutorial Discretion .
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Old October 16, 2011, 04:33 PM   #27
Nnobby45
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Quote:
it is called Prosecutorial Discretion .
Discretion? I don't think so.

Virtually every State, without exception, gives citizens the right to defend themselves when certain conditions are met. What State eliminates that right where firearms discharge is NORMALLY against the law? Self defense law trumps firearm discharge statues, I believe.

In States without such pre-emptions by the state, what city jurisdiction ever charged an individual with a misdomeanor when preventing a felony assault on oneself when the shooting met deadly force requirements?



Not a lawyer, but I don't believe cities can make laws governing the use of deadly force, and I don't believe they can take the right away. Of course, some cities restrict the ownership of firearms and can prosecute self defense shootings on the basis of unlawful possession. Even Bernie Goetz had a right to defend himself, but not the right to possess a gun. Don't think illegal discharge entered into it.

Last edited by Nnobby45; October 16, 2011 at 04:44 PM.
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Old October 16, 2011, 08:57 PM   #28
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In reading the revised ordinance 2008-3087, I see no exception for defense or self-defense.
I don't see where anyone in MH has been procecuted for a self defense shooting.

+1 Nnobby45 The City of Maryland Heights Municipal Code follows Missouri State law in matters such as self defense, felonies, etc. The 2007 and 2008 ordnances do not pertain to self defense at all.
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Old October 16, 2011, 09:00 PM   #29
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Originally Posted by Nnobby45
Discretion? I don't think so.
Prosecutorial discretion merely refers to the local prosecutor to bring charges, or not, and what kind. I think what brickeye is getting at is that the local prosecutor is very unlikely to try to bring "unlawful discharge" charge when either: (a) it looks like it was a good SD shoot; or (b) the defendant/shooter is busy fighting some sort of homicide charge.
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Old October 17, 2011, 12:26 PM   #30
brickeyee
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Virtually every State, without exception, gives citizens the right to defend themselves when certain conditions are met.
Better review that data base.

Virginia has NO law governing the use of lethal force outside of case (common) law.

There is NO statute law.

Not a one. Even for the police.
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Old October 17, 2011, 05:58 PM   #31
Nnobby45
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Better review that data base.

Virginia has NO law governing the use of lethal force outside of case (common) law.

There is NO statute law.

Not a one. Even for the police.
I'm not going to look up Virginia's statues, but I'm sure some statues have to address what constitutes the use of justified lethal force even if state statues don't specifically grant the right.

There are millions of laws that are silent on various practices. Being allowed to do something because it's not illegal has the same basic effect as a law specifically making it legal. More complex legal arguments on the subject are another matter.

Not interested in arguing about whether use of deadly force is legal in Virginia or just not illegal.
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Old October 18, 2011, 07:35 AM   #32
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Yeah, if Virgninia didn't allow for the use of guns in self defense in Virginia, I doubt the NRA would be based there.
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Old October 18, 2011, 10:42 AM   #33
brickeyee
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I'm not going to look up Virginia's statues, but I'm sure some statues have to address what constitutes the use of justified lethal force even if state statues don't specifically grant the right.
Virginia has NO statute laws governing the use of lethal force.

Not a single one.

Never has, and likely never will.

When a 'castle' bill was introduced it was quickly killed since it would throw into doubt the existing case (common) law that we rely on.

The only thing we are missing is a prohibition on civil suits in an otherwise 'good' shoot.

None have been brought however.

Any attorney that tried would probably never be able to practice in Virginia again.

There is not even a statute covering the police.
They operate under the same common law as all the rest of us.

Quote:
In States without such pre-emptions by the state, what city jurisdiction ever charged an individual with a misdomeanor when preventing a felony assault on oneself when the shooting met deadly force requirements?
That is called proprietorial discretion.

Any AG in the US system (at every level) has an almost unlimited discretion to NOT proffer charges.
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