View Single Post
Old April 19, 2012, 06:30 PM   #37
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,749
Originally Posted by barstoolguru
...the SYG laws protect the homeowner /shooter from being arrested when they are in the right...
Not necessarily. Sometimes, notwithstanding a SYG law, it's not all that easy to establish that you were in the right.

For example, there was Mark Abshire in Oklahoma: Despite defending himself against multiple attackers on his own lawn in a fairly gun-friendly state with a "Stand Your Ground" law, he was arrested, went to jail, charged, lost his job and his house, and spent two and a half years in the legal meat-grinder before finally being acquitted.

A SYG law may help you establish that you were in the right, but it's not a guarantee that you won't be arrested and have to establish that your use of force was justified.

Originally Posted by Aguila Blanca
...I'm pretty certain the wording I was taught in junior high was, "Life, liberty and the pursuit of happiness." I do not recall any mention of property. And I believe that phrase was in the Declaration of Independence, not the Constitution.
You're correct about "pursuit of happiness." The phrase "life, liberty or property" shows up twice in the Constitution:
  • In the Fifth Amendment:
    No person shall ... be deprived of life, liberty, or property, without due process of law;...
  • In the Fourteenth Amendment:
    ...nor shall any State deprive any person of life, liberty, or property, without due process of law...
Of course neither has anything to do with defending your life or property against the acts of a private criminal.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
Page generated in 0.04057 seconds with 7 queries