Thread: Silence
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Old May 8, 2013, 09:18 AM   #20
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Quote:
Originally Posted by Frank Ettin
Quote:
Originally Posted by Plumbnut
Frank Ettin are you a criminal defense lawyer or have you ever been a criminal defense lawyer? There are alot of different type of lawyers...which type are you?
. . . .But if you want to cross check my comments, contact another moderator here, Spats McGee, who is also a lawyer and does currently practice criminal law.
Plumbnut, I'll save you the trouble of contacting me about Frank's comments. My credentials: I'm a lawyer, licensed in the state and federal courts of Arkansas, the 8th Circuit Court of Appeals and SCOTUS. I've been practicing law for ~11 years, in the following areas: civil rights defense, domestic relations, criminal defense, and prosecution. I've also spent the last few years (since I started carrying) keeping abreast of the law surrounding the RKBA.

I've read Frank's post, and it is dead on correct. There are some nuances that will vary from state to state, such as whether SD is a defense or an affirmative defense, and what burdens of proof are attached to it (preponderance of evidence, beyond reasonable doubt, etc.). Frank's post, however, lays out the basics extremely well. If anyone has any questions about how SD defenses work, I'd suggest reading Frank's post a few times.

IMNSHO, everyone that carries a firearm really should become intimately familiar with the laws surrounding the RKBA in their home jurisdiction, and, if at all possible, in every jurisdiction in which they are going to carry. I am perpetually amazed at the folks that I see on the internet that appear to have spent hours and hours trying to figure out "the right gun" and "the right load" and "the right equipment," but refuse to put any thought into "what do I do after it goes bang?"
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