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February 10, 2017, 08:08 PM | #76 | |
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February 10, 2017, 08:45 PM | #77 |
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he was found guilty today on all counts.
http://www.victoriataft.com/travesty...guilty-counts/ and it turns out, that was his real job... its now illegal to draw your weapon in self defense here in Portland.
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February 10, 2017, 09:55 PM | #78 | |
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February 10, 2017, 10:08 PM | #79 | |
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but all this isn't the point, your all missing the bigger picture. Its illegal to draw your gun in self defense. He didn't even fire a shot. You have to wait until your physically assaulted, think about it and what that means for gun rights and self defense.
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February 10, 2017, 10:59 PM | #80 | ||
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Last edited by Aguila Blanca; February 10, 2017 at 11:05 PM. |
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February 10, 2017, 11:22 PM | #81 | |
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and to increase the bigger picture, not only is it now illegal to draw your gun in the face of obvious self defense, and not get a fair jury of your peers. You cant even get an unbiased judge in Oregon to rule your case for your freedom...
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That is just within the last 6 months here while presiding over a case, I wonder how Stricklands judge felt about guns? Maybe it was the same judge?
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February 11, 2017, 12:28 AM | #82 |
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I really shouldn't respond, but I shall for the sake of your second amendment rights. I will also be blunt. You better be prepared, as soon as you TOUCH a firearm, to deal with the consequences of presenting deadly force. Aguila I understand what you are saying, but I don't at the same time. A shove is not aggravated assault. A shove is, almost everywhere, an assault. There is a great DISPARITY of force between a shove and pointing a firearm at someone. You are correct that one shove MAY be a sign of further, much more serious, assault. But it also MAY be just a shove after the person who got shoved said something they shouldn't have.
I understand there were many people who do not share Mr. Strickland's view there, and he was basically alone. That is a disparity of force. Pointing a gun at someone (many people) who do not appear from video evidence to present a deadly threat is also a large disparity of force. To suggest that you were in fear for your life because one member of the group shoved you is a very great leap. A leap that ensures this man will never legally possess a firearm again. Act and believe as you wish, but I recommend you not act in the same manner as this man. Koda, the link you provided IS telling of your chances of a fair trail by judge in Portland. That is disturbing. It Still doesn't mean you should be able to draw a gun and point it a crowd. Last edited by 5whiskey; February 11, 2017 at 12:40 AM. |
February 11, 2017, 12:58 AM | #83 | |||
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https://www.law.cornell.edu/wex/assault Quote:
https://www.law.cornell.edu/wex/aggravated_assault Quote:
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February 11, 2017, 12:59 AM | #84 |
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Also that slight shove when the guy in black is confronting him and gray hoodie guy comes to the side happens about 2 or 3 minutes after Mr. Strickland drew his gun and reholstered. The narrarator may say it happened before, but he is either mistaken in fact or lying.
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February 11, 2017, 01:03 AM | #85 | |
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Aguila tell me how a shove (which is moot because it happened AFTER the defendants crime) is...
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February 11, 2017, 02:53 AM | #86 | |
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^^^ Don't quote only the part of the sentence that seems to support your view -- quote the entire sentence:
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February 11, 2017, 03:01 AM | #87 | |
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February 11, 2017, 04:32 AM | #88 | ||
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The legal justification must be present immediately before or during the act of drawing/pointing in order to justify the act. If, at 7:00AM you draw and point a gun at someone and then reholster it 30 seconds later, you can't claim that you're justified in drawing and pointing the gun because at 7:01AM someone shoved you. The shove is moot in terms of justifying the drawing/pointing which occurred earlier. It might serve as justification for a later act of self-defense but it can't retroactively justify an act that happened earlier. Quote:
Frankly, the circumstances of the case are not what I would call a crystal clear case of self-defense. It certainly didn't help that it happened in a gun-unfriendly area, but I don't think that's the primary reason for the conviction.
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February 11, 2017, 10:16 AM | #89 | |||
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Here is a definition of assault, from Cornell law... Quote:
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February 11, 2017, 12:09 PM | #90 | ||
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February 11, 2017, 12:22 PM | #91 | ||
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the guy in the hoodie went up to Strickland while Strickland was disengaging, flanked him on his blind side and shoved him to instigate a fight. this thread is mystifying me, its almost like we are not watching the same video evidence. I don't know how we cant talk about this with the back and forth bantering about what happened in the video when one side says something opposite what the video shows. Im going to re-watch it one more time, in case its me thats doing that many im the one thats confused.... but Ive already replayed many times. Im not seeing what you guys are seeing... this is troubling to me because it tells me it tells me there is a disconnect between what Ive studied on self defense and you guys who are lawyers... and yeah Im thinking about it seriously wanting to learn. I do respect many of the discussions Ive read here from the legal professionals. and lastly... Quote:
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February 11, 2017, 12:44 PM | #92 | |||
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A man drew a firearm under a circumstance in which it wasn't clear-cut that he was legally justified to do so. He was convicted of a crime. It's pretty ridiculous to repeat over and over again that this now means it's illegal in Oregon to draw your gun in self-defense. |
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February 11, 2017, 01:08 PM | #93 | |
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Of course the outcome is subject to appeal, and the judgment could be overturned by an appellate court. But at this stage we know that at least one person with the benefit a a great deal more information decided that Strickland committed the crimes with which he is charged and was not justified in drawing his gun. If there is an appeal, we might have more to discuss later. But I'm closing this for now.
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