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November 16, 2012, 02:31 PM | #1 |
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Woman Pulls Gun On Flasher
http://usnews.nbcnews.com/_news/2012...rains-out?lite
Was her life in danger? Was she justified in pulling out her gun? “I put the magazine in my gun. I cocked it,” the woman told The Daily News online. “I said, ‘You need to leave or I’ll shoot you. I’m going to blow your brains out.’” Why was she carrying a pistol without the magazine in it? |
November 16, 2012, 02:49 PM | #2 |
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I like that. she sent the dog after him.
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November 16, 2012, 02:52 PM | #3 |
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This could have gone horribly wrong for her in so many ways.
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November 16, 2012, 02:58 PM | #4 | |
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November 16, 2012, 03:22 PM | #5 |
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Good for her.
She gave that perverted clown exactly what he needed, a strong dose of reality.
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November 16, 2012, 03:22 PM | #6 |
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It would be justified in Texas due to a child being present. Also what he did in the laws of this state was to commit a sexual assault by exposure. (Legal wording of the charge could be a little different.)
Besides you do not know what the man would do later. The woman was in a park with her 6 year old child, and man not only exposed himself he stated that the woman should watch. Who knows what he would have done or tried next.
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November 16, 2012, 03:58 PM | #7 |
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I like this woman a lot
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November 16, 2012, 04:35 PM | #8 |
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I suppose in some ways the lady is fortunate that she was in a situation in which her assailants hands were busy, giving her time to insert a magazine and chamber a round. Such is not always the case, to say the least.
I would think that a woman who elucidated a fear of sexual assault would be justified almost anywhere guns are legal, and such a fear for herself or her child would seem reasonable in this circumstance. In many jurisdictions, interrupting a forcible felony is justification; in others, any felony. Laws specific to that jurisdiction would have to be looked at carefully, but one can only imagine the uproar that would ensue if a prosecutor filed charges against a young mother who chased off a flasher. |
November 16, 2012, 04:36 PM | #9 |
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In California you can physically defend yourself from someone who is uttering "Terroristic Threats" at you, so in CA there is a way to handle someone who is not in the process of harming you.
But one guy recently had to fight hard against assult charges after he chased down the street after a burglar he caught in the act, and beat him a few times with a baseball bat. I'm convinced that public opinon kept him out of the cage. I'm not sure what would happen to this woman if she had shot the guys privates off. I wonder if she got charged with concealed carry or brandishing a weapon. Remember the "Death Wish" guy in the subway stations? Det |
November 16, 2012, 04:45 PM | #10 | |||
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If you are going to make these kinds of claim, you need to be prepared to back them up with evidence. Quote:
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November 16, 2012, 04:48 PM | #11 |
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I hope she knows to carry with a mag in the gun now. Absolutely she was justified, you have to assume that a person who does this is a rapist who intends to do more than just show her his package.
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November 16, 2012, 06:19 PM | #12 | |
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This woman might indeed get a pass on this, primarily because prosecutors have discretion; and a prosecutor would probably rather avoid the controversy. But in general, displaying a gun in a threatening manner will get one into hot water unless he can justify it by demonstrating a reasonable fear of death or grave bodily injury.
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November 16, 2012, 06:24 PM | #13 | |
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I did not think there was a state that you could legally shoot someone if you were not in fear for your life or someone else's. Can you cite something of Utah's law stating what you posted? |
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November 16, 2012, 07:37 PM | #14 | |
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Specific verbiage will vary from state to state (maybe "great bodily injury," instead of "great bodily harm"), but the intent is the same. But clearly, in some jurisdictions, the threat doesn't have to rise to the level of "death." |
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November 16, 2012, 07:51 PM | #15 |
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Nebraska's laws mention prevention of rape...... and I think the prosecutor would not only have a hard time finding a jury that would convict her if she shot him in the junk, but if he did bring charges, he (or his boss) would find such a prosecution politically ...... problematic.
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November 16, 2012, 07:58 PM | #16 | |||||
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Sure, Shortwave:
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Let's look at the Defense of Habitation statute: Quote:
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November 16, 2012, 08:11 PM | #17 |
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Don H,
If you're going to cite a statute, you have to identify the State.
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November 16, 2012, 08:13 PM | #18 |
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Interesting.
Thanks Don. |
November 16, 2012, 08:23 PM | #19 |
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[1] The laws of some States permit the use of lethal force for other than preventing imminent death or grave bodily injury.
[2] But if you look at those laws, the use of lethal force is still limited. [3] It may be justified to prevent an imminent forcible felony, arson, robbery, in the case of a forcible break-in of ones home or under a few other narrowly described circumstances. Those crimes are crimes in which there is a strong likelihood that the victim is in significant physical danger. [4] I'm not aware of any use-of-force law that could be read as authorizing lethal force against indecent exposure.
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November 16, 2012, 08:46 PM | #20 | |
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November 16, 2012, 09:04 PM | #21 | |
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November 16, 2012, 09:13 PM | #22 | |
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Here is an example. A thirteen year old kid was stealing poults with a buddy. The owner of the chickens shot and killed the 13 year old while he was attempting to flee with the owner's property (at night). The shooting was legal. The kid was even shot in the back which was also legal becasue first the owner of the chickens was justified in his use of lethal force despite the fact that he was not in fear for his life or the life of another human. http://thefiringline.com/forums/show...aling+chickens
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November 16, 2012, 09:25 PM | #23 | |
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November 17, 2012, 01:52 AM | #24 | |
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I wonder if she carries with the Mag in it now? |
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November 17, 2012, 03:11 AM | #25 |
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if the article was NOT incorrect, this woman (for starters) was being assaulted. Things can escalate quick; I see no issue with this woman drawing a firearm if this happened to her and her child.
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attack , self-defense |
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