Legal advice...
10-26-2007, 09:36 PM
#21
Typical Buck
Join Date: May 2007
Location: South Carolina
Posts: 957
RE: Legal advice...
Holding a person at gunpoint until the cops get there? LoL.... you guys are cracking me up.
I gotta tell ya........keep on doing what ya'll are talking about... you guys are my job security.
I gotta tell ya........keep on doing what ya'll are talking about... you guys are my job security.
10-26-2007, 09:45 PM
#22
Join Date: Feb 2006
Location: Washington State
Posts: 102
RE: Legal advice...
This about as off topic as could be. That being said, this just screams "intervention!"
Shotgun man, you have posted questions on a public forum asking for "legal advice" of how you could "legally" shoot or shoot at a couple of kids engaging in stupid pranks that only amount to property crimes/malicious mischief. Don't you understand that any action you take now will have the added component of premeditation? Let law enforcement know that your mother is being subjected to repeated vandalism/harassment/intimidation, etc. and ask them what they can do and what you can do. If they are unwilling or unable to act, you may want to get their behavior on tape. If you have a trail camera, maybe you can set it up to get usable shots of their faces or license plates. This may assist LE in prosecuting criminally, and it may assist you in bringing a civil action. (Tresspass, Destruction of Personal Property, Intentional Infliction of Emotional Distress, etc, depending on your state's tort law.)
StrutNtom, I'd appreciate a cite to that case. As presented, it doesn't pass the smell test. I'd love to read the opinion.
-- FLIX
Shotgun man, you have posted questions on a public forum asking for "legal advice" of how you could "legally" shoot or shoot at a couple of kids engaging in stupid pranks that only amount to property crimes/malicious mischief. Don't you understand that any action you take now will have the added component of premeditation? Let law enforcement know that your mother is being subjected to repeated vandalism/harassment/intimidation, etc. and ask them what they can do and what you can do. If they are unwilling or unable to act, you may want to get their behavior on tape. If you have a trail camera, maybe you can set it up to get usable shots of their faces or license plates. This may assist LE in prosecuting criminally, and it may assist you in bringing a civil action. (Tresspass, Destruction of Personal Property, Intentional Infliction of Emotional Distress, etc, depending on your state's tort law.)
ORIGINAL: StrutNtom
Ok fellas this thread has gone long enough w/o someone asking... Are you crazy?
Shotgun man...
If you shoot at someone for the reasons you described. You will go to prison. If you shoot someone and kill them with handloaded or "altered" rounds, you will go to jail and probably get more time. Look it up. Theres a documented count case that went all the way to the supreme court where a guy shot and killed someone breaking into his house, but b/c he used "hot" handloaded rounds he was sentenced to prison.
I am not a lawyer, but I do work with the Federal Bureau of Prisons so theres no case I haven't "heard". This is 2007 fellas, not the 1800s.
Ok fellas this thread has gone long enough w/o someone asking... Are you crazy?
Shotgun man...
If you shoot at someone for the reasons you described. You will go to prison. If you shoot someone and kill them with handloaded or "altered" rounds, you will go to jail and probably get more time. Look it up. Theres a documented count case that went all the way to the supreme court where a guy shot and killed someone breaking into his house, but b/c he used "hot" handloaded rounds he was sentenced to prison.
I am not a lawyer, but I do work with the Federal Bureau of Prisons so theres no case I haven't "heard". This is 2007 fellas, not the 1800s.
-- FLIX
10-26-2007, 09:49 PM
#23
Join Date: Nov 2005
Location:
Posts: 342
RE: Legal advice...
For real legal advice, consult an attorney. They are the only ones that are actually going to know the law in your area, because it does differ across jurisdictions. But it probably won't be free.
Take this for what it is worth; The bottom-line is that you cannot use deadly force to protect your property. Agree or disagree, I believe that is the law. There are a fewexceptions, but in general, the amount of force used in defense can't exceed theforce used in the original attack. i.e. if they shoot you with a paintball, you can't shoot themwith a shotgun. And remember, once they start to retreat,they are safe, as far as the law is concerned. Shoot at them as they are leaving and you are the one in trouble.
If thingsare getting out of control, don't take things into your own hands.
Take this for what it is worth; The bottom-line is that you cannot use deadly force to protect your property. Agree or disagree, I believe that is the law. There are a fewexceptions, but in general, the amount of force used in defense can't exceed theforce used in the original attack. i.e. if they shoot you with a paintball, you can't shoot themwith a shotgun. And remember, once they start to retreat,they are safe, as far as the law is concerned. Shoot at them as they are leaving and you are the one in trouble.
If thingsare getting out of control, don't take things into your own hands.
10-26-2007, 10:31 PM
#24
Typical Buck
Join Date: May 2007
Location: South Carolina
Posts: 957
RE: Legal advice...
ORIGINAL: Flix
This about as off topic as could be. That being said, this just screams "intervention!"
Shotgun man, you have posted questions on a public forum asking for "legal advice" of how you could "legally" shoot or shoot at a couple of kids engaging in stupid pranks that only amount to property crimes/malicious mischief. Don't you understand that any action you take now will have the added component of premeditation? Let law enforcement know that your mother is being subjected to repeated vandalism/harassment/intimidation, etc. and ask them what they can do and what you can do. If they are unwilling or unable to act, you may want to get their behavior on tape. If you have a trail camera, maybe you can set it up to get usable shots of their faces or license plates. This may assist LE in prosecuting criminally, and it may assist you in bringing a civil action. (Tresspass, Destruction of Personal Property, Intentional Infliction of Emotional Distress, etc, depending on your state's tort law.)
StrutNtom, I'd appreciate a cite to that case. As presented, it doesn't pass the smell test. I'd love to read the opinion.
I do not remember where I found it. Do some research on google. If I can remember correctly....A guy broke into the man's house. He killed the guy. Upon legal action taken by the dead guy's family...the man was found to reload his own rounds. The defense got a jury to beleive that he loaded them "hot"...and b/c they were hot that they were indeed "meant to kill".
-- FLIX
This about as off topic as could be. That being said, this just screams "intervention!"
Shotgun man, you have posted questions on a public forum asking for "legal advice" of how you could "legally" shoot or shoot at a couple of kids engaging in stupid pranks that only amount to property crimes/malicious mischief. Don't you understand that any action you take now will have the added component of premeditation? Let law enforcement know that your mother is being subjected to repeated vandalism/harassment/intimidation, etc. and ask them what they can do and what you can do. If they are unwilling or unable to act, you may want to get their behavior on tape. If you have a trail camera, maybe you can set it up to get usable shots of their faces or license plates. This may assist LE in prosecuting criminally, and it may assist you in bringing a civil action. (Tresspass, Destruction of Personal Property, Intentional Infliction of Emotional Distress, etc, depending on your state's tort law.)
ORIGINAL: StrutNtom
Ok fellas this thread has gone long enough w/o someone asking... Are you crazy?
Shotgun man...
If you shoot at someone for the reasons you described. You will go to prison. If you shoot someone and kill them with handloaded or "altered" rounds, you will go to jail and probably get more time. Look it up. Theres a documented count case that went all the way to the supreme court where a guy shot and killed someone breaking into his house, but b/c he used "hot" handloaded rounds he was sentenced to prison.
I am not a lawyer, but I do work with the Federal Bureau of Prisons so theres no case I haven't "heard". This is 2007 fellas, not the 1800s.
Ok fellas this thread has gone long enough w/o someone asking... Are you crazy?
Shotgun man...
If you shoot at someone for the reasons you described. You will go to prison. If you shoot someone and kill them with handloaded or "altered" rounds, you will go to jail and probably get more time. Look it up. Theres a documented count case that went all the way to the supreme court where a guy shot and killed someone breaking into his house, but b/c he used "hot" handloaded rounds he was sentenced to prison.
I am not a lawyer, but I do work with the Federal Bureau of Prisons so theres no case I haven't "heard". This is 2007 fellas, not the 1800s.
I do not remember where I found it. Do some research on google. If I can remember correctly....A guy broke into the man's house. He killed the guy. Upon legal action taken by the dead guy's family...the man was found to reload his own rounds. The defense got a jury to beleive that he loaded them "hot"...and b/c they were hot that they were indeed "meant to kill".
-- FLIX
10-26-2007, 10:53 PM
#25
Join Date: Feb 2006
Location: Washington State
Posts: 102
RE: Legal advice...
StrutNtom,
Thanks for your reply. I took a quick look and couldn't find anything relevant. I've gotta believe that you are misremembering this case. ANY time you fire a firearm at someone you are using deadly force, whether or not your action is ultimately lethal. That is a given at the outset of any criminal or civil action. The question that has to be answeredd is whether or not deadly force was justified. If you run across it again, please "shoot"
me a PM. Second Amendment related cases are one of the few areas of law I still try to stay current on.
-- FLIX
Thanks for your reply. I took a quick look and couldn't find anything relevant. I've gotta believe that you are misremembering this case. ANY time you fire a firearm at someone you are using deadly force, whether or not your action is ultimately lethal. That is a given at the outset of any criminal or civil action. The question that has to be answeredd is whether or not deadly force was justified. If you run across it again, please "shoot"
me a PM. Second Amendment related cases are one of the few areas of law I still try to stay current on. -- FLIX
10-27-2007, 12:34 AM
#28
Fork Horn
Join Date: Oct 2006
Location: Saginaw,MI
Posts: 455
RE: Legal advice...
Nobody has asked the most simple question yet, what did you do to make them upset?. I live in a not so great neighborhood, but usually when people do things like this its either, they're upset with you for a reason, orthey are playing a joke(that you might not find funny) cause they're your friends. Have you seen the people?
10-27-2007, 12:41 AM
#29
Fork Horn
Join Date: Aug 2007
Location: Virginia
Posts: 297
RE: Legal advice...
Go buy you a pitbull and turn him loose on there @$$.....HAHA LOL just kidding,it would be pricless to see the look on there face. You could even do your best scareface. "I'd like you to meet my little freind".
