Two-on-one attack ends in self-defense shooting

[PepperElf]

o and i didn't post this cos i didn't find out until this morning... my bf never took money out of the ATM. after that scene he didn't feel safe getting money and went inside game stop where I was browsing.

so he did the smart thing.


we went back today - no one else was there really - and he showed me just how close the guys were originally standing

Me: WTF? what were they trying to do, rub up on your ass? (seriously it was an inch away from his ass)
Him: Yeah they could have given me a reach around from there.

And when they backed up originally it was only to an arm's length away - still way too close for comfort for anyone at an ATM

[Canarr]

"wrongful death" is normally not "frivolous"..... I know right??? There should be a law if you get wounded or killed because your breaking the law, you don't even get a shot to sue for your medical bills. Hell I am all for making the person responsible have to pay for wear and tear on your weapon and ammo.

Isn't there a law in some states of the US, that any death occurring in the commission of a felony results in a murder charge? Or is that another case of Hollywood Law?

In any case, I find it strange that someone could be acquitted from any wrongdoing in the eyes of the law, but still be facing a civil suit.

[insertNameHere]

Isn't there a law in some states of the US, that any death occurring in the commission of a felony results in a murder charge? Or is that another case of Hollywood Law?

In any case, I find it strange that someone could be acquitted from any wrongdoing in the eyes of the law, but still be facing a civil suit.

It depends on what end of the situation the law your on. If your the bad guy and someone dies, you get the murder charges. if someone is defending himself, no murder charges because YOUR dead. There also some laws, that really aren't laws on specifications during major crimes, I forget what state but you can have high capacity magazines with no legal issues..... you use them to rob someone, they become illegal and you get additional weapons charges.


Keep in mind Civil court is screwed up, Sony sued geohot when he technically was breaking no laws, but they got their point across and it is really hard to battle a multinational corporate with fancy lawyers when your in your 20s

[Skelly]

Isn't there a law in some states of the US, that any death occurring in the commission of a felony results in a murder charge? Or is that another case of Hollywood Law?

In any case, I find it strange that someone could be acquitted from any wrongdoing in the eyes of the law, but still be facing a civil suit.

http://en.wikipedia.org/wiki/Felony_murder

[Skelly]

Actually, I believe it is with those laws you can't be tried as a criminal..... the family can still sue you civilly

Sayeth Wiki:

Immunity from civil lawsuit
In addition to providing a valid defense in criminal law, many versions of the Castle Doctrine, particularly those with a "Stand-Your-Ground clause", also have a clause which provides immunity from any lawsuit filed on behalf of the assailant for damages/injury resulting from the use of lethal force. Without this clause, it is possible for an assailant to sue for medical bills, property damage, disability, and pain and suffering as a result of the injuries inflicted by the defender, or for their next-of-kin to sue for wrongful death in the case of a fatality. Even if successfully refuted, the defendant (the homeowner/defender) must often pay thousands of dollars in legal costs as a result of such lawsuits, and thus without immunity, such civil action could be used for revenge against a defender acting lawfully.
The only exceptions to this civil immunity are generally situations of excessive force, where the defender used deadly force on a subdued, cooperative, or disabled assailant. A situation meeting this exception generally invalidates the criminal "castle defense" as well. In addition, someone who uses deadly force in self-defense is still liable for any damages or injuries to third parties who were not acting criminally at the time of the defensive action.

[Canarr]

That makes sense, I'd say. Both the felony murder rule, as well as the Castle Doctrine.

Is a gas station where I'm currently and legally doing business protected by Castle Doctrine? Or is that outside of the scope of this law?

[PepperElf]

I'm in the KY / TN area. High-cap mags are perfectly legal.

Although I'll be honest, the 31-roung mag for the Glock looks ghetto as all fuck in my opinion.


I saw someone with one at the range last month. He looked like a noob trying to impress his girlfriend.... which kinda ended up failing after both of them started cringing every time my handgun fired out another 357 round. AND that the tiny revolver that was making so much noise was MINE not my boyfriend's.

[insertNameHere]

That makes sense, I'd say. Both the felony murder rule, as well as the Castle Doctrine.

Is a gas station where I'm currently and legally doing business protected by Castle Doctrine? Or is that outside of the scope of this law?

If your not the owner or a worker there is NO chance of it applying, even then it is a gray area. Typically the castle doctrine is applied to your car and home as those are your "castles", I'm not a lawyer but I find it hard to believe castle doctrine would work in a "public" setting such as a gas station where people are free to walk into, it does add a lot of weight to the defending yourself, but not in the sense that the castle doctrine protects you in your home and allows you to stand your ground.

Actually, according to ohio's course, if at all possible your to try and Escape from situation only using your weapon if your life is in Immidiate danger. Someone tells you they gonna kill you next Tuesday, you can't blow them away..... gotta wait till Tuesday when they show up with a chainsaw to try and kill you.

[Nyoibo]

However, if someone else is being attacked you're then usually covered by Good Samaritan laws, just can't help yourself.

[wolfie]

I could have sworn you weren't supposed to walk around with a round chambered...

How can you not with a revolver?

From what I've read, it's SOP with single actions like the "Peacemaker". Hammer resting on an empty chamber - the old single actions ("Peacemaker" dates back to the 19th century) don't have the safety features modern revolvers do to ensure that they will only fire if the trigger is pulled, and were susceptible to firing if a branch snagged the hammer, pulled it back partway, then released it.