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Old 11-03-2009, 10:13 PM   #11
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1. Miranda rights are not only required when arrested, but when questioned in a "focus of suspicion".

2. There is no such thing as "shooting to wound". Not with a handgun in a close quarters combat situation- which is what you had BETTER be in if you claim self defense. You are shooting to stop the threat to your life. Not threat to your lawn, your dog, your beauty sleep, etc.

3. Shooting to stop the threat means shooting for the biggest piece of him- center body mass. Halfway between belly button and adam's apple.

4, If you shoot anybody, anywhere, for any reason, expect to be detained or arrested.

5. There are other means of control that should be attempted first. Making a threat of bodily harm is known as assualt. Get the PD involved. Go beyond the officer responding if you need to.

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Old 11-03-2009, 10:25 PM   #12
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Quote:
Originally Posted by c3shooter View Post
1. Miranda rights are not only required when arrested, but when questioned in a "focus of suspicion".

2. There is no such thing as "shooting to wound". Not with a handgun in a close quarters combat situation- which is what you had BETTER be in if you claim self defense. You are shooting to stop the threat to your life. Not threat to your lawn, your dog, your beauty sleep, etc.

3. Shooting to stop the threat means shooting for the biggest piece of him- center body mass. Halfway between belly button and adam's apple.

4, If you shoot anybody, anywhere, for any reason, expect to be detained or arrested.

5. There are other means of control that should be attempted first. Making a threat of bodily harm is known as assault. Get the PD involved. Go beyond the officer responding if you need to.

Indeed, + Infinity, word, the snizzle........What he said.

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Old 11-03-2009, 11:15 PM   #13
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Ok, here's what I think.

1. You stated that you have made a handful of posts, but your post toatal reads 2.

2. Free legal advice is worth what it cost you.

3. Don't believe in this day and age of camera phones with recorders that your "friend" can't get proof of threats of physical harm....

4. BS

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Old 11-04-2009, 12:12 AM   #14
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Not being a lawyer I may be way off base here but asking that question on an open forum such as this may put you in jeopardy by some overzealous prosecutor. Arguing the merits of traveling to another state to possibly have to shoot a friend's neighbor just may fall within a premeditation criteria. Just my opinion.
Yea, kinda like saying "I'm going to take a coat to the movies in case it might be cold out when we leave for home."

Here's the drill JPyle: The guy hammers on the door and yells he is going to slit the throats of the dwellings occupants. He breaks the door in and enters the apartment. He is crazed looking and makes threatening jestures and advances toward the occupants in a threatening manner even though Upstatetiger warns that he has a weapon. This all happens in a matter of seconds. To protect himself and his friend, he fires.

Only in New York City is this guy in trouble!
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Old 11-04-2009, 12:44 AM   #15
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This is our standard reply to legal questions:

The FTF flunked our Bar Exam.

Only a fool would take legal advice from us.

Taking legal advice from a public forum is only exceeded in stupidity by the people that offer that advice!

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Old 11-04-2009, 12:47 AM   #16
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I stayed at a Holiday Inn Express once.

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Old 11-04-2009, 01:19 AM   #17
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I slept in the lobby!!

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Old 11-04-2009, 01:43 AM   #18
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Originally Posted by canebrake View Post
This is our standard reply to legal questions:

The FTF flunked our Bar Exam.

Only a fool would take legal advice from us.

Taking legal advice from a public forum is only exceeded in stupidity by the people that offer that advice!
Quoted for truth!!
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Old 11-05-2009, 02:06 AM   #19
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I am not a lawyer nor am I in in any kind of position to offer legal council. What I can offer is good ol' common sense. Something to consider is that South Carolina firearms (perticularly handgun) laws are drastically different from the rest of the southern states. That is the reason why most concealed carry permits to not reciprocate to South Carolina. I would hate to see a law abiding citizen be arrested and lose their firearm because of their own lack of knowledge of state and local laws. Additionally, you would need to have many disinterested witnesses verifying your story should anything happen and if it is in an apartment building in a not so good section of town, good luck with that. As mentioned before, an over-zealous DA will make a very convincing argument as to whether or not you planned on a confrontation with intent to kill. If you feel that strongly for her safety, try finding a better location for her to reside and/or let her be the one to confront the bad guy with a firearm. If she isn't trained in their use, take her to the range and let her learn. Additionally, if you do take it upon yourself or she takes it upon herself to gather evidence against the drug addict, make sure it is of enough quality that you can clearly identify the person making the threats. The polilce are over worked as it is and they aren't going to put much effort into catching a small fish. My 2 cents worth then is this: try finding alternate suitable living arrangements and if that isn't an option, make sure she gets proper training in the use of firearms so she can defend herself should this knucklehead ever back up his words with action.

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Old 11-05-2009, 03:15 PM   #20
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common sense says start recording with a video camera what is happening or tape recorder and call 911. you dont need a gun to solve every problem. guns are the last ditch things to save a life. using one will often solve one problem and start several more. retain a lawyer and write down everything that occurs.

getting actual legal advice from a real lawyer is a better thing to do then going gun shopping and reading replies from a gun forum. video/audio evidence and the old saying of "if you did not write it down it did not happen" is in play.

go get real legal advice.

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