Two Men Won't Face Charges in WalMart Shootout

Discussion in 'In the News' started by Malum Prohibitum, Jan 23, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    No Weapons Charges

    So the guys who defended themselves with illegally-carried weapons (assuming they were carrying them on their person without a permit) won't be charged with anything? I can see why they aren't going to be charged with any crime for how they USED the weapons-- no charges for agg. assault, attempted murder, reckless endangerment, etc--- because they had no criminal intent, but rather were only invoking their right to self-defense when attacked.

    But is it right that they also get a pass for carrying the guns illegally in the first place?

    Is the theory behind that decision this: "Since the State would not have known the men were carrying guns in the first place if they didn't pull them in legitimate self-defense, it would be wrong to allow the actions of the attackers to result in prosecution of the would-be victims." Is that what the cops and prosecutors are thinking?

    How about this hypothetical (which actually happens with some regularity): A man's house gets burgarlized. He is clearly the victim of a crime. He reports the crime and allows cops to check the crime scene for evidence. The cops happen to find some drugs and /or stolen property in his home. Should the cops (or prosecutors) decline to arrest the burglary victim for the drug/theft crimes that they happened to learn about while investigating the burglary? After all, the cops would not have been in this guy's home in the first place if he had not been the victim of a burglary crime some other dude committed against him.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Why don't you call the prosecutor's office down there and complain? :roll:
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    In related news, Case #2 from Florida.

    But, since the law is not retroactive, he probably has no case on appeal.
     
  5. BergerBoy

    BergerBoy New Member

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    Re: No Weapons Charges

    I have heard of other cases in other states where it was difficult/impossible to get a CCW permit, but the law was funny. Cases passed where a man was assaulted with a weapon, the man drew his illegally-carried firearm and defended himself, and was arrested for illegal carry. At trial, the charges were dismissed because of a "passive defense" (?) showing that while it was illegal to carry, the fact that he was assaulted showed a reasonable cause for him to have been able to carry....and therefore the charges were unreasonable and the case was dismissed.

    Can't remember where I saw it or anything about it, but I know it has happened at least a few times.

    Petition for a pardon? Seems like it wouldn't be so far-fetched to get....
     
  6. Macktee

    Macktee New Member

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    Wasn't that what happened with the guy on the subway in NY who shot the guys who were trying to rob him? Can't remember his name but it was a big-time media event.

    Guy carried illegally on the subway, was threatened and shot the bastard! He got off on the shooting but not for having an illegal gun in New York City!

    If only NY had reasonable gun laws...........
     
  7. flyin929

    flyin929 New Member

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    bernard goetz.
    Not exactly a poster child for 2nd Amendment rights.
    Me thinks he is a bit off. Do a little research into how his "victims" faired as they went about their daily life. They weren't the best of folks.
    Bernie just seems to be a bit of a strange guy.
    Bobbbbbb
     
  8. flyin929

    flyin929 New Member

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    Just one more thought...

    It seems that although the 2nd Amendment states that we have the right to "keep and bear arms " too many people are willing to settle for a watered down version of that ideal. ( and settle, and settle, and settle)
    How much more water is needed?
    What will hapen when and if Bush gets his way and we have a Tri-Lateral government consisting of Canada, Mexico and the U.S.
    Gotta think about it.
     
  9. Rammstein

    Rammstein New Member

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    Re: Just one more thought...

    I think we both know that is not true.