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· Lawyer and Gun Activist
30,167 Posts
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.
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