- #106
JaredJames
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- 22
skeptic2 said:
Marvellously done on that find. That would be the one.
No, you can't 'close the door on guns' as you so nicely put it, but you can impose stricter control laws. No carrying them etc.
skeptic2 said:
Well, now you're taunting him. Just ignore him and get on with your thread.jarednjames said:Well perhaps, Cyrus, we like going on these rants as it's all we have to do (its 4am where I am and I can't sleep, not much else to do really, painted the fence yesterday).
And seeing as you are sticking around, continually attacking this thread you deem worthless, I'd say you have nothing better to do. Other than join in these pointless rants. Possibly even enjoying it?
OAQfirst said:Well, now you're taunting him. Just ignore him and get on with your thread.
skeptic2 said:To those who would quickly grab their gun, my understanding is that when weapons are stored at home, they are to be stored unloaded and locked up with the ammunition stored in a separate place and also locked up. How would one unlock his gun, unlock the ammunition, load the gun and still be an effective deterrent?Where did you get your information about "when a weapon is stored at home"? There might be a few states back (New York, California maybe) out of 50 that require a firearm to be unloaded and locked but those would be an exception.
I was addressing jarednjames.Cyrus said:I'm not taunting him. I'm dead serious. Why can't you people stay on topic? What's the point about bringing something up if everyone is going to run off into wild tangents?
jarednjames said:Marvellously done on that find. That would be the one.
No, you can't 'close the door on guns' as you so nicely put it, but you can impose stricter control laws. No carrying them etc.
jarednjames said:Good, now aside from about two people, will anyone else address the OP?
What would you do in the situation of hearing a noise, going to investigate and finding an intruder? To make Cyrus happy, let's leave law out of it. And nobody has a go at what someone says they would do.
edward said:Did I mention that I have a niece who spent a year in Iraq. She had an M 16.
jarednjames said:Good, now aside from about two people, will anyone else address the OP?
What would you do in the situation of hearing a noise, going to investigate and finding an intruder? To make Cyrus happy, let's leave law out of it. And nobody has a go at what someone says they would do.
jarednjames said:What would you do in the situation of hearing a noise, going to investigate and finding an intruder? To make Cyrus happy, let's leave law out of it. And nobody has a go at what someone says they would do.
Honestly cyrus, this is a ridiculous objection. The OP asked a very simple "what would you do if ..." question. If you don't wish to engage in hypotheticals, don't. No one's dragging you into the thread.Cyrus said:Anyways, my point is that your question is one you should ask in a legal forum. Not a physics forum. Unless anyone here is a lawyer that deals with this type of law, you're going to get garbage answers, and I hate to see people play pretend lawyer (unless you are a lawyer, that's exactly what were all doing) .
qntty said:4. If you must confront them, then get out the firearm and ask them why they are in my house (maybe they don't have malicious intent). If they are there to steal something then demand that they leave.
rootX said:What if ...
they lie?
Gokul43201 said:Honestly cyrus, this is a ridiculous objection. The OP asked a very simple "what would you do if ..." question. If you don't wish to engage in hypotheticals, don't. No one's dragging you into the thread.
We have tons of discussions about social issues, legal issues, dating issues, political issues, entertainment issues and most anything else under the sun ... all here in GD. We don't send the OPs off to find a social science forum or a legal forum or a dating forum or a politics forum to explore these ideas.
And many gun owners have a pretty good idea what their state laws regarding intruders/trespass are. And even if you don't know them, you can look for it, for example, at http://www.handgunlaw.us/.
If you live in Colorado, you click on the state and you find that the relevant law is CRS 18-1-704.5, which is easily looked up.
18-1-704.5. Use of deadly physical force against an intruder.
(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
(4) Any occupant of a'dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.
Colorado Revised Statutes - PDF file
jarednjames said:So you're in bed, here a noise downstairs and decide to investigate. You find it's an intruder. What do you do?
jarednjames said:Okay cyrus look, in my original post I gave my OPINION, not some fact. I did not say this would stand legally. The fact is, it is what I would do. That is what would be going through my mind, legal or not, that is what my post asked for. What would you would do in that situation.
Like I just said, leave the legal bit out and just let me know what you would do.
So once again let us focus on the question:
"So you're in bed, here a noise downstairs and decide to investigate. You find it's an intruder. What do you do?"
Cyrus said:It should be fairly obvious from my posts that I'd just leave the house and call the cops because I don't want to wind up in jail myself over something trivial like a TV.
BTW: that guy in Gokuls link earlier should have gotten jail time. The police dispatch clearly told him not to go looking for the criminals, yet he went anyways.
jarednjames said:Was that the one who shot the guy in the back as he ran off?
Cyrus said:I believe they were stealing a tv out the window.
jarednjames said:Ah yes, just pulled the post up now. I agree, there is no justification in shooting someone like that. Once they're leaving let them go. Definitely shouldn't be a hero.
Cyrus said:And that's exactly why I'm giving you a hard time about defining a criminals legal rights. It concerns your "hypothetical" because if your mentality is what you post, and you find yourself in that situation: you could be looking at jail time.
Cyrus said:Gokul, here is Oklahomas very similar law to that of Colorado (your link)
http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=69782
Yet the man in the article I posted faces Jail time.
drankin said:That's not a home invasion. Get back on topic.
So, if someone let's themselves into your house, you run away and call the police. Good for you. If someone let's themselves into *insert name here*'s house and he empties a shotgun into him, good for him. Both are legitimate actions and in most states would be legally justified. Yours leaves less of a mess.
drankin said:That's not a home invasion. Get back on topic.
So, if someone let's themselves into your house, you run away and call the police. Good for you. If someone let's themselves into *insert name here*'s house and he empties a shotgun into him, good for him. Both are legitimate actions and in most states would be legally justified. Yours leaves less of a mess.
House Bill 2615 closely resembles Florida’s recently passed "Stand Your Ground" law. Calvey’s bill would amend Oklahoma’s current "Make My Day" law to allow residents to use force, even deadly force, to protect themselves when they believe they are in danger in any place a person has a legal right to be, such as their office, supermarket or on the street.
Duty to retreat varies. If you kill someone on the street, you need extremely good justification. "He had a weapon" isn't good justification. Even if you're being mugged, most jurisdictions will give you a hard time about killing your assailant unless you have a good reason to believe your life was in danger and had no other recourse but to kill.http://en.wikipedia.org/wiki/Duty_to_retreat
Now if you read into that link, you will find that in some cases you have to try and retreat, some cases you don't. The point is, it's not clear exactly what you can do. Unless you are a lawyer, I strongly suggest you find out for your jurisdiction before you go dragging bodies inside the house. (Yes, I know that wasn't literal. But the mentality of the comment indicates to me you probably don't take this seriously).
Have you looked into the law in your area concerning *exactly* when you can use force?
Cyrus said:http://en.wikipedia.org/wiki/Duty_to_retreat
Now if you read into that link, you will find that in some cases you have to try and retreat, some cases you don't. The point is, it's not clear exactly what you can do. Unless you are a lawyer, I strongly suggest you find out for your jurisdiction before you go dragging bodies inside the house. (Yes, I know that wasn't literal. But the mentality of the comment indicates to me you probably don't take this seriously).
Have you looked into the law in your area concerning *exactly* when you can use force?
drankin said:Yes, and I don't live in Oklahoma. I can use deadly force in my home against an intruder. As it should be for any person who is threatened by an uninvited hoodlum in their home. Do you disagree? If you do, that's fine. But understand that most people feel they have the right to use deadly force to protect themselves and their family, particularly in their own house. You have that right, whether you exercise it or not is up to you. If you don't think that you have that right because of the state you live in, remember this: It's better to do six than to be buried six.