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Teens with Camcorders

Discussion in 'Broadlands Community Issues' started by fidothedog, Sep 14, 2007.

  1. bobgaggle

    bobgaggle New Member

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    If I may quote from VA court case Commonwealth v. Alexander, 260 Va. 238, 531 S.E.2d 567 (2000).

    "Even if Eutsler's actions were unwarranted or illegal, the defendant, as an owner of personal property, did not have the right to assert or defend his possessory rights thereto by the use of deadly force."

    and according to Harper v. Commonwealth, 196 Va. 723, 733, 85 S.E.2d 249, 255 (1955), "The threat to use deadly force by brandishing a deadly weapon has long been considered an assault"

    And here's the kicker,
    Merritt v. Commonwealth, 164 Va. 653, 658-59, 180 S.E. 395, 398 (1935),
    Judge Moncure, in the Hardy Case, 17 Gratt. (58 Va.) 592, 600, [1867] quoted with approval from an old English case, thus: "An assault is any attempt or offer with force or violence to do a corporeal hurt to another, whether from malice or wantonness, as by striking at him in a threatening or insulting manner, or with such other circumstances as denote at the time an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it."Such a threat may give the threatened person a right to defend himself by the use of a deadly weapon.

    so unless the intruder in your home threatens you with violence either by speech or action, you have no right to use lethal force against that person. If you hear a noise downstairs and break out your desert eagle, run down the stairs and the little punk runs out the door, good luck justifying pulling the trigger. Even if he puts puts up his hands and starts trying to talk his way out of it, you're still looking at a minimum of voluntary manslaughter if you kill him
     
  2. mdcrim

    mdcrim Member

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    But of course the intruder in your home will be threatening you by speech or action. Oh, no one else was there to see it? But he was reaching for something and I thought it was a gun and I was scared for my life, with him being in my house and all. Oh, the shot in the back? I can explain that-he was facing away from my when he was reaching in his pocket...
     
  3. T8erman

    T8erman Well-Known Member

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    Ummm, Bob, by being in one's house illegally is "action" enough. As long as the intruder is INSIDE and the gun is legally registered, the homeonwener does not have much to fear from the legal system.

    "Your honor, I was fearful for mine and my families lives". Who is going to convict?????
     
  4. lilpea

    lilpea Member

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    Based on the Castle Doctrine and the Feb 08 Virginia Assembly Bill HB710 -

    " any degree of physical force, including 'deadly physical force' by a lawful occupant of an dwelling against an intruder"

    ..."shall be immune from civil liability for injuries or death of the other person (intruder)"

    as viewed by the summary of the House bill:
    http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB710
     
  5. jjenkins

    jjenkins New Member

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    lol. funny and yet so wrong :)
     
  6. hero

    hero New Member

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    Ah, perhaps the next to last state. At least it should be a tie.

    May I present Mr. Joe Horn in the fine state of Texas.

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

    Not saying he was right and not saying he was wrong. But it is good to remember that it doesn't really matter for two of the three involved in the incident.
     
  7. polar8825

    polar8825 Human Propulsion Expert

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    Mr. Linux, for the benefit of your immediate neighbors, please try NOT to aim SOUTH!![​IMG]
     
  8. stoner

    stoner Active Member

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    Just a comment on T8erman's last. Guns in VA are not "registered" - as in the state knows what you own and its serial numbers. There are many ways to legally obtain/possess a firearm, some of which include an approval by the VA state police firearms control activity, for weapons purchased from a federally licensed dealer, which indeed puts you and that weapon on their "register". But that only lasts as long as you - the original purchaser - owns it in Virginia. If I sell a "registered" gun to my next door neighbor, it is no longer registered with anyone. If I move into Virginia and bring my guns with me - no registration, etc.
     

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