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  #46 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Quote:
Originally Posted by MattLarson View Post
Here it is:

Committee OKs gun registry changes -- chicagotribune.com

There is zero proof gun registration schemes serve to reduce crime. They just interfere with law-abiding citizens ability to defend themselves from predatory felons.

Matt


I don't thnk the intent is to reduce crime. You can make a case that it keeps felons or crazy people from buying guns from federally licensed dealers which is OK, but otherwise its just putting a marker on you so they'll know where to go when the grabbing begins.
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  #47 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Quote:
Originally Posted by John Drake View Post
When they affect my chances of continued survival, damned right they are.
In what way does my exercise of my rights endanger you?
Quote:
Originally Posted by John Drake View Post
And if I ever require rescue from a life and death situation you can search my house or even arrest me w/o counsel, just so long as you get me out of there.
That is YOUR choice. Do NOT presume the rest of us think that way.
Quote:
Originally Posted by John Drake View Post
We have this strange view in the US that, under certain circumstances, we have the LEGAL ability to resist the police with force and further, that the police then have to respect this "right" of ours to try and kill them.
Actually, we DO have that legal right, and in point of fact, it is explicitly codified into law in at least ONE state, and backed up by case law in a few others.
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Originally Posted by John Drake View Post
Any small examination of this belief should reveal the utter nonsense this must be,
How is it nonsense?
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Originally Posted by John Drake View Post
but I am still constantly surprised at the number of people who think police are somehow obligated to respect their 'right' to deprive their children of a father/mother.
Nobody is claiming any right do deprive another of his life, except you of course.
Quote:
Originally Posted by John Drake View Post
If you are arrested illegally you can sue later;
MAYBE you can. That assumes you actually can get out of jail.
Quote:
Originally Posted by John Drake View Post
if you resist, you have still committed a serious crime and expose yourself to legal physical harm.
Not entirely true. As pointed out, in at least one state, the right and legal authority to resist an unlawful arrest is explicitly codified into law.
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  #48 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Quote:
Originally Posted by John Drake View Post
I asked you to read the articles and find fault with their sources, if you can.
No problem. Pick one - I'll happily find fault.
Quote:
Originally Posted by John Drake View Post
Also, I said the NRA leadership are liars who aid and abet criminals, however, they can be quite unbiased sometimes.
Quite a claim there. Have proof of it, or do you just enjoy slandering 4 million people?
Quote:
Originally Posted by John Drake View Post
Please give me a link of some kind explaining how this law without penalties works. (and do you mean because he's not supposed to have the gun and you're penalising him for that instead? that seems somewhat disingenuous IMO. or do you mean he cannot be criminally prosecuted if he already has the weapon, and wouldn't that be a consequence of the fact that we have no way of knowing he has it?)
Short answer is, a felon cannot be charged with failing to register a firearm as it is a direct violation of his 5th Amendment protections against self-incrimination.
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  #49 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Quote:
Originally Posted by daddio View Post
I don't thnk the intent is to reduce crime. You can make a case that it keeps felons or crazy people from buying guns from federally licensed dealers which is OK, but otherwise its just putting a marker on you so they'll know where to go when the grabbing begins.

You can't really make that argument, either. Firearms dealers are required to run the potential purchaser's ID thru NICS proir to allowing the firearms purchase.
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  #50 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by CYDdharta View Post
You can't really make that argument, either. Firearms dealers are required to run the potential purchaser's ID thru NICS proir to allowing the firearms purchase.


isn't that what I said ?

so you get the benefit of screening the buyer which is fine. but once screened, the information is useless and, as I'm recalling just now, in VA that information goes away after a period of time (a month or two ? not sure).
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  #51 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

The NICS check info is discarded in all states (it's a federal program).

Matt
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  #52 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by daddio View Post
isn't that what I said ?

so you get the benefit of screening the buyer which is fine. but once screened, the information is useless and, as I'm recalling just now, in VA that information goes away after a period of time (a month or two ? not sure).
It didn’t sound that way. We already screen potential gun purchasers with the National Instant Criminal Background Check System, so there will be no added benefit from a national registry. Each state has its own statutes, but as far NICS records go, the records are kept no longer than 24 hours.
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  #53 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by CYDdharta View Post
It didn’t sound that way. We already screen potential gun purchasers with the National Instant Criminal Background Check System, so there will be no added benefit from a national registry. Each state has its own statutes, but as far NICS records go, the records are kept no longer than 24 hours.



ok, I get it

and yes, national registry bad
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  #54 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by EricOKC View Post
In what way does my exercise of my rights endanger you?

That is YOUR choice. Do NOT presume the rest of us think that way.

Actually, we DO have that legal right, and in point of fact, it is explicitly codified into law in at least ONE state, and backed up by case law in a few others.

Can you provide a link w/explanation

How is it nonsense?
How can I ask people not to defend their lives?
Nobody is claiming any right do deprive another of his life, except you of course.
How are you going to defend yourself with your gun unless you at least have the possiblllty of shooting somebody. Are the guns of good NRA members like in the A Team, where thousands of bullets are shot and noone is injured?

MAYBE you can. That assumes you actually can get out of jail.
I think I'll be able, after all this isn't Afghanistan

Not entirely true. As pointed out, in at least one state, the right and legal authority to resist an unlawful arrest is explicitly codified into law.
Again, link please
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  #55 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by EricOKC View Post
No problem. Pick one - I'll happily find fault.

Quite a claim there. Have proof of it, or do you just enjoy slandering 4 million people?

Short answer is, a felon cannot be charged with failing to register a firearm as it is a direct violation of his 5th Amendment protections against self-incrimination.
Your Choice

I said the leadership, members are well meaning dupes. I submit their policeis as proof

Yeh, yeh, but he is penalized for having the gun, which is the same thing.
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  #56 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
Again, link please
Here ya go - subchapter C, Section 9.31(c): The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the
peace officer (or person acting at his direction) uses or attempts
to use greater force than necessary to make the arrest or search;
and
(2) when and to the degree the actor reasonably
believes the force is immediately necessary to protect himself
against the peace officer's (or other person's) use or attempted use
of greater force than necessary.

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Also, you said:
Quote:
How can I ask people not to defend their lives?
How are you going to defend yourself with your gun unless you at least have the possiblllty of shooting somebody. Are the guns of good NRA members like in the A Team, where thousands of bullets are shot and noone is injured?
Self-defense is a legitimate exercise of a right. The attacker HAS no right to harm another, and thereby chooses to accept the consequences of his actions. If those consequences involve him getting shot - too bad.

And yes, the guns of MOST gun owners are never used against another human being. There are over 300 million firearms and over 100 million firearm owners in this country. The vast majority of them NEVER harm another human being with them.
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  #57 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
Your Choice

I said the leadership, members are well meaning dupes. I submit their policeis as proof

Yeh, yeh, but he is penalized for having the gun, which is the same thing.
No, it isnt the same thing. Laws which require the law abiding to register will ONLY be used against the law abiding. As they will not, and legally in fact CANNOT be used against the felon in possession, they cannot meet their stated purpose in addition to being illegal.

Government was not granted the authority to control civilian ownership of weapons, hence it does not have said authority.
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  #58 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by EricOKC View Post
Here ya go - subchapter C, Section 9.31(c): The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the
peace officer (or person acting at his direction) uses or attempts
to use greater force than necessary to make the arrest or search;
and
(2) when and to the degree the actor reasonably
believes the force is immediately necessary to protect himself
against the peace officer's (or other person's) use or attempted use
of greater force than necessary.

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Also, you said:

Self-defense is a legitimate exercise of a right. The attacker HAS no right to harm another, and thereby chooses to accept the consequences of his actions. If those consequences involve him getting shot - too bad.

And yes, the guns of MOST gun owners are never used against another human being. There are over 300 million firearms and over 100 million firearm owners in this country. The vast majority of them NEVER harm another human being with them.
Read the law again, it says that one can defend oneself "if the officer acts BEFORE the actor offers any resistance or if the actor 'reasonably believes the force is necessary to protect himself' and then only if immediately necessary to protect oneself" etc.

In other words, if the cop just walks up and starts beating you, you can fight back.

So yeh, you may have a point here, but it doesn't go as far as you seem to be thinking. You do have a right to protect yourself from harm IF SOMEONE ELSE IS INFLICTING IT ON YOU (OR ABOUT TO) AND YOU HAVE NOT RESISTED

You are NOT given carte blanche to resist arrest, even if you DO think it's illegal. That's what false arrest suits are for

Maybe you weren't positing that. If so I misunderstood.

And in any case, look back at my other posts. I said that I understood what the cops did in New Orleans and I would do it myself in similar circumstances, not that I thought it was proper or even legal. Desperate times, however, do sometimes call for desperate measures

And yes, thankfully most guns are never used against people, that isn't what I asked. My question was how do you go about defending yourself with a gun without at least a very real threat that you will shoot somebody?
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  #59 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Quote:
Originally Posted by John Drake View Post
Read the law again, it says that one can defend oneself "if the officer acts BEFORE the actor offers any resistance or if the actor 'reasonably believes the force is necessary to protect himself' and then only if immediately necessary to protect oneself" etc.

In other words, if the cop just walks up and starts beating you, you can fight back.

So yeh, you may have a point here, but it doesn't go as far as you seem to be thinking. You do have a right to protect yourself from harm IF SOMEONE ELSE IS INFLICTING IT ON YOU (OR ABOUT TO) AND YOU HAVE NOT RESISTED

You are NOT given carte blanche to resist arrest, even if you DO think it's illegal. That's what false arrest suits are for

Maybe you weren't positing that. If so I misunderstood.
You did misunderstand.
Quote:
Originally Posted by John Drake View Post
And in any case, look back at my other posts. I said that I understood what the cops did in New Orleans and I would do it myself in similar circumstances, not that I thought it was proper or even legal. Desperate times, however, do sometimes call for desperate measures
I don't understand what they did. It was theft under color of law, plain and simple.
Quote:
Originally Posted by John Drake View Post
And yes, thankfully most guns are never used against people, that isn't what I asked. My question was how do you go about defending yourself with a gun without at least a very real threat that you will shoot somebody?
I addressed that - and my lawful self defense endangers nobody's rights. As I pointed out, an attacker has no right to do me harm, and every reason to expect he will get hurt in the process if he chooses to do so.
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  #60 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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I would be disturbed if I didn't realize this admitted overreaction was a reply by police to having people shoot at them before while they were trying to save lives.

Like it or not, no police dept anywhere is going to 'play fair' with people who are trying to kill them. They probably view our paranoia about our guns with amused bemusement until it threatens their lives and then the gloves come off. I may or may not agree with the legality of what they do then but I understand it, and would probably do the same thing in their place.

And were I waiting for a helicopter on my rooftop I wouldn't feel at all good about seeing my neighbor, who I know thinks FEMA is a Russian plot, on his along with his entire firearms collection
The Sheriff of my parish also ordered that guns be confiscated. They didn't go house to house but there was a much talked about instance where deputies boarded a boat and took two rifles and refused to give a receipt. No one was shooting at helicopters or the police in my city but the Sheriff reacted anyway. I can guarantee you that they would have had to take my guns by force because law enforcement was spread thin and had any looters came on my street, I wanted to be able to stop them from stealing from me or my neighbors.
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