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View Full Version : I wonder what they will charge her with?



dan_bgblue
02-08-2014, 01:46 PM
California homeowner foils home invasion attempt by firing shotgun (http://www.foxnews.com/us/2014/02/08/california-homeowner-foils-home-invasion-attempt-by-firing-shotgun-police-say/?intcmp=latestnews)

suncat05
02-08-2014, 03:33 PM
I heard about this last night on "Cam & Co.", NRA News on the Sportsmans Channel. Cam even said that the lady said she heard one of the suspects say "Let's get out of here, that b*%ch has a gun!".
So if they knew it was woman firing the shot, they had most likely been casing the place and assumed that she was defenseless. Too bad she didn't cap one or both of them!
And just how can they prosecute her after Biden says "get a shotgun, fire it into the air!"? I don't care if it is 'Commiefornia', after he said that they have no prosecutorial leg to stand on! None! :idea:

dan_bgblue
02-08-2014, 04:07 PM
She said she shot it into the ground, a direct violation of Vice Presidential Decree.

DanISSELisdaman
02-08-2014, 05:26 PM
I think PETA may get involved in this case. I mean, who knows how many worms she killed or injured in this unlawful act.

CitizenBBN
02-08-2014, 05:38 PM
In Cali they have easy grounds to charge her. They weren't in the home or attempting to enter it I don't think, they were outside. If this weren't an obviously poor PR move it's an easy prosecution there.

Proper procedure is a bit more harsh. Wait till they get in the house, then shoot, and not for warning. That's what the law says you should do.

Of course I think it's all fine, other than that they got away without even a limp.

dethbylt
02-09-2014, 10:06 PM
Yep, shoot to kill, not to warn. That is, by the word of law.

Darrell KSR
02-10-2014, 09:42 AM
In Cali they have easy grounds to charge her. They weren't in the home or attempting to enter it I don't think, they were outside. If this weren't an obviously poor PR move it's an easy prosecution there.

Proper procedure is a bit more harsh. Wait till they get in the house, then shoot, and not for warning. That's what the law says you should do.

Of course I think it's all fine, other than that they got away without even a limp.

I've told this story before. But Shelby County, Alabama is very pro gun, conservative, 2nd Amendment protectors, man's home is his castle, etc., where I live just outside city limits of Birmingham.

So I was taking a citizen's handgun defense course from the Shelby County sheriff's department and during a break, one of the students engaged the instructor deputy with hypothetical about intruders, trespassers, etc. The guy was a far bigger egghead than me, and finally asked some question about whether it would "look bad" if he shot someone more than once.

The deputy looked at him incredulously, then probably figured he was from California (no offense, Coastie) and replied, "if you've got the right to shoot him once, you've got the right to shoot him six times. Keep pulling the trigger until it stops going bang."

He then added something about evidentiary proof then being limited to the one who remained living. Even that guy got the message.

via mobile app

suncat05
02-10-2014, 09:56 AM
The rule, according to the Use of Force Matrix, is shoot until the threat ceases. There's a lot of leeway there. If the assailant is still moving, keep shooting.

But that's just me. I can justify every round used.

Darrell KSR
02-10-2014, 10:07 AM
The law in Alabama is clear. If you're in reasonable fear of serious bodily harm or death, you are entitled to use reasonable force, including deadly force, in self defense. No need to worry about the number of shots. Just what is reasonable.

Shelby County deputy advised that it's reasonable to shoot until your gun stops shooting. I live here, know the prosecutors and district attorneys, the judges and the people who sit on juries and grand juries. The deputy knew his stuff :).

CitizenBBN
02-10-2014, 04:11 PM
About the only time I've seen anyone prosecuted for continuing to shoot is when they are in a quickie mart with cameras, drop the bad guy, then walk over, stand over him while he's not moving and finish him off. I doubt many have been convicted even in that case.

The Ky carry class mirrors Bama law and suncat's statement, you shoot till there is no more threat. I imagine if you chased a wounded intruder down the street and shot up his car as he sped off you may have an issue there, but suffice to say you don't shoot to scare someone.

Sometimes warning shots work out, there are cases where it happens, but it's a bad policy, largely b/c people tend to do like this lady and take a warning shot when discharging the firearm is really premature. All too often they hit or nearly hit something they never intended.

You don't fire till there is a threat and when there is you shoot to eliminate, not deter, the threat.

dan_bgblue
02-10-2014, 04:59 PM
I generally fire a warning shot with the Brrett .50. When that thing goes off elephants turn tail and hustle off.

CGWildcat
02-13-2014, 11:00 AM
None taken, as I'm not FROM California. :) And not to ping off this thread, but here's the thing about California having lived here almost 9 years now....If you live in Sonoma County (I do), Napa County, or Marin County (San Francisco) or the Bay area as a whole which is (striclty a guess here, but about the size of a complete circle with Lexington the mid-point and Louisville the outer reach), plus throw in LA/Hollywood. You are going to have a tough time with all the local, city taxes on top of state and federal. PLUS, its the EPICENTER of stupidity when it comes to everything else any self respecting, constitutional, Jesus believing, 2nd Amendment loving, baby back rib eating, American loves. When you look at a voting map, those two areas are blue, the rest of the state is completely RED!


The deputy looked at him incredulously, then probably figured he was from California (no offense, Coastie) and replied, "if you've got the right to shoot him once, you've got the right to shoot him six times. Keep pulling the trigger until it stops going bang."

via mobile app

CGWildcat
02-13-2014, 11:07 AM
A pretty good example of "crossing the line" http://www.nbcnews.com/id/43710936/ns/us_news-crime_and_courts/t/oklahoma-pharmacist-sentenced-life-killing-would-be-robber/

CitizenBBN
02-13-2014, 11:33 AM
A pretty good example of "crossing the line" http://www.nbcnews.com/id/43710936/ns/us_news-crime_and_courts/t/oklahoma-pharmacist-sentenced-life-killing-would-be-robber/

Wow, that's the exact case I was thinking of in my post. The reason he was convicted is the guy he shot was down and the video camera was on him the whole time, and he was clearly incapacitated IF you happen to be watching the video. This guy had enough time to get a 2nd gun and come back and finish the guy off, shooting him 5 more times.

That's where the Ky carry class discussion draws the line. They even use the phrase "finish him off". Once the threat is removed, your justification for force is removed. That's a gray area, is the guy still a threat or not, but in this case it's the video that got him b/c the guy sure didn't look like a threat at all.

Had he shot 5-6 times all in that first exchange and that killed him he walks away with no charges, bc that entire time he could have been a threat. After he's laying there minutes doing nothing he's probably not. Personally I might not vote to convict b/c I wasn't there, I wasn't feeling the fear and adrenaline rush and he didn't have the benefit of just watching this guy the whole time on video, but clearly the jury in this case didn't feel the same way. Also bc this pharmacist didn't bust into this guy's house to rob him, this guy did, I can't work up too much sympathy for what became of him when he did that.

CGWildcat
02-13-2014, 11:36 AM
CRAP, I'm thinking like Citizen now.....The end is near!

CitizenBBN
02-13-2014, 12:35 PM
CRAP, I'm thinking like Citizen now.....The end is near!

You sir, are doomed. :)

KeithKSR
02-13-2014, 06:00 PM
Warning shots get you killed, and are a waste of ammo.

suncat05
02-14-2014, 07:05 AM
Warning shots get you killed, and are a waste of ammo.

Maybe it's just me, but why put a valuable round into the ground when its purpose is much better served by using it for its intended purpose, which is for it to go INTO THE BAD GUY!
I'm just sayin' ...........