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"B2431" wrote in message
... From: Kerryn Offord The culture clash is only over hand guns and using firearms for self defence (as a first line over and above getting out of there). Why should one be forced into "getting out of" his residence? You're not, in the UK. There's a general "duty of retreat" - if someone gets in your face and shouts insults, you're expected to back off rather than hit him, and if he pursues then his intentions are obviously hostile - but it's accepted that once in your own home you've run out of places to retreat to, and should not be forced to flee. I gather that doesn't apply in some US states, which is interesting. -- Paul J. Adam |
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"Paul J. Adam" wrote:
"B2431" wrote: Why should one be forced into "getting out of" his residence? You're not, in the UK. There's a general "duty of retreat" - if someone gets in your face and shouts insults, you're expected to back off rather than hit him, and if he pursues then his intentions are obviously hostile - but it's accepted that once in your own home you've run out of places to retreat to, and should not be forced to flee. I gather that doesn't apply in some US states, which is interesting. Some? Try ALL!! It's no wonder that so many European countries are exercising their "duty of retreat". If such a thing is indeed a legal principle, I imagine it stems from centuries of nobility/serf contacts, where the poor sod must never respond in kind to abuse from a nobleman. |
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![]() B2431 wrote: From: Kerryn Offord SNIP This should be qualified. The culture clash is only over hand guns and using firearms for self defence (as a first line over and above getting out of there). Why should one be forced into "getting out of" his residence? If you do that you have lost whatever edge you may have over the intruder. If the intruder intends harm he will follow you outside. *** I was talking about the attitude that grabbing a gun is the first thought, over and above the simple idea of 'getting out of there'. Where 'getting out of there' means getting out of whatever room the intruder is in (no need to leave the house, but you can. Avoiding a confrontation is the safest thing for most people. Your attitude seems to be.. "there is an intruder, let's go and kill the SOB". Me, I like to think my first thought, assuming there is nobody I'll be leaving in danger, is to get out of there and call the police. Personally, even if I had a gun (well I do, but its safely secured), will I be able to shoot someone? Rather than confront someone only to find I can't react swiftly enough, I'll try and avoid confrontation. Let's say you have 2 children each in his own room, do you retreat alone, take the time to grab one or both? In the time it takes to wake one child and convince him he has to leave his home the badguy is on top of you. *** Having others in the house means you have already reached the limit of retreat. You can't avoid a confrontation, so make your best move. Just don't use a hand gun, and that shotgun had better have been secured before you grabbed it. Think of how the jury would see it.. "I was defending my children." is a hard one to beat... just try to do it legally (no illegal weapons kept ready for self defence)... a cricket bat is a great weapon (a recent case: A man heard his daughter scream. He grabbed a cricket bat and slammed it into the person standing in the dark over his daughter's bed.... He was defending his family.. the police didn't even think of charging him.) OK, once you get outside then what? If the intruder follows you and is capable of harming you he will still do so. Fight back once you are outside? With what? At least you could get to the kitchen and grab a knife inside the home. What if the resident is unable to defend himself or herself for whatever reason? *** First off.. you don't have to get outside, just out of the room the intruder is in.. If he/she follows... well, you tried to avoid confrontation.... But anyway... there are neighbours... they are usually willing to answer the door when someone knocks on it (the won't even shoot you as you walk up the front path)... If the resident is unable to defend themselves for some reason, why would they want to confront the intruder? And, you want to attack someone using a kitchen knife? No thanks... to much chance of getting hurt (I have a 'stick'). There is no reason you can't grab a weapon as you withdraw from confrontation... just that it shouldn't be a hand gun (of course the only handgun/intruder shooting resulted in the death of the intruder (he was armed with a VHS cassette) and not much happened to the householder (in spite of all the laws he broke using a handgun.) If someone follows.. well, you tried to avoid confrontation... Let me ask you a question. Is the life of a criminal more important than yours? OK, you let the badguy in, what then? You now have NO defense. What if the badguy decides to rape you, your wife or child? What if he wants to beat a family member? Don't tell me the family member will get over it, I have seen life long physical and emotional injuries. Don't think that's bad enough? He's in a position to kill all of you to eliminate witnesses. Why allow the badguy to make the dicision to harm you? *** You are assuming that if there is an intruder it is a case of his life or mine... that might be how it is in the USA, its not what its like in NZ. There are very few intruder crimes in NZ (most burglaries are when the house is unoccupied. Most intruders, as soon as they realize someone is up and about will do a runner. There is no need to let an intruder into your house. You can defend the door. You can probably even get away with threatening to shoot someone to keep them out. I'm assuming the person has gained entry to the house... in that case, you want to think about getting out of there (if discovery doesn't cause them to do a runner)... You can't shoot to maim or wound because he can sue and probably win. You really can't wait until his intentions are clear. If you can get him to stop his attack without shooting do so, if not shoot. *** In NZ, if I shoot someone other than when they are running away, (or even walking away).. i.e., they are potentially a threat, I can shoot them and they cannot sue me.... as long as a jury considers it reasonable force. In Florida the magic number is 21 feet. If the badguy has started his attack and you shoot him dead he is likely to complete his actions up to 21 feet. You may have a house with 21 foot rooms, most of us don't. The decision to shoot has to be made in an instant. *** Biggest "room" (open plan dining/lounge) is about 30' long, Everything else will be less than 21'. This assumes you have a firearm to hand. Do you always carry a loaded firearm around your house? Me? I don't. If someone is in the house I'm going to make a noise and if that doesn't scare them away, I'll find something I can swing (stick, rolled up magazine or newspaper)... meanwhile I'll be calling the Police. Personally I just wouldn't think of using a gun. In case you are wondering it breaks my heart when accidents happen such as shooting one's own family member. Personally I want every citizen taught basic firearms safety even if they are opposed to owning guns. They can use fake guns. At the very least every child should be taught what to do if they find a firearm. The NRA's Eddie Eagle program does just that. *** The thing is, care to guess how many incidents there are in NZ where a house holder accidentally shoots a member of their household? I think the same number applies to UK, and probably even Australia. As I said, its a matter of attitude. In NZ and probably UK and Oz. Firearms are not the first response to an intruder. Dan, U.S. Air Force, retired |
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![]() "B2431" wrote in message ... From: Kerryn Offord Dweezil Dwarftosser wrote: Jim Doyle wrote: "Jim Yanik" wrote: SNIP Well, there is a definite historical culture clash between Brits and Americans concerning personal ownership of firearms (and that alone is hard to overcome) - but it actually goes much deeper than the legal mechanics of private gun ownership. SNIP This should be qualified. The culture clash is only over hand guns and using firearms for self defence (as a first line over and above getting out of there). Why should one be forced into "getting out of" his residence? If you do that you have lost whatever edge you may have over the intruder. If the intruder intends harm he will follow you outside. Let's say you have 2 children each in his own room, do you retreat alone, take the time to grab one or both? In the time it takes to wake one child and convince him he has to leave his home the badguy is on top of you. OK, once you get outside then what? If the intruder follows you and is capable of harming you he will still do so. Fight back once you are outside? With what? At least you could get to the kitchen and grab a knife inside the home. What if the resident is unable to defend himself or herself for whatever reason? Let me ask you a question. Is the life of a criminal more important than yours? OK, you let the badguy in, what then? You now have NO defense. What if the badguy decides to rape you, your wife or child? What if he wants to beat a family member? Don't tell me the family member will get over it, I have seen life long physical and emotional injuries. Don't think that's bad enough? He's in a position to kill all of you to eliminate witnesses. Why allow the badguy to make the dicision to harm you? No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. The sole problem I have is with the very blurred distinction between the two, and the trigger happy nature with which a large number of Americans (taking Usenet posters as my only regular contact with Americans) seem happy to deal with in these situations. Again, I think this boils down largely to a difference between our two countries. Although the UK has crime, just as any other country, I have never heard in all my years of such an incident as you describe above. Although sadly, there's always a possibility that this may happen, we do not live in fear of such horrors. If you do in America, then I completely understand your motives for owning a weapon for home defence. But do you really live in fear of this? Can I ask of the circumstances you found yourself in when you drew your weapon? You can't shoot to maim or wound because he can sue and probably win. You really can't wait until his intentions are clear. If you can get him to stop his attack without shooting do so, if not shoot. In Florida the magic number is 21 feet. If the badguy has started his attack and you shoot him dead he is likely to complete his actions up to 21 feet. You may have a house with 21 foot rooms, most of us don't. The decision to shoot has to be made in an instant. In case you are wondering it breaks my heart when accidents happen such as shooting one's own family member. Personally I want every citizen taught basic firearms safety even if they are opposed to owning guns. They can use fake guns. At the very least every child should be taught what to do if they find a firearm. The NRA's Eddie Eagle program does just that. That's interesting and refreshing to see, genuinely. I have taken the impression from the majority of post over the past couple of days that there is a general blasé attitude toward firearms and killing in the US. I have very limited knowledge of the NRA, but from what I can see they seem to promote firearm awareness and safety - which can't be bad in anyone's book. Are all firearms owners in the US members of the NRA? Jim Doyle Dan, U.S. Air Force, retired |
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"Jim Doyle" wrote in
: No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. But it's the CRIMINAL'S risk. OTOH,you would rather have the ODC bear the risks. And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. -- Jim Yanik jyanik-at-kua.net |
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![]() "Jim Yanik" wrote in message .. . "Jim Doyle" wrote in : No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. But it's the CRIMINAL'S risk. OTOH,you would rather have the ODC bear the risks. 'ODC' - surely that would indicate a responsibility to preserve life? And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? Otherwise you'd pursue a non-lethal method of self-protection. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. -- Jim Yanik jyanik-at-kua.net |
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![]() "B2431" wrote in message ... From: "Jim Doyle" "Jim Yanik" wrote in message . .. "Jim Doyle" wrote in : No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. But it's the CRIMINAL'S risk. OTOH,you would rather have the ODC bear the risks. 'ODC' - surely that would indicate a responsibility to preserve life? And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? Otherwise you'd pursue a non-lethal method of self-protection. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. -- Jim Yanik jyanik-at-kua.net It is simply NOT a matter of being judge, jury and executioner. Shooting is not the first choice. If the badguy doesn't retreat and you feel threatened then it's the badguy's fault, no one else's. The application of lethal force seems to be little else - this is the issue I have with the use of firearms by untrained individuals for home protection. Let's try a nonlethal analogy. Badguy enters your house and threatens your children. You break his knee cap with a 9 iron. Badguy will never walk normal again. Whose fault is it? The badguy set up the scenario, the badguy committed a felony just entering an occupied dwelling (ever notice the penalties are higher for occupied dwellings than for unoccupied? There's a reason) The bad guy made threats. You have to act. As an aside, I used to teach NRA courses including home protection. The word kill is never used and part of the course is taught by a lawyer and/or a law enforcement officer. We teach to "stop" the aggressor. If that means you have to kill then do it. In the United States laws suits are too common. The 9 iron scenario above would most likely result in the home owner being sued with the bad guy winning. I understand what you are explaining. I think it a little odd that, it at least seems, people can be prepared to kill to avoid court action. Dan, U.S. Air Force, retired |
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"Jim Doyle" wrote in
: "B2431" wrote in message ... From: "Jim Doyle" "Jim Yanik" wrote in message . .. "Jim Doyle" wrote in : No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. But it's the CRIMINAL'S risk. OTOH,you would rather have the ODC bear the risks. 'ODC' - surely that would indicate a responsibility to preserve life? And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? Otherwise you'd pursue a non-lethal method of self-protection. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. -- Jim Yanik jyanik-at-kua.net It is simply NOT a matter of being judge, jury and executioner. Shooting is not the first choice. If the badguy doesn't retreat and you feel threatened then it's the badguy's fault, no one else's. The application of lethal force seems to be little else - this is the issue I have with the use of firearms by untrained individuals for home protection. Let's try a nonlethal analogy. Badguy enters your house and threatens your children. You break his knee cap with a 9 iron. Badguy will never walk normal again. Whose fault is it? The badguy set up the scenario, the badguy committed a felony just entering an occupied dwelling (ever notice the penalties are higher for occupied dwellings than for unoccupied? There's a reason) The bad guy made threats. You have to act. As an aside, I used to teach NRA courses including home protection. The word kill is never used and part of the course is taught by a lawyer and/or a law enforcement officer. We teach to "stop" the aggressor. If that means you have to kill then do it. In the United States laws suits are too common. The 9 iron scenario above would most likely result in the home owner being sued with the bad guy winning. I understand what you are explaining. I think it a little odd that, it at least seems, people can be prepared to kill to avoid court action. Yes,that IS a sad state of affairs,that people defending themselves would be prosecuted for injuries suffered by the criminal while in the act of committing the crime. -- Jim Yanik jyanik-at-kua.net |
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