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![]() "Kerryn Offord" wrote in message ... 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). In the UK (also NZ) there is a long history of owning long arms (rifle, shotgun), and basically they are 'easy' to buy. In NZ you can use a firearm for self defence... but you must be 'in fear of ....' for yourself or others. Using deadly force to protect property is frowned upon. If you do shoot someone... if you shoot them in the back, expect the police to take you to court. If the person is shot in the front, depending on circumstances (anything short of fatal), the police will not proceed. If the shooting is fatal a court (coroners) must determine whether there is a case to answer. Historically, for a shot in the front, while in fear of injury case, the court finds self-defence. The UK operates in a basically similar way. While I can't say about NZ, the UK differs substantially from USian practice in that people who defend themselves (in their own homes or elsewhere) are subject to routine second guessing as to the use of "excessive force" by prosecutors. It seems (from this side of the pond) that there's strong feeling among the "governing classes" that self-defense is illegimate until proven otherwise. This isn't a "guns" issue but a self-defense issue. In most places in the US, once an assailant crosses the line and begins an assault, a homeowner can escalate to any level of violence he feels is necessary to stop the assault. Note "assault" and _not_"battery". |
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"Paul F Austin" wrote in message
. .. While I can't say about NZ, the UK differs substantially from USian practice in that people who defend themselves (in their own homes or elsewhere) are subject to routine second guessing as to the use of "excessive force" by prosecutors. It seems (from this side of the pond) that there's strong feeling among the "governing classes" that self-defense is illegimate until proven otherwise. This isn't a "guns" issue but a self-defense issue. And this is largely thanks to a lot of misrepresentation and propaganda. Fundamentally, if someone attacks you, or breaks into your house, then you're allowed to use "reasonable force" to defend yourself, and anyone who says the force used was "unreasonable" has to convice prosecutors and a jury of that fact. Home invasion is unheard of where I live, and I certainly don't take any special precautions beyond proper security: but if some misguided individual *did* break in, then I would drive them away first and worry about the consequences second, and not worry overmuch about doing so - regardless of any injuries they might suffer in the meantime. One key test is that they not have too many injuries in their back: once they start running, you stop hurting them unless they show signs of turning around. (Hence, Tony Martin, who was convicted only for the last shot which he lied comprehensively about - unless you know of shotgun ammunition that can make a formation turn around corners.) Another is that you stay reasonably proportionate to the threat: burglars in the UK don't have guns (if they had guns they wouldn't be piddling about with burglary, unless you're being targeted for specific high-value goods) so shooting them is likely to raise eyebrows and maybe charges. On the other hand, the elderly may have more leeway: I used to shoot with a gentleman in his seventies (who owned and shot well two .44 Magnums and a .45 Long Colt) who kept a deactivated Lee-Enfield with fixed bayonet as a wall ornament in his bedroom, and was quite prepared to demonstrate the CQB drills he'd learned as a boy soldier on any intruders. At his age, of course, he would be old and frail and frightened (well, he did wear a copper bracelet because he had joint trouble, but refused to stop shooting). I'd be able to get away with the rifle (even my deact Type 56-1 makes a good club) but probably not the finely-honed and pre-fixed bayonet. For a young fit man that smacks of premeditation: for a 72-year-old war veteran and pensioner it's a petty foible recalling old memories (patriotic music swells, describing my friend's years of Navy service) or a misguided precaution (cue violin-led pathos as the defence explains the fear this man lived in) In most places in the US, once an assailant crosses the line and begins an assault, a homeowner can escalate to any level of violence he feels is necessary to stop the assault. Note "assault" and _not_"battery". The only difference in the UK is that the level of response has to be "reasonable". Which means that being "assaulted" by a musclebound thug in the middle of the night merits a much more vehement response, to being sworn at and threatened by a seven-year-old child on your lawn on a Sunday afternoon. Both are, after all, assault, although the likely consequences are very different. I presume multiple rounds of heavy-calibre gunfire are not *really* considered legal, sensible and rational responses to the second case, even in the US? If so, then the situation is less different than the propagandists would have you believe. -- Paul J. Adam |
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