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CommiePunk
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Quote:
Originally Posted by rationalappeal View Post
Do you have a CCW? Do you know the legalities behind a shooting when you possess a CCW? Laws are different in every state, however a majority if not all of them have a duty to retreat clause, except when a castle doctrine is in effect, in which there is no Duty to Retreat... a public street isn't, and will never be mentioned in any Castle Doctrine.

Florida has a "stand your ground" act that applies in all places, not just your house. nice try though.
Old 01-22-2010, 05:14 AM CommiePunk is offline  
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#46  

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Coqui
 
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Quote:
Originally Posted by rationalappeal View Post
1) Ohio. I live in Ohio, have a CCW in Ohio, and it has this stipulation.

I'd look for another, but I'm drinking and I'm going out to the bar.

Let's follow Ohio's rules here:

Quote:
Condition 1: Defendant Is Not At Fault
While there was a verbal altercation, (which we are not sure who started it), according to the video, the person who drew the gun only did so after being physically pushed. Again we can't hear the discourse between them so we don't know if a threat was issued.

Quote:
Condition 2: Reasonable and Honest Belief of Danger
The Person who pushed him was not the person who came after him after he drew the gun. That means two on one. That is enough to satisfy the condition.

Quote:
Condition 3: Duty to Retreat
Let's look into this one further:

Quote:
A defendant must show that he did not have a duty to retreat or avoidthe danger. A person must retreat or avoid danger by leaving or voicinghis intention to leave and ending his participation in the confrontation.
The shooter backed away approximatly 10 feet before firing. In a hostile situation where you are outnumbered, if you are to retreat, you do so facing both possible assailants. He was right to have the gun drawn (as he had every intention of using it) as he retreated. The assailant still came after him at a faster rate than he retreated. Therefore, the last part of this condition:

Quote:
If the person retreats and the other continues to fight, the person wholeft the confrontation may be later justified in using deadly force
is met.
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Old 01-22-2010, 06:17 AM Coqui is offline  
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#47  

f00ker
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Coqui wins the thread.

Thanks buddy, I was done dealing with that retard.
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Old 01-22-2010, 01:01 PM f00ker is offline  
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#48  

rationalappeal
 
If you read my original post I said I felt the shooting was justified....
Old 01-22-2010, 02:18 PM rationalappeal is offline  
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#49  

vile1
 
http://www.myfoxphilly.com/dpp/news/...After_Shooting

They are crucifying the shooter and making the punk that rushed the guy into a "Hero."
Read what a family spokesperson has to say:

FUCKED UP SHIT:
""We want everyone to know that Eddie is our hero. He stepped in front of his two friends when they were presented with a .38-caliber gun that was being pointed at them. He took two bullets to the chest from four-and-a-half feet away, and within six seconds he was shot six times."

Keep watching the videos that continue once the first video is over, its a continuing story. They keep saying that the "victims" were out doing "Chin-ups" (at fucking 2am?!?) when the shooter "Bumped" into them and then pulled a gun on them when they decided to follow him.

This is man.
Old 01-22-2010, 05:39 PM vile1 is offline  
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#50  

f00ker
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Absolute .

http://www.myfoxphilly.com/dpp/news/...obref=obinsite

At least the readers of this article have a fucking brain.
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Last edited by f00ker; 01-22-2010 at 05:53 PM..
Old 01-22-2010, 05:47 PM f00ker is offline  
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#51  

StarDeath13
 
Thats news story is Anti-gun media spew, Unless they can prove the shooter started the incident and then escalated it with threats of shooting, And then after that is what the video shows. I highly doubt thats the circumstances as no one is out at 2:30 am doing chin ups in a group of males and then several aggressively go after a single man.

The shooter is a law student, Im rather sure he knew what requirements needed to be met before he could use his weapon. But that doesn't mean he was smart enough to not start everything before the video starts and then escalate it further.

I have no doubt a DA will pick this up the way the media is reacting which puts pressure on them to investigate enough into it to see if they can make a case. In most cases id say the video would be enough to show it was self defense and not waste the DA's time.

I feel he will have little to no charges pressed, But the civil law suit will be big.
Online gun forum members fear civil suits much more that legal cases.
Old 01-23-2010, 09:09 AM StarDeath13 is offline  
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#52  

The Unflushable Turd
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Quote:
Originally Posted by f00ker View Post
Absolute .

http://www.myfoxphilly.com/dpp/news/...obref=obinsite

At least the readers of this article have a fucking brain.

Holy shit charged with attempted murder wow that is fucked up, i hope this guy beats this bull shit.
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Old 01-23-2010, 09:58 AM The Unflushable Turd is offline  
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#53  

_mike_
 
someone who carries a gun shouldn't be getting involved in conflicts unless they plan on keeping their gun out of it, no matter what (minus another gun i guess). you can't start a fight and then decide you're in danger and shoot someone because he's about to beat your face in.

edit: sure i'm retarded and wrong but i hate not being able to stand up for myself out of fear of being shot.
Old 01-23-2010, 12:19 PM _mike_ is offline  
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#54  

eod
 
Problem was he drew his gun. Once the guy came at him for the gun he had no choice but to fire as the attacker could use it against him.
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Old 01-23-2010, 12:46 PM eod is offline  
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#55  

Chadwick
 
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Quote:
Originally Posted by BPJ View Post


Find me the statute in two states that has a duty to retreat stipulation for permit holders.
I have concealed carry licenses in Oregon, Washington, and Utah. All three of them have duty to retreat. I know Oregons laws concerning concealed carry the best of the three, and it contains a retreat clause. Outside of the Castle Doctrine, you have to make an attempt to flee before shooting. Whereas in the Castle Doctrine you have the right to defend your home, and "stand your ground"

and I think the shooting was justified without knowing anything other than what the video showed or the articles said
Old 01-23-2010, 03:10 PM Chadwick is offline  
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#56  

Chadwick
 
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I redact my original statement after spending the last several hours scouring Oregon's state code. Oregon originally had a retreat clause, but it was initially repealed in 1971, and the repeal was upheld by the state supreme court in 2006.

I was definitely taught that there was such a clause in my CCW class, and I am kind of surprised by this.

http://www.leg.state.or.us/ors/161.html Oregons state code on the subject. Starting at 161.209

http://www.handgunlaw.us/documents/ORSCSelfDefense.pdfThe supreme court ruling on the matter
Old 01-23-2010, 04:06 PM Chadwick is offline  
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#57  

Coqui
 
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Quote:
Originally Posted by _mike_ View Post
someone who carries a gun shouldn't be getting involved in conflicts unless they plan on keeping their gun out of it, no matter what (minus another gun i guess). you can't start a fight and then decide you're in danger and shoot someone because he's about to beat your face in.

edit: sure i'm retarded and wrong but i hate not being able to stand up for myself out of fear of being shot.

We don't know who started the fight. And no offense, but I'm not going to take 5 seconds to find out if you have a gun before I draw my gun.
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Old 01-25-2010, 11:56 AM Coqui is offline  
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#58  

Caelum
 
Quote:
Originally Posted by vile1 View Post
http://www.myfoxphilly.com/dpp/news/...After_Shooting

Keep watching the videos that continue once the first video is over, its a continuing story. They keep saying that the "victims" were out doing "Chin-ups" (at fucking 2am?!?) when the shooter "Bumped" into them and then pulled a gun on them when they decided to follow him.

Yeah even the news reporter said after the bump, the guy who got shot and his buddies followed the shooter and then, in the footage we've seen, they attack him. Looks pretty justified to me.

The shooter wasn't following anyone looking for a fight...what a bunch of horse shit
Old 01-25-2010, 12:03 PM Caelum is offline  
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#59  

zsu2357
 
Quote:
Originally Posted by Caelum View Post
Yeah even the news reporter said after the bump, the guy who got shot and his buddies followed the shooter and then, in the footage we've seen, they attack him. Looks pretty justified to me.

The shooter wasn't following anyone looking for a fight...what a bunch of horse shit

Yeah I watched the video several times and though fuzzy, it didn't appear to me he was the
aggressor, so I agree it was justified.
Old 01-25-2010, 11:02 PM zsu2357 is offline  
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