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#251 2005-04-10 12:42 pm
Re: Florida Residents: Open Fire!
MrJ in OZ wrote:
I have grown weary of this flame war. make ur cracks if you please it's taking away from my work and from reading other threads/posts. If I makes you feel better, Im swrong wherever, whatever. I'll find some way to live with that I suppose.
I'm sorry I made you feel that way.
Just like back in Saigon! Eh, slick?
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#252 2005-04-10 1:55 pm
- iBubba
- Displaced

- From: central Iowa
- Registered: 2000-10-06
- Posts: 7109
Re: Florida Residents: Open Fire!
Classic Steyrism 
"Hell, I'm sure Og had some cool way of banging two rocks together, until he took himself too seriously."
- Pithecanthropus
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#253 2005-04-10 2:16 pm
- charon
- doesn't make change
- From: DC
- Registered: 2003-05-06
- Posts: 5360
Re: Florida Residents: Open Fire!
iBubba wrote:
robco wrote:
bratboy wrote:
Do you believe there should be a punishment if someone is genuinely mistaken about a supposed "threat" in public?
Yes. But that what the judiciary is for, isn't it? If the judge/jury feels that the person was legitimately threatened - or had reason to believe so, then they were justified. If not, then they're punished.
Who determines if someone actually felt threatened? Is the court going to summon the resident empath to judge this?!
To prove that someone committed the tort of assault (which means, in this context, being threatened by someone) requires proving just that. That tort has been around for a long time, as it's part of the common law. So apparently courts don't find it too difficult to prove one way or another. Not too different, I guess, from establishing that murder is premeditated. For that matter, I believe there are already statutory limits on threatening other people.
Last edited by charon (2005-04-10 4:03 pm)
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#254 2005-04-10 8:33 pm
- bratboy
- keeping the poor down
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 34270
Re: Florida Residents: Open Fire!
charon wrote:
To prove that someone committed the tort of assault (which means, in this context, being threatened by someone) requires proving just that. That tort has been around for a long time, as it's part of the common law. So apparently courts don't find it too difficult to prove one way or another. Not too different, I guess, from establishing that murder is premeditated. For that matter, I believe there are already statutory limits on threatening other people.
...the stakes are quite different, though.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#255 2005-04-10 9:33 pm
- iBubba
- Displaced

- From: central Iowa
- Registered: 2000-10-06
- Posts: 7109
Re: Florida Residents: Open Fire!
charon wrote:
iBubba wrote:
robco wrote:
Yes. But that what the judiciary is for, isn't it? If the judge/jury feels that the person was legitimately threatened - or had reason to believe so, then they were justified. If not, then they're punished.
Who determines if someone actually felt threatened? Is the court going to summon the resident empath to judge this?!
To prove that someone committed the tort of assault (which means, in this context, being threatened by someone) requires proving just that. That tort has been around for a long time, as it's part of the common law. So apparently courts don't find it too difficult to prove one way or another. Not too different, I guess, from establishing that murder is premeditated. For that matter, I believe there are already statutory limits on threatening other people.
If you blow someone away in a paniced frenzy - if you truly feel threatened regardless of the intent of the recipient of your bullet - WHO THE F*CK IS GOING TO TELL YOU YOU WERE WRONG FOR BEING SCARED SH*TLESS?!?
Last edited by iBubba (2005-04-10 9:33 pm)
"Hell, I'm sure Og had some cool way of banging two rocks together, until he took himself too seriously."
- Pithecanthropus
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#256 2005-04-10 10:44 pm
- KingFred
- is enjoying his status as
- Royal Wombat

- Registered: 2002-05-09
- Posts: 7541
Re: Florida Residents: Open Fire!
No one has come up with a sensible reason yet why the "first attempt to flee or avoid confrontation before moving right up to blasting" part needs to be done away with. Why does avoiding the conflict need to be removed as a first choice, keeping in mind that this does NOT preclude going from step one to step two and if neither are possible, then going to step three?
Exploring the intertubes
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#257 2005-04-10 11:14 pm
- charon
- doesn't make change
- From: DC
- Registered: 2003-05-06
- Posts: 5360
Re: Florida Residents: Open Fire!
KingFred wrote:
No one has come up with a sensible reason yet why the "first attempt to flee or avoid confrontation before moving right up to blasting" part needs to be done away with. Why does avoiding the conflict need to be removed as a first choice, keeping in mind that this does NOT preclude going from step one to step two and if neither are possible, then going to step three?
1)Attempting to flee may be more dangerous than resisting with deadly force. 2)Someone is more likely to attack you if they know that you're obligated to run, if possible, rather than fight back.
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#258 2005-04-10 11:19 pm
- charon
- doesn't make change
- From: DC
- Registered: 2003-05-06
- Posts: 5360
Re: Florida Residents: Open Fire!
iBubba wrote:
If you blow someone away in a paniced frenzy - if you truly feel threatened regardless of the intent of the recipient of your bullet - WHO THE F*CK IS GOING TO TELL YOU YOU WERE WRONG FOR BEING SCARED SH*TLESS?!?
I just explained to you how assault torts work. Juries do rule that people were not justified in being scared.
Not only that, as I understand it, Florida law already leaves this open to determination. Don't Florida courts already have the power to tell you that you were wrong for shooting someone just because you were scared if there was no reason to believe there was a threat?
I don't care how that Yahoo article is phrased. I highly doubt that the proposed law would use a "subjective" standard for judging whether a threat existed.
Edit: Seems I was right about that. A citizen must "reasonably believe" he's threatened before he has a right to retaliate under the proposed law, which I'm sure is the same standard as the one today. And I believe it's the same standard that's used in an assault tort.
Last edited by charon (2005-04-10 11:26 pm)
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#259 2005-04-10 11:26 pm
- charon
- doesn't make change
- From: DC
- Registered: 2003-05-06
- Posts: 5360
Re: Florida Residents: Open Fire!
bratboy wrote:
charon wrote:
To prove that someone committed the tort of assault (which means, in this context, being threatened by someone) requires proving just that. That tort has been around for a long time, as it's part of the common law. So apparently courts don't find it too difficult to prove one way or another. Not too different, I guess, from establishing that murder is premeditated. For that matter, I believe there are already statutory limits on threatening other people.
...the stakes are quite different, though.
Yes, but that cuts both ways.
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#260 2005-04-10 11:42 pm
- bratboy
- keeping the poor down
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 34270
Re: Florida Residents: Open Fire!
charon wrote:
bratboy wrote:
charon wrote:
To prove that someone committed the tort of assault (which means, in this context, being threatened by someone) requires proving just that. That tort has been around for a long time, as it's part of the common law. So apparently courts don't find it too difficult to prove one way or another. Not too different, I guess, from establishing that murder is premeditated. For that matter, I believe there are already statutory limits on threatening other people.
...the stakes are quite different, though.
Yes, but that cuts both ways.
True.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#261 2005-04-11 7:12 am
- iBubba
- Displaced

- From: central Iowa
- Registered: 2000-10-06
- Posts: 7109
Re: Florida Residents: Open Fire!
I guess I [i]would rather err on side the sde of life.
"Hell, I'm sure Og had some cool way of banging two rocks together, until he took himself too seriously."
- Pithecanthropus
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#262 2005-04-11 7:22 am
- Ribtorus
- Member

- Registered: 2002-07-11
- Posts: 14116
Re: Florida Residents: Open Fire!
err on the side of your plasma tv.
I just don't think I could see myself living in a house without mirrors.
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#263 2005-04-11 10:42 am
- The New Guy
- Member

- From: Left of left
- Registered: 2000-10-18
- Posts: 3422
Re: Florida Residents: Open Fire!
Why is it when someone steals $100 with a gun they're violent criminals who should be locked up for life, but people who steal $100 million with a pen are given a slap on the wrist?
The car of the future is a train with a bike waiting at the other end.
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#264 2005-04-11 10:49 am
- charon
- doesn't make change
- From: DC
- Registered: 2003-05-06
- Posts: 5360
Re: Florida Residents: Open Fire!
The New Guy wrote:
Why is it when someone steals $100 with a gun they're violent criminals who should be locked up for life, but people who steal $100 million with a pen are given a slap on the wrist?
Slap on the wrist?
In any case, it's pretty significant if you use a deadly weapon, don't you think?
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#265 2005-04-11 10:55 am
- The New Guy
- Member

- From: Left of left
- Registered: 2000-10-18
- Posts: 3422
Re: Florida Residents: Open Fire!
I guess our definitions of steal are different.
The car of the future is a train with a bike waiting at the other end.
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#266 2005-04-11 11:01 am
- charon
- doesn't make change
- From: DC
- Registered: 2003-05-06
- Posts: 5360
Re: Florida Residents: Open Fire!
The New Guy wrote:
I guess our definitions of steal are different.
I don't get it.
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#267 2005-04-11 1:06 pm
- JakeTheTall
- Cargo Cultist

- From: In Permanent Opposition
- Registered: 2003-03-13
- Posts: 10133
Re: Florida Residents: Open Fire!
Steyr AUG wrote:
MrJ in OZ wrote:
yea, What ever happened with that Black guy in New York that got blown away by the cops where they shot him like 32 times and he was only reaching for his wallet?
I wonder how long 32 shots takes.
If cops can't decide for tham selves, citizens that are untrained shouldn't do it.Between 2 people? about 4 seconds.
How would the Rules of Engagement be worded in this case?
"If the individual makes a sudden movement, be sure you empty your clip as fast as possible into the individual!"
Jesus said to the servants, "Fill the jars with water"; so they filled them to the brim. Then he told them, "Now draw some out and take it to the master of the banquet." They did so, and the master of the banquet tasted the water that had been turned into wine. He did not realize where it had come from, though the servants who had drawn the water knew.
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#268 2005-04-11 1:09 pm
Re: Florida Residents: Open Fire!
JakeTheTall wrote:
Steyr AUG wrote:
MrJ in OZ wrote:
yea, What ever happened with that Black guy in New York that got blown away by the cops where they shot him like 32 times and he was only reaching for his wallet?
I wonder how long 32 shots takes.
If cops can't decide for tham selves, citizens that are untrained shouldn't do it.Between 2 people? about 4 seconds.
How would the Rules of Engagement be worded in this case?
"If the individual makes a sudden movement, be sure you empty your clip as fast as possible into the individual!"
"if the individual makes a threatening movement, use sufficient force to stop the threat."
When the police tell you to put your hands up its not a pro idea to start fast drawing for your wallet. It has the amazing effect if looking like you are going for a gun.
Just like back in Saigon! Eh, slick?
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#269 2005-04-11 1:59 pm
- Laura
- Member
- Registered: 2005-02-17
- Posts: 383
Re: Florida Residents: Open Fire!
Hmmm, this is a tough subject. Back when I was about 9 months pregnant with my son I came out of the grocery store and someone was stealing my car. Of course there wasn't a thing that I could (or would) do. Called the police, thinking that they didn't have it that long, they'd be able to find it. No such luck. It was found, about 2 weeks later, completely stripped. And of course my daughter's car seat was gone.
What REALLY sucked though, was that it was an older car, and to save money only had liability insurance on it. There was no way that we could replace that car. And we only had the one car between us! So we had to rely on rides until we were able to at least buy a beater. Not to mention the cost of a new car seat.
My point is...that was property that we desperatly needed. Whoever stole it sold it for parts or to get crack money. Either way, I'm guessing that he maybe got a hundred bucks for it, if that. Not worth that much to him, but the world to us!
And what right did he have to take it? Just kills me, people bust their ass to have what little they might have, and some JERK thinks he can just come along and take it. And does, and usually doesn't even get caught.
I don't know what I trying to say here...except maybe that property can mean everything to one person, and just a $20 hit to the next. Can't just say, oh it's just STUFF.
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#270 2005-04-11 2:19 pm
- JakeTheTall
- Cargo Cultist

- From: In Permanent Opposition
- Registered: 2003-03-13
- Posts: 10133
Re: Florida Residents: Open Fire!
Steyr AUG wrote:
JakeTheTall wrote:
How would the Rules of Engagement be worded in this case?
"If the individual makes a sudden movement, be sure you empty your clip as fast as possible into the individual!""if the individual makes a threatening movement, use sufficient force to stop the threat."
When the police tell you to put your hands up its not a pro idea to start fast drawing for your wallet. It has the amazing effect if looking like you are going for a gun.
I wasn't there, I have no idea what the setup was but...they didn't see a gun, nor did they get shot at....it would sound like "sufficient force" to stop the threat would have been a half dozen rounds.
Jesus said to the servants, "Fill the jars with water"; so they filled them to the brim. Then he told them, "Now draw some out and take it to the master of the banquet." They did so, and the master of the banquet tasted the water that had been turned into wine. He did not realize where it had come from, though the servants who had drawn the water knew.
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#271 2005-04-11 2:27 pm
- Pithecanthropus
- Roast Master

- From: St. Cloud, MN
- Registered: 2002-12-30
- Posts: 4557
- Website
Re: Florida Residents: Open Fire!
Laura wrote:
Hmmm, this is a tough subject. Back when I was about 9 months pregnant with my son I came out of the grocery store and someone was stealing my car. Of course there wasn't a thing that I could (or would) do. Called the police, thinking that they didn't have it that long, they'd be able to find it. No such luck. It was found, about 2 weeks later, completely stripped. And of course my daughter's car seat was gone.
What REALLY sucked though, was that it was an older car, and to save money only had liability insurance on it. There was no way that we could replace that car. And we only had the one car between us! So we had to rely on rides until we were able to at least buy a beater. Not to mention the cost of a new car seat.
My point is...that was property that we desperatly needed. Whoever stole it sold it for parts or to get crack money. Either way, I'm guessing that he maybe got a hundred bucks for it, if that. Not worth that much to him, but the world to us!
And what right did he have to take it? Just kills me, people bust their ass to have what little they might have, and some JERK thinks he can just come along and take it. And does, and usually doesn't even get caught.
I don't know what I trying to say here...except maybe that property can mean everything to one person, and just a $20 hit to the next. Can't just say, oh it's just STUFF.
The question remains: would your need for that car justify your shooting and killing the prick who stole it? A human life vs. a couple of hundred bucks worth of parts?
Grandfatherly advice: You can drink 'em pretty, but you can't drink 'em smart.
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#272 2005-04-11 2:31 pm
- locutus_of_borg
- Knight of Mars

- From: Sparkopolis
- Registered: 2002-07-31
- Posts: 1499
Re: Florida Residents: Open Fire!
The New Guy wrote:
Why is it when someone steals $100 with a gun they're violent criminals who should be locked up for life, but people who steal $100 million with a pen are given a slap on the wrist?
Man, I had a great support for this, but I hit ctrl+w and lost it. *sigh* Well you're right BTW. Great point.
And God said "taketh your rifles, all of ye, all but those unto the nation of California, for exempt must their rifles be and the resth are forlorn." So sayth the Lord.
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#273 2005-04-11 2:34 pm
- JakeTheTall
- Cargo Cultist

- From: In Permanent Opposition
- Registered: 2003-03-13
- Posts: 10133
Re: Florida Residents: Open Fire!
The New Guy wrote:
Why is it when someone steals $100 with a gun they're violent criminals who should be locked up for life, but people who steal $100 million with a pen are given a slap on the wrist?
Well, there's hyberbole with "locking them up for life"...as well as fallacy of "slap on the wrist."
White collar crimes should have heftier sentances, but ask Bernie Ebbers about the slap on his wrist.
Jesus said to the servants, "Fill the jars with water"; so they filled them to the brim. Then he told them, "Now draw some out and take it to the master of the banquet." They did so, and the master of the banquet tasted the water that had been turned into wine. He did not realize where it had come from, though the servants who had drawn the water knew.
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#274 2005-04-11 2:38 pm
- locutus_of_borg
- Knight of Mars

- From: Sparkopolis
- Registered: 2002-07-31
- Posts: 1499
Re: Florida Residents: Open Fire!
Pithecanthropus wrote:
Laura wrote:
Hmmm, this is a tough subject. Back when I was about 9 months pregnant with my son I came out of the grocery store and someone was stealing my car. Of course there wasn't a thing that I could (or would) do. Called the police, thinking that they didn't have it that long, they'd be able to find it. No such luck. It was found, about 2 weeks later, completely stripped. And of course my daughter's car seat was gone.
What REALLY sucked though, was that it was an older car, and to save money only had liability insurance on it. There was no way that we could replace that car. And we only had the one car between us! So we had to rely on rides until we were able to at least buy a beater. Not to mention the cost of a new car seat.
My point is...that was property that we desperatly needed. Whoever stole it sold it for parts or to get crack money. Either way, I'm guessing that he maybe got a hundred bucks for it, if that. Not worth that much to him, but the world to us!
And what right did he have to take it? Just kills me, people bust their ass to have what little they might have, and some JERK thinks he can just come along and take it. And does, and usually doesn't even get caught.
I don't know what I trying to say here...except maybe that property can mean everything to one person, and just a $20 hit to the next. Can't just say, oh it's just STUFF.The question remains: would your need for that car justify your shooting and killing the prick who stole it? A human life vs. a couple of hundred bucks worth of parts?
Only if your life is in immediate danger by the carthief. If I am inside my car and another person tries to take it from me in a violent and forcible manner, I will use as much force as necessary leading up to lethal force to protect myself. If I am accross the street, and I see a thief breaking into my car, I cannot just start slinging lead at him.
And God said "taketh your rifles, all of ye, all but those unto the nation of California, for exempt must their rifles be and the resth are forlorn." So sayth the Lord.
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#275 2005-04-11 2:53 pm
- Laura
- Member
- Registered: 2005-02-17
- Posts: 383
Re: Florida Residents: Open Fire!
Pithecanthropus wrote:
Laura wrote:
Hmmm, this is a tough subject. Back when I was about 9 months pregnant with my son I came out of the grocery store and someone was stealing my car. Of course there wasn't a thing that I could (or would) do. Called the police, thinking that they didn't have it that long, they'd be able to find it. No such luck. It was found, about 2 weeks later, completely stripped. And of course my daughter's car seat was gone.
What REALLY sucked though, was that it was an older car, and to save money only had liability insurance on it. There was no way that we could replace that car. And we only had the one car between us! So we had to rely on rides until we were able to at least buy a beater. Not to mention the cost of a new car seat.
My point is...that was property that we desperatly needed. Whoever stole it sold it for parts or to get crack money. Either way, I'm guessing that he maybe got a hundred bucks for it, if that. Not worth that much to him, but the world to us!
And what right did he have to take it? Just kills me, people bust their ass to have what little they might have, and some JERK thinks he can just come along and take it. And does, and usually doesn't even get caught.
I don't know what I trying to say here...except maybe that property can mean everything to one person, and just a $20 hit to the next. Can't just say, oh it's just STUFF.The question remains: would your need for that car justify your shooting and killing the prick who stole it? A human life vs. a couple of hundred bucks worth of parts?
My point is that some are being so casual about your property in here...but it's not just about STUFF. That smurfhead was not entitled to my car, and I needed it - and it wasn't a luxury, by any means. Who the hell did he think he was just walking up and taking it? He had no idea or I'm sure even CARED about what turmoil that put my life into for a long time. Or people who have generations worth of things in their homes, and the thief just does a clean sweep of what he thinks is available, and then winds up throwing it away because it's not 'worth' anything.
Sorry, I just realized that I went OT here. That happened over 13 years ago, can you tell it still pisses me off?
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