Gun Control & RKBA
Related: About this forumMurder or self-defense
Most everyone agrees that self-defense is a good idea. (Some pro-control folks don't want anyone using a gun for that purpose.)
Are laws about self-defense too loose?
Murder
State laws categorizing murders into first, second and possibly third degrees generally require that first degree murders include three basic elements: willfulness, deliberation and premeditation. Some states also require "malice aforethought" as an element, though sates differ as to how malice must be shown and whether this is a separate requirement from willful, deliberate and premeditated taking of human life. Most states also enumerate certain kinds of killings as first degree murders without need to prove intent, deliberation and premeditation.
http://criminal.findlaw.com/criminal-charges/first-degree-murder-overview.html
Justified Homicide
Not all homicides are crimes, let alone first degree murders. The most common legal justification for a killing is self-defense or the defense of others.
Self-Defense
To succeed, a defendant arguing self defense must show that the killing resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm. The defendant cannot have instigated the threatening situation. The degree of force used in self-defense must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.
The defendant's reaction to the threat cannot take place after the threat of death or bodily harm has passed. Many states require that the defendant attempt to retreat or avoid danger if possible before resorting to the use of deadly force.
For example, if someone incapacitates a mugger with pepper spray, he or she may need to attempt to flee to safety instead of taking out a pistol and shooting the mugger. States differ in the degree to which they require an attempt to retreat if the threat they face occurs in the defender's home.
http://criminal.findlaw.com/criminal-charges/first-degree-murder-defenses.html
beevul
(12,194 posts)Some pro-control folks don't want anyone using a gun for that purpose.
discntnt_irny_srcsm
(18,479 posts)virginia mountainman
(5,046 posts)Should help with the confusion that some have with such a common term.
discntnt_irny_srcsm
(18,479 posts)From the subject of hermeneutics I've learned that 'virtually every theological heresy begins with a misconception of the nature of God'. Analogously the topics of law, rights, crime and human nature are no different; basic misconceptions lead to absurdities and heresies.
Fundamental misunderstandings lead to crazy conclusions.
ileus
(15,396 posts)NaturalHigh
(12,778 posts)I've actually been told that owning a gun makes you a bad person.
sarisataka
(18,600 posts)NaturalHigh
(12,778 posts)NaturalHigh
(12,778 posts)and that everyone is entitled to defend themselves, their families, and anyone else who is in danger. If anyone uses a firearm for murder, it's bad. If they use a firearm for defense, it's good. Substitute rock, knife, stick, fists, whatever, for firearm, and the point remains.
So many seem to think that people in favor of the right to bear arms are just a bunch of psychopaths looking for an excuse to yell "yee-haw" and shoot anything that moves. Why can't everyone understand that a firearm is a tool? It can be used for good or bad just like any other tool.
discntnt_irny_srcsm
(18,479 posts)??? why is there no pew-pew-pew gif ???
NaturalHigh
(12,778 posts)discntnt_irny_srcsm
(18,479 posts)Eleanors38
(18,318 posts)discntnt_irny_srcsm
(18,479 posts)That's GIF not GIFT, no "T".
AuntPatsy
(9,904 posts)discntnt_irny_srcsm
(18,479 posts)...what's expressed in the OP or that you've read the OP and don't want to discuss it or both?
AuntPatsy
(9,904 posts)discntnt_irny_srcsm
(18,479 posts)IMHO a reply is a sign of respect.