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Gun Control & RKBA
In reply to the discussion: Gunstalking Children [View all]Straw Man
(6,956 posts)106. If you're referring to Heller and MacDonald ...
... they merely extended to residents of D.C. and Illinois a right enjoyed by residents of every other state in the Union.
"Stand your ground" has been invoked in case law even in your anti-gun paradise of California. The key is whether the victim reasonably believes that it is the best course for preserving one's life:
Even though its not in the law, the California Criminal Jury Instructions (CALCRIM) do allow a jury to acquit someone based on a stand-your-ground defense. The instruction appears in CALCRIM #505 and #506, both of which deal with justifiable homicide:
A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of ( death/great bodily injury/<insert forcible and atrocious crime> ) has passed. This is so even if safety could have been achieved by retreating.
So in California, not only could you stay and fight, you can even chase your attacker if it will neutralize the threat to your life.
--http://blogs.kqed.org/newsfix/2013/07/22/5-things-to-know-about-stand-your-ground-in-california/
A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of ( death/great bodily injury/<insert forcible and atrocious crime> ) has passed. This is so even if safety could have been achieved by retreating.
So in California, not only could you stay and fight, you can even chase your attacker if it will neutralize the threat to your life.
--http://blogs.kqed.org/newsfix/2013/07/22/5-things-to-know-about-stand-your-ground-in-california/
As for "guns everywhere," it's a hysterical chant used against those who see selective bans as merely stepping-stones to a total ban. What good is the right to bear arms if the entire world is a "gun-free zone"? In other words, you're not fooling anyone with your incremental strategies.
On the other hand, we have the NY SAFE Act, registration of semi-auto rifles in Connecticut, magazine limits in Colorado, and many, many more attempts at infringing on the right to keep and bear arms in America.
Nope. I'm wide awake.
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It would be intersting to see someone trying to enter a CA courtroom armed.
Starboard Tack
Apr 2014
#14
I think you are referring to Orange County CA's major Republican stronghold.
Starboard Tack
Apr 2014
#23
Go through the same rigorous training as law enforcement and then we'll talk
Duckhunter935
Apr 2014
#37
Gunstalking children may be perfectly legal in some places, but there is plenty wrong with it.
stone space
Apr 2014
#6
Now why would a caring parent want to protect her kid from a stranger with a gun?
Starboard Tack
Apr 2014
#16
No, carrying a gun for no good reason is sick. Admitting that would be honest.
Starboard Tack
Apr 2014
#63
Who gives a fuck whether it is legal or not? It's a stupid thing to do.
Starboard Tack
Apr 2014
#104
I use the word fascist in it's literal sense.s derived from the Italian word "fascio"
Starboard Tack
Apr 2014
#111
I am sure it would never have gotten close to a confrontation, had he not been carrying.
gejohnston
Apr 2014
#115
There is no rational reason to think that any action would be different?
Starboard Tack
Apr 2014
#116
If you carry a gun that is only deadly within 10-15 feet, then I would agree.
Starboard Tack
Apr 2014
#67
Looks like this idiot's repeated gunstalking has managed to empty a normally full park.
stone space
Apr 2014
#5