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Re: [Rollei] re:OT 1911



Peter

When I received my CCW permit in California, I was made
familiar with the laws of trespass, B&E, assault, etc.  I stand
by my statements.

Jerry

"Kotsinadelis, Peter (Peter)" wrote:

> It depends on the State law Jerry.  In NJ they passed a law that
> relieves intruders in your home of any right of lawsuit.
> Technically you can shoot anyone who breaks into your home.  If they are
> wounded they would have to prove they were there for something other
> than robbery, etc.  Now California, that a different country....er...um
> I mean state.
>
> Peter K
>
> -----Original Message-----
> From: Jerry Lehrer [mailto:jerryleh  ]
> Sent: Wednesday, May 28, 2003 6:25 PM
> To: rollei  us
> Subject: Re: [Rollei] re:OT 1911
>
> Don
>
> Just remember an injured attacker can sue your ass.  And will!
>
> But a dead one.......?
>
> Jerry
>
> Don Williams wrote:
>
> > At 09:27 PM 5/28/2003 +0100, you wrote:
> >
> >> Frank,
> >>
> >> Apologies because this is very off track.
> >>
> >> Frank, nothing has changed.
> >>
> >> Following the atrocious act of the Dunblane school massacre a few
> >> years ago
> >> (which no one condones) ALL licensed handguns were banned and had to
> >> be
> >> handed in. Compensation for the cost of the handguns was promised
> >> but still
> >> has not been paid to many individuals, so a keen club pistol shooter
> >> who
> >> "handed over and lost" two pistols tells me.
> >>
> >> The US constitution with the right to bear arms would be welcomed by
> >> some of
> >> us in the UK.
> >
> >
> > The U.S. Constitution is pretty much silent on the right of
> > individuals to bear arms.  More specifically, the second amendment
> > reads as follows:
> >
> >
> > Amendment II
> >
> > "A well regulated militia, being necessary to the security of a free
> > state, the right of the people to keep and bear arms, shall not be
> > infringed."
> >
> > It's clear that if a person is a member of "A well regulated militia",
> > he can bear arms as a member.  Beyond that, the individual's right to
> > bear arms has only been established on the basis of common law at that
> > time, and general usage since that amendment was passed.
> >
> > Here is a quote from the Congressional Record dealing with a gun
> > control bill, and you will see that it points towards tradition more
> > than the Bill of Rights:
> >
> > 'The right to bear arms is a tradition with deep roots in American
> > society. Thomas Jefferson proposed that "no free man shall ever be
> > debarred the use of arms," and Samuel Adams called for an amendment
> > banning any law "to prevent the people of the United States who are
> > peaceable citizens from keeping their own arms." The Constitution of
> > the State of Arizona, for example, recognizes the "right of an
> > individual citizen to bear arms in defense of himself or the State." '
> >
> > Note that I underlined "tradition" in that quote.  It isn't underlined
> > in the Gun Control Committee report from which it is extracted.
> >
> >
> >> An Englishman's home is no longer his castle. An elderly
> >> farmer who shot and killed one of two burglars coming up the stairs
> >> to get
> >> to him is being refused early release from a 7 year jail sentence
> >> because he
> >> does not show sufficient remorse and might offend again! The
> >> burglars had
> >> travelled 60 miles to break into his remote farm, which had been
> >> broken into
> >> a number of times before.
> >
> >
> > That general situation holds in the U.S. as well.  There are many
> > cases in which a home-owner was prosecuted for killing a burglar.
> > Burglars have sued and won civil cases in which they were shot while
> > in the process of committing a robbery.  It's unfortunate but the
> > home-owner has the burden of proving he felt he was in mortal danger.
> >
> > As for me, I keep buckshot cartridges in my rifles, which will
> > discourage anyone I shoot, but most likely not kill them.
> >
> >
> >> Strict gun control over here controls the law abiding and prevents
> >> them
> >> defending themselves. The criminals have no trouble getting all the
> >> guns
> >> they want.
> >>
> >> Sorry, I have got it off my chest now.
> >
> > I think the original writer was Claude-
> >
> > Don Williams
> > La Jolla, CA
> >

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