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Re: [Rollei] re:OT 1911
- Subject: Re: [Rollei] re:OT 1911
- From: Jerry Lehrer <jerryleh >
- Date: Thu, 29 May 2003 09:29:51 -0700
- References: <5C7752CCB00C3A47A70D5C4204A360B2554C85 >
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.
"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
> Just remember an injured attacker can sue your ass. And will!
> But a dead one.......?
> 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