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Member Section => Down Range Cafe => Topic started by: MikeBjerum on April 27, 2012, 03:19:21 PM

Title: What constitutes a physical threat?
Post by: MikeBjerum on April 27, 2012, 03:19:21 PM

http://newyork.cbslocal.com/2010/09/07/long-island-man-arrested-for-defending-home-with-ak-47/ (http://newyork.cbslocal.com/2010/09/07/long-island-man-arrested-for-defending-home-with-ak-47/)

Quote

“He starts threatening my family, my life. ‘Oh you’re dead. I’m gonna kill your family and your babies. You’re dead.’ So when he says that, 20 others guys come rushing around the corner. And so I fired four warning shots into the grass,” Grier said.

Quote

You may think a person has the right to defend their home. But the law says you can only use physical force to deter physical force. Grier said he never saw anyone pull out a gun, so a court would have to decide on firing the gun.

I am not a believer in warning shots, so what would have happened if it had been me and my family?

Title: Re: What constitutes a physical threat?
Post by: JC5123 on April 27, 2012, 03:22:38 PM

You may think a person has the right to defend their home. But the law says you can only use physical force to deter physical force. Grier said he never saw anyone pull out a gun, so a court would have to decide on firing the gun.

Telling me you are going to kill my family, and then 20 guys come rushing around the corner sounds like physical force to me. A mob is a deadly weapon by itself.

Title: Re: What constitutes a physical threat?
Post by: tombogan03884 on April 27, 2012, 03:51:08 PM

I could not find a link to a resolution in this case but I'm pretty sure he got a fine for discharging a fire arm in city limits and a lecture.
I believe the case was decided last winter.

Title: Re: What constitutes a physical threat?
Post by: philw on April 27, 2012, 08:25:39 PM

Didn't this happen a while ago.  I though that NB mentioned it on a podcast or we have talked about this before on here


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Title: Re: What constitutes a physical threat?
Post by: Timothy on April 27, 2012, 08:38:21 PM

Quote from: tombogan03884 on April 27, 2012, 03:51:08 PM

I could not find a link to a resolution in this case but I'm pretty sure he got a fine for discharging a fire arm in city limits and a lecture.
I believe the case was decided last winter.

I think you're referencing a local case in NH where the guy saw someone climbing in a window and discharged his firearm in a warning shot.  He was exonerated...

Title: Re: What constitutes a physical threat?
Post by: MikeBjerum on April 27, 2012, 08:55:31 PM

It is a year and a half old, but I do not recall talking about it.  However, if we have Mr. Bogan will find it  ;)

I could not find anything concerning the outcome, which leads me to believe he was not charged or punished.  Had they even fined him it would have been all over the place.

Of the many things I am exposed to during a given week, I thought this was a good one to view.  After all, physical force can be considered deadly whether we are the victim or the defender.  Also, this would be a good one to view through the lens of  "Stand Your Ground" laws.  He was handled as having used force, and the law would then come into play as a defense as the system worked - That is the way it is intended, as opposed to how the anti's believe.

Title: Re: What constitutes a physical threat?
Post by: tombogan03884 on April 27, 2012, 09:56:53 PM

http://www.downrange.tv/forum/index.php?topic=14101.0

http://www.downrange.tv/forum/index.php?topic=13959.0

Title: Re: What constitutes a physical threat?
Post by: twyacht on April 28, 2012, 07:28:32 AM

http://www.downrange.tv/forum/index.php?topic=13959.0

Yep, I thought it sounded familiar....