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  #51 (permalink)  
Old July 12th, 2007
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Default Re: OT: What are my rights in this situation...

traps that are lethal in nature clearly violate the law. As for shotgun blanks, bill is right. that would be simple assault since you are attempting "by physical menace to put another in fear of imminent serious bodily injury." You really can't say that you were trying to do anything but convince someone you had a live shotgun and intended to use it on them.
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  #52 (permalink)  
Old July 12th, 2007
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Default Re: OT: What are my rights in this situation...

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Originally Posted by billamj View Post
I could be wrong but I believe that could still be construed as ADW. I'd need input from either GunLawyer or Rule on that though.
I was thinking Simple Assault or even Terroristic Threats...I know it would be Aggravated Assault if done towards a Police Officer, Firefighter, Public Official etc...

I don't remember a specific ADW charge in PA though, but I am reading from an imperfect collection of statutes and hey, I could always be mistaken.
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  #53 (permalink)  
Old July 12th, 2007
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Default Re: OT: What are my rights in this situation...

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Originally Posted by MarcS View Post
I assure you, i'm one of the more well read people on this board when it comes to the law. I'm debating hypothetical situations with you and you for some reason have a need to insult me. It's uncalled for.
Where did I insult you? I said nothing to you that you haven't said to myself and a number of others every time you decide that you disagree with someone on tactics. I had no intention of hitting you with an insult, I though that kind of banter had become par for the course with us. If I did insult you, it was purely unintentional.

Second of all, if you're going to debate hypothetical scenarios, it's usually a good idea to announce that beforehand instead of claiming it after you've been handed evidence that contradicts your exercise.



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What is tactically and legally the most prudent course of action: call the police and let them handle it. Did you miss that entire thread that went on for a dozen pages where i was trying to convince people that the proper course of action in a hairy situation was to drive away and call the police? If you did see it, do you really think that i'd go charging out of my house with a can of pepper spray to confront a bunch of teenage hoodlums? You gotta be fucking crazy
That's one of the problems with playing Devil's Advocate. I don't know you. I don't know if you're an idiot, two-faced, hypocritical, just like to be a pain in my ass or what...and more to the point, unknowing people read these forums and the do indeed take advice on what is said here...I can appreciate the mental masturbation aspect of "playing the devil's advocate", but with as much misinformation on firearms and deadly force laws as there is going around in PA (both with citizens and LEO community), I respectfully submit it's dangerous to run off making a case for something you know is bullshit. And more to the point, for that reason and others, I'm not going to sit and think about how you really feel and then not reply if you're acting out of character. I don't even see the name of whom I'm responding to, so if you don't like the fact that a lot of stuff that you posted in this thread was legally incorrect or misrepresented and I challenged it, that's too bad man. I really don't care. Sorry if I hurt your feelings, it was unintentional.

Good day.
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  #54 (permalink)  
Old July 12th, 2007
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Default Re: OT: What are my rights in this situation...

Quote:
Originally Posted by NineseveN View Post
I was thinking Simple Assault or even Terroristic Threats...I know it would be Aggravated Assault if done towards a Police Officer, Firefighter, Public Official etc...

I don't remember a specific ADW charge in PA though, but I am reading from an imperfect collection of statutes and hey, I could always be mistaken.
ADW is covered by Aggravated Assault, thus, no specific ADW statute. Threatening to A someone with a DW (other than cop, public official etc) is Simple Assault. They could trump it up to terroristic threats if they wanted to get the first degree misdemeanor. They are somewhat overlapping laws.
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Old July 12th, 2007
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Default Re: OT: What are my rights in this situation...

Quote:
Originally Posted by billamj View Post
I could be wrong but I believe that could still be construed as ADW. I'd need input from either GunLawyer or Rule on that though.
i was being sarcastic, I don't even think they make shotgun blanks. Although it would solve the question to the thread "ever carry blanks"
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  #56 (permalink)  
Old July 12th, 2007
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Default Re: OT: What are my rights in this situation...

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Originally Posted by DeltaII5 View Post
i was being sarcastic, I don't even think they make shotgun blanks. Although it would solve the question to the thread "ever carry blanks"
Good point.
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Old July 13th, 2007
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Default Re: OT: What are my rights in this situation...

Originally Posted by DeltaII5
i was being sarcastic, I don't even think they make shotgun blanks. Although it would solve the question to the thread "ever carry blanks"

Good point.


Yeah they make them can't remember the catalog right off hand but they make everything from flechet rounds,bean bag,rubber to blanks
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  #58 (permalink)  
Old July 13th, 2007
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Default Re: OT: What are my rights in this situation...

Quote:
Originally Posted by Repoman75 View Post
Read this article in the Mcall... this is happening in my town, but not in my development yet.

http://www.mcall.com/news/local/all-...,2507660.story

Now my question is, what rights do I have if I were to wake up at 3 am and see 2 or 3 punks (underage or not) throwing bottles at my house? Let's say they are standing on the sidewalk in front of the house...

I only own a 2 barrel 12 guage shotgun right now, and of course, a Louisville slugger and some Mace. Given those options of weapons (and of course, a good old fashioned beat down with my fists), what are my options if I catch these guys?

What would all of you do?

take the slugger, go get urself a crobar, and a barbed club and beat the fuck out of em that sounds fair
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Old July 14th, 2007
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Default Re: OT: What are my rights in this situation...

I say just do what the cops do: yell stop or I'll shoot. Umm, if they proceed that means that they are trying to kill you.
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