Personal Defense Network Forum » Forum: Legal Issues

Personal Defense Network Forum » Forum: Legal Issues - Recent Posts http://www.personaldefensenetwork.com/forum/ en Mon, 06 Feb 2012 00:10:26 +0000 MadScienceMMA on "Liability Concerns" http://www.personaldefensenetwork.com/forum/topic/liability-concerns#post-855 Sat, 17 Sep 2011 10:44:27 +0000 MadScienceMMA 855@http://www.personaldefensenetwork.com/forum/ Can anyone give me an idea of what sort of liability an instructor opens themselves up to when they write a manual or produce an instructional video, and what they can do to mitigate that liability? I wouldn't mind seeing an article done on these concerns. Thoughts? shina31 on "I am a huge fan of supernatural" http://www.personaldefensenetwork.com/forum/topic/i-am-a-huge-fan-of-supernatural#post-763 Wed, 06 Jul 2011 02:52:01 +0000 shina31 763@http://www.personaldefensenetwork.com/forum/ Super natural is a wonderful tv fiction series and i always watch the episodes of this tv series. lucus5 on "I am a huge fan of supernatural" http://www.personaldefensenetwork.com/forum/topic/i-am-a-huge-fan-of-supernatural#post-751 Sun, 03 Jul 2011 23:27:12 +0000 lucus5 751@http://www.personaldefensenetwork.com/forum/ I started watching Supernatural season 3 <a href="http://www.dvdtopshops.com/en/thrillers-crime-mystery-/supernatural-seasons-1-6-dvd-box-set.html">Supernatural DVD</a> and I was immediately hooked. I am a big fan of horror movies, and nothing "supernatural", in general, so this show was made for me <a href="http://www.dvdtopshops.com/en/animation-cartoons/the-simpsons-seasons-1-21-dvd-boxset-1.html">The Simpsons DVD</a> ! My husband and I watch the show together every week and we started to re-run the band plays daily on TNT. Needless to say, we see many of the supernatural in our house! I like the way the program covers a wide range of emotions - humor, drama, suspense, terror, etc <a href="http://www.dvdtopshops.com/en/comedy/30-rock-seasons-1-5-dvd-box-set.html">30 Rock DVD</a> . The two characters are very friendly and the actors who play them do a great job. They really make you feel like you know them, and can identify with them. <a href="http://www.dvdtopshops.com/en/drama/dexter-seasons-1-5-dvd-box-set.html">Dexter DVD</a> And I'm a big fan of the music they play in the program - a lot of classic rock. Each episode, I find myself laughing and nodding to the music of the show. Sometimes even cover my eyes <a href="http://www.dvdtopshops.com/en/drama/entourage-seasons-1-7-dvd-boxset.html">Entourage DVD</a> because it is pretty scary. I always tell people when the subject of the rise of television Supernatural, and I highly recommend! Anonymous on "question about the law" http://www.personaldefensenetwork.com/forum/topic/question-about-the-law#post-731 Wed, 08 Jun 2011 19:17:40 +0000 Anonymous 731@http://www.personaldefensenetwork.com/forum/ hi guys <a href="http://www.dvdtopshops.com/en/thrillers-crime-mystery-/castle-seasons-1-2-dvd-box-set.html">Castle DVD</a> <a href="http://www.dvdtopshops.com/en/thrillers-crime-mystery-/true-blood-seasons-1-3-dvd-boxset.html">True Blood DVD</a> cshoff on "question about the law" http://www.personaldefensenetwork.com/forum/topic/question-about-the-law#post-703 Thu, 19 May 2011 11:31:05 +0000 cshoff 703@http://www.personaldefensenetwork.com/forum/ Sounds to me like you would be well served to make an appointment with a competent attorney in your area. Laws regarding firearm ownership vary greatly from state to state, and wading through the pages of federal laws is a daunting task as well. You will get much more accurate and sound advice from an attorney that knows the laws in your area than you will over the internet. feralfreak on "question about the law" http://www.personaldefensenetwork.com/forum/topic/question-about-the-law#post-702 Thu, 19 May 2011 01:00:52 +0000 feralfreak 702@http://www.personaldefensenetwork.com/forum/ i had a question occur to me on what is legal or not, im not a type that likes guns at all, but i dont like being unprepared, and i might be looking at a diagnosis of something like aspergers (high functioning autism if i understand it right), if an md determines that i would have aspergers, would that prevent me from being able to legally purchase and register a firearm for home defense? or would it matter? im not a type to go around pointing a weapon at anything or anyone, let alone do damage or try to hurt anything or anyone but i am paranoid but i dont carry a weapon and wont, i was wondering where that puts me in terms of eligibility if someday i would need to buy a weapon(doesnt help when there is a meth lab in the area, you know how nuts methheads are) GarryAlbin on "Armed Citizens Legal Defense Network" http://www.personaldefensenetwork.com/forum/topic/armed-citizens-legal-defense-network#post-656 Sat, 23 Apr 2011 02:15:34 +0000 GarryAlbin 656@http://www.personaldefensenetwork.com/forum/ I am wondering if the Armed Citizens Legal Defense Network is worth joining. BikerRN on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-553 Sat, 01 Jan 2011 08:24:29 +0000 BikerRN 553@http://www.personaldefensenetwork.com/forum/ <blockquote>Can it make a difference if the gun you used to defend yourself looked SCARY?</blockquote> In short, it depends. I'm not a lawyer, but I have had the displeasure of seeing the inside of a courtroom on more than one occassion. Not for a shooting mind you, but there are things that transpired that could be taken as clues. The "mood of the court" will play a significant factor. If you live in an "anti" locale you may very well find yourself facing a jury of your "peers" as a de facto policy of the local prosecutor. What is ruled a "good" shoot in location A may be seen as a heinious crime in location B. Just because you live in a so called "gun friendly" state doesn't mean that you won't draw a "gun unfriendly" prosecutor. Biker yyao12345 on "DUI and CCW" http://www.personaldefensenetwork.com/forum/topic/dui-and-ccw#post-477 Fri, 29 Oct 2010 21:22:35 +0000 yyao12345 477@http://www.personaldefensenetwork.com/forum/ Thank you for the information, let me better understand here,<a href="http://www.2008jersey.com"> ravens football jerseys </a> gave me a lot of help. ggca1 on "DUI and CCW" http://www.personaldefensenetwork.com/forum/topic/dui-and-ccw#post-463 Thu, 28 Oct 2010 05:05:47 +0000 ggca1 463@http://www.personaldefensenetwork.com/forum/ Thaks Rob Snowman on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-458 Wed, 27 Oct 2010 11:59:51 +0000 Snowman 458@http://www.personaldefensenetwork.com/forum/ That's an interesting question. I am a retired officer. I started 22 years ago and did the job until I was retired due to an on duty injury. One possible perspective coul be: "Tec 9....you're a d-bag." I know that's over simplifying, but the truth is a sleazy prosecutor could and would use that alone as a reason to hammer you in front of a jury. Luckily AZ is a castle doctrine state where self defense is a positive defense, where the prosecutor must prove that you didn't act in self defense instead of the reverse where you must prove you did. I carry a Glock because it is the best fighting handgun FOR ME...don't want to start a steel versus plastic argument...but it also has the advantage of being the issued weapon of local city and county LE, and on the approved list for departments all around me. It's a non starter. I also carry the approved ammo for our local PD and County. Heck...my Spyderco folder is also on their approved equipment list. Rob Pincus on "DUI and CCW" http://www.personaldefensenetwork.com/forum/topic/dui-and-ccw#post-455 Wed, 27 Oct 2010 00:53:57 +0000 Rob Pincus 455@http://www.personaldefensenetwork.com/forum/ Contact the Armed Citizens Legal Defense Network (Google). ggca1 on "DUI and CCW" http://www.personaldefensenetwork.com/forum/topic/dui-and-ccw#post-453 Tue, 26 Oct 2010 07:54:13 +0000 ggca1 453@http://www.personaldefensenetwork.com/forum/ I live in the North east Ohio area. Court in Portage County. ggca1 on "DUI and CCW" http://www.personaldefensenetwork.com/forum/topic/dui-and-ccw#post-452 Tue, 26 Oct 2010 07:52:45 +0000 ggca1 452@http://www.personaldefensenetwork.com/forum/ I was recently arrested and charged with dui while having my handgun in my vehicle. I live in Ohio and am in search of a Attorney who specilizes in this type of Case. cshoff on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-443 Sat, 16 Oct 2010 18:06:54 +0000 cshoff 443@http://www.personaldefensenetwork.com/forum/ Welcome to the forums, HandgunWarrior. Good to see another fresh face around here. HandgunWarrior on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-442 Sat, 16 Oct 2010 11:10:47 +0000 HandgunWarrior 442@http://www.personaldefensenetwork.com/forum/ I don't know if I'm the only on here, by the way hello, I'm new, that remembers a line of prosecution in the 80s and early 90s that the name of the firearm figured prominently in the prosecution's case that the owner had to be looking for trouble. At the time the NRA advised people to by a Gold Cup instead of a Combat Commander and similar "be a PC wimp" advice. The names Cobra, Anaconda, Python, and several others became taboo and names like Trooper, Military and Police, and simply Model 27 became the new "safe" handguns. Oh, and let's not forget the super evil Street Sweeper. The looks didn't matter as much as the name engraved or stamped into the side of the firearm. Even some .22 LR firearms with nasty names got a makover to be more non-consumer friendly. I think you are better off in court with a knowledgable lawyer who can debunk a prosecutor's attack against the imagined harm of a name or perception that one caliber is more "evil" than another in any case. All of that having been said, I would rather use a reliable side by side or quick pump, and/or whichever high caliber handgun I have been practicing with, regardless of the name. Have a look around this site: <a href="http://www.guncite.com/index.html" rel="nofollow">http://www.guncite.com/index.html</a> parabarbarian on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-430 Mon, 27 Sep 2010 12:43:44 +0000 parabarbarian 430@http://www.personaldefensenetwork.com/forum/ It may or it may not. In at least one case I know of (UNITED STATES v. HARGROVE U.S Court of Appeals, 6th Circuit, 416.3d 486) part of the prosecution's summation argument was that the gun in question -- a 2-shot, .22 caliber derringer -- was not a defensive tool because it was too easy to conceal. <blockquote> So Mr. Hargrove leaves, and instead of getting a .45 gun, which is a big scary gun, you can wave that bad boy around and people know you're packing and people leave you alone, he gets this one, which we've heard is a lousy defense gun, doesn't scare anybody, looks like a toy. It is, though, an excellent killing weapon. If you don't believe me, a derringer killed Abraham Lincoln. Walked up and put it in the back of the head and pulled the trigger. Hargrove objected to the prosecutor's reference to the Lincoln assassination on the grounds that the gun used there was a larger caliber weapon than the .22 caliber in Hargrove's possession. The government argued that the point of the reference was to rebut the defense's suggestion that one would only use a derringer-brand gun in self-defense. The district judge overruled the objection. The government then concluded its argument as follows: Now, he did turn down the .45, but he did tell us something that I found just as scary. That he wanted the derringer because it was small. You've seen the size of my hand, I don't have a big hand, it's small and easily concealable. But in his words, they're small, because he liked to get up close, before they know it's there. That's not a defensive weapon, ladies and gentlemen. When you can sneak up on somebody with a gun in your hand and they don't know it, that serves no defensive purpose. That's an offensive weapon. Common sense, who was threatened on the 14th of February 2003, was it the police or was it him? Who's the real threat? The police, society, or Mr. Hargrove, a convicted felon with a gun? It's all about accountability, ladies and gentlemen, it's all about accountability. </blockquote> The defendant was a felon caught with a firearm in his car, a situation which, probably, few here will ever have to worry about. However, the prosecutor did impress upon the jury that the concealibity of the weapon made it a tool for assassination not defense. So, maybe the fact that you shot your attacker with a snubbie or one of those pipsqueak 380's is more likely to hurt you than using your Certifed Mall Ninja AR. cshoff on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-427 Mon, 27 Sep 2010 08:35:26 +0000 cshoff 427@http://www.personaldefensenetwork.com/forum/ <blockquote>GrantCunningham wrote: <blockquote>cshoff wrote:If every aspect of the defensive shooting you are involved in is on the up and up, then it's very unlikely that the type of gun you used (as long as it was lawful for you to own/possess it) will be of much importance. </blockquote> I have a problem with this line of thinking, and that is that you don't get to decide if the shoot is "clean" or "on the up and up"; I don't; the police don't; the prosecutor doesn't. The JURY decides if it is, and one of the things they may (or may not) consider is the gun that was used. Even in the optimistic view that they look at the totality of evidence, they're human and they will have prejudices that they will act upon (and use the "totality" to justify.) One of those prejudices might be the kind of gun that was used. Is this something I dwell on? No, not really. Should anyone else? Depends - but they should make that choice based on an understanding of the realities of the justice system.</blockquote> Evidence usually speaks for itself, Grant, and that is why the statement I made above is, as a rule of thumb, accurate and relevant. It has little to do with a "line of thinking" and much more to do with multitudes of case history. Your presumption of guilt or innocence actually starts LONG before you ever see a judge or jury. In reality, police and prosecutors have a LOT to do with determining whether the shoot was on the "up and up" or not, and how you present yourself to the police during the investigation has very much to do with it as well. In fact, your actions during and after the shoot can play a huge role in determining whether or not you ever see the inside of a court room in the first place. That is the reality of how our justice system works, and saying that you, the police, and the prosecutor(s) don't get to decide whether the shoot was clean or not is not really a very accurate statement. If a prosecutor determines the shoot was clean after looking at the facts that were brought to light during the police investigation, he will have no reason or legal standing to press any charges against you. As an example, the vast majority of defensive shootings here in Missouri never see criminal charges pressed against the victim who defended him/herself. Our laws are written in such a way that it is the CRIMINAL who shoulders the burden of his actions, NOT his victims. GrantCunningham on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-426 Mon, 27 Sep 2010 00:07:40 +0000 GrantCunningham 426@http://www.personaldefensenetwork.com/forum/ <blockquote>cshoff wrote:If every aspect of the defensive shooting you are involved in is on the up and up, then it's very unlikely that the type of gun you used (as long as it was lawful for you to own/possess it) will be of much importance. </blockquote> I have a problem with this line of thinking, and that is that you don't get to decide if the shoot is "clean" or "on the up and up"; I don't; the police don't; the prosecutor doesn't. The JURY decides if it is, and one of the things they may (or may not) consider is the gun that was used. Even in the optimistic view that they look at the totality of evidence, they're human and they will have prejudices that they will act upon (and use the "totality" to justify.) One of those prejudices might be the kind of gun that was used. Is this something I dwell on? No, not really. Should anyone else? Depends - but they should make that choice based on an understanding of the realities of the justice system. cshoff on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-425 Sun, 26 Sep 2010 18:21:50 +0000 cshoff 425@http://www.personaldefensenetwork.com/forum/ Well, if court precedent is any indicator of what future rulings will be, then based off of the cases I am familiar with, how "scary" a gun looks doesn't seem to be of any more importance on the eventual ruling than any other single factor surrounding the particular case. Court cases are generally built around "the big picture", and juries and judges generally look at the evidence in totality when trying to reach a decision. If every aspect of the defensive shooting you are involved in is on the up and up, then it's very unlikely that the type of gun you used (as long as it was lawful for you to own/possess it) will be of much importance. On the other hand, if there are some questionable aspects of the defensive shooting you are involved in, then it wouldn't be unlike a prosecutor to use the type of gun you used to defend yourself as a way to try to further paint you as being "irresponsible", "reckless", a "vigilante", or as someone "looking for a fight". GrantCunningham on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-424 Sat, 25 Sep 2010 20:47:03 +0000 GrantCunningham 424@http://www.personaldefensenetwork.com/forum/ No one knows. Might a grand jury decide to indict based in part upon the type of gun? It's possible, and the nature of the grand jury (at least in my state) means that you'll never know for sure. Could a prosecutor bring it up in a courtroom? Possibly. Could your defense attorney be unable (uninformed or incapable) of properly countering that type of presentation? Possibly. Even if your attorney successfully countered the argument, could the jury still take it into account? Possibly. Everyone (on both sides of the argument) wants to believe that a courtroom is like a basketball floor; everything is black-and-white with clear winners and losers. If you've spent any time observing trials, you'll understand that a court proceeding is anything but black and white. It's as much about selling a judge or jury your particular version of the facts as it is the facts themselves. You never know just how the decisions are ultimately made, or what little thing swayed the people who made them. Ultimately you have to decide what your comfort level is, and live with any consequences. TravisLeibold on "Scary Guns!!!" http://www.personaldefensenetwork.com/forum/topic/scary-guns#post-423 Sat, 25 Sep 2010 20:23:28 +0000 TravisLeibold 423@http://www.personaldefensenetwork.com/forum/ Alright, heres one that I have been kicking around for a while. Can it make a difference if the gun you used to defend yourself looked SCARY? Lets skip right over the whole "If it's a good shoot, its a good shoot" thing and get right to the part where they whip out exhibit A in the courtroom. Will it matter if your gun was an: AR15 vs Mini 14 'ranch rifle' Saiga 12 with a 20 round drum and breacher barrel vs. Rem 1100 home/ field combo Any handgun with a laser, painted on flames, and skulls engraved all over with ruby-inlaid eyes.