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Old 06-28-2009, 07:50 PM   #1
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Default Question about gun laws and self defense as a marijuana user.

Hi everyone I had a few questions regarding my right to self defense considering I just moved to a rather bad area with a break in history to the extent where cops are going door to door and a high risk warrant was served across the street.

I was wondering if the fact that I am a marijuana user would be used against me in a manner in which if I am forced to defend myself with a firearm due to a break in with a legally registered gun and a concealed carriers permit which my State allows.

If a bowl or something was found on the premisis and I was likely sober at the time would the gun laws be used against me on a federal level or would it depend on State or do you think it would be possible?

Right now I'm thinking of applying for a gun registration and take the course go through all the motions but I'm wondering if it's a bad idea because I smoke pot and would have bongs when law enforcement subsequently came after a break in.

My assumption is it could be used against me to a level in which they try to go for manslaughter or something insane even though I'd be defending my own property.

If that's the case I wouldn't even bother to get a permit and I would probably just go the avenue or getting renters insurance but I suppose I would ask here Thanks!
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Old 06-28-2009, 09:35 PM   #2
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Gun laws and property laws say that if someone enters your house without invitation and don't leave when you tell them to, you're allowed to shoot to kill. There will be no investigation if it is known to be self defense. Just make sure you don't accidentally shoot them in the back or something. Shooting someone in the back indicates that they were turned away from you and therefore not threatening your life.
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Old 06-28-2009, 11:10 PM   #3
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Originally Posted by Nail I3unny View Post
Gun laws and property laws say that if someone enters your house without invitation and don't leave when you tell them to, you're allowed to shoot to kill. There will be no investigation if it is known to be self defense. Just make sure you don't accidentally shoot them in the back or something. Shooting someone in the back indicates that they were turned away from you and therefore not threatening your life.
Really?? man if those laws were like that down here.

we are only allowed to hold a Shotgun or rifle for hunting purposes only. only the police carry handguns here... legally i mean
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Old 06-28-2009, 11:41 PM   #4
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Gun laws and property laws say that if someone enters your house without invitation and don't leave when you tell them to, you're allowed to shoot to kill. There will be no investigation if it is known to be self defense.
This is true only in those states that have passed what they call a "Make My Day" law. In general, the use of deadly force is only justifiable when you or some other innocent person is in immediate danger of death or serious bodily injury.

Having a gun is not a replacement for having insurance. The gun protects your life. The insurance protects your property. When you think about it, do you really want to take a human life to protect your TV set? Unless you're home 24/7, the gun does little to protect your property. 99 time out of 100, a burglar tries not to be there at the same time as the homeowner.

My firearms are there for target practice and self-defense. If I ever had to use one to defend myself, I would be far less worried about the law than I was about staying alive.
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Old 06-29-2009, 12:41 AM   #5
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Yes, I would gladly kill someone trying to take my hard-earned possessions because they were too lazy to work.
Your lack of respect for human life is truly nauseating. Even Dick Cheney doesn't favor the death penalty for burglary.

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For one it's a lot cheaper to put a few bullets in them than let me pay taxes to keep them in jail for years and chances are they'll get out and do it again.
Unless you're a psychopath, killing another human being to protect your TV will cost you for the rest of your life.

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There are preventative measures you can take but the really effective ones will usually wind up with the criminal suing YOU, the homeowner, for some reason.
Wouldn't it be fun to hook up a shotgun to your front door and blow the head off of any person that happened to walk through it? Too bad it would make you guilty of first degree murder.
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Old 06-29-2009, 01:57 AM   #6
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Your lack of respect for human life is truly nauseating. Even Dick Cheney doesn't favor the death penalty for burglary.
All a matter of opinion...you can have yours, I'll have mine. The fact that some people will allow others to walk all over them in the name of "life" nauseates me *shrugs* What do I care what Dick Cheney thinks (he may not think the death penalty is right for burglary but he had no qualms about sending our young men and women to Iraq over a lie...that's even worse imho)? He's rich enough he's got enough insurance to fully cover and replace anything as good or better if it gets stolen. We're not all so lucky. Besides, if we start killing the thieves on site it will leave more room in jail for those nasty pot smokers

Aside from that if I wake up in the middle of the night with someone in my home who should not be there do you honestly think I'm going to take the time to find out if they have a weapon and what their intention is (simple burglary, home invasion, rape *if I were female*, or what) before I take action? Not to say I'm just going to start shooting because I KNOW I won't...I'm a bit smarter than that but if it's obviously not someone friendly I have no problem pointing a firearm at them and telling them they better not move if they value their balls.

This has actually happened to me before, an ex-gf (barely) had let herself in to my apartment at 3AM after we had broke up earlier that evening as she had not returned her key yet, she lived 20 miles away. I had chained the door but she had skinny arms and managed to get her hand in and unchain it. She did not call to warn me she was coming over either (a friend of hers talked her in to going to my place to seduce me in an attempt to show that she really loved me)...I wake up in a dark room and see a figure next to my bed. I had my pistol next to the bed but I identified who it was before I even picked it up. She knew I kept a pistol in my room at the time and later she even admitted it was stupid what she did and was grateful that I was calm enough to find out who she was before taking action. She did leave the key behind on her way out. It was kind of freaky that she did that but it also tested me in a potentially bad situation so I do know how I would react.

So don't go thinking I'm a hot head who is just waiting for someone to pop up unexpectedly in my home so I can kill someone...there's a big difference between people itching to do just that and those who want to protect themselves at whatever means necessary.

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Unless you're a psychopath, killing another human being to protect your TV will cost you for the rest of your life.
Wrong...the law is on my side and I honestly don't think it would traumatize me if that's what you're getting at. Do I want to kill someone over a TV? No, but I will put bullets in them if I find them in my home because the cops sure aren't going to get there in time and the thief is highly unlikely to leave their contact information before they go. If I happen to put them down without killing them and the cops can come get them...great, but I'm not going to try and shoot them in the leg, I'm going to aim for the largest target (aka the chest). If they live, fine...if not, oh well, they picked the wrong home to break in to and the carpet cleaners will have a way to legally make money. Not only that but coroner gets work as does the funeral home and all involved. The tax payers don't have to pay to keep another low-life piece of scum in jail with cable tv, exercise equipment, and so on so that they may learn new tricks to their trade. A win-win situation for everyone except the thief. What exactly is the rehabilitation rate for such criminals anyway? Most are repeat offenders...if they want to be rehabilitated they better pick your home over mine and not keep making the same decisions. More power to them if they can become law abiding citizens and productive members of society.

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Wouldn't it be fun to hook up a shotgun to your front door and blow the head off of any person that happened to walk through it? Too bad it would make you guilty of first degree murder.
Exactly, I said there are more effective ways to protect your home and life but you will wind up in legal trouble. Aside from that your example made no mention of how it would differentiate between someone legally entering the home such as a landlord or police with a warrant from someone who is illegally entering. Care to try again? Aside from that there is a good chance that the slug or buckshot will fully penetrate them and possibly injure an innocent bystander outside. You have to do your best to insure that your projectiles stay within your home or if they don't that they don't carry enough energy to harm someone outside (i.e. hollow points, the correct bullet grain, the correct weapon *shotguns are poor choices in apartments or where there are other people in your home that may be easily shot through a wall from such a large weapon*, and so on). As you do keep a firearm I hope you have done the research in determing the correct bullet grain and type so that you have effective stopping power without excessive energy allowing for multiple wall penetrations and potentially injuring an innocent. I will say this about shotguns though, the sound of a 12 gauge being cocked should be enough to scare just about anyone out of your home

What is so hard to comprehend about staying the hell out of someone else's home and if you're dumb enough and disrespectful enough not to you pay the price? Sure, some young kid will make a poor decision and it will be their last but that's what stupidity can get you. Some people are able to live long enough to learn from their mistakes, others don't...some people never learn from their mistakes. Not my problem, too many laws protecting stupid people in this country.

If you want to let criminals walk all over you so be it...not everyone is willing to just lay down and let them do as they please. If I ever meet a thief I'll be sure to direct him to your place instead of mine, I'll just remind him not to threaten you in any way so that you don't use your firearms to shoot them. By the way, where do you live and where is the best place to park to facilitate easy loading of your possessions?

We can keep going 'round and 'round if you want but you're not going to change my mind nor are you going to change your opinion of my beliefs and vice-versa. Aside from that it's getting quite OT.

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If that's the case I wouldn't even bother to get a permit and I would probably just go the avenue or getting renters insurance but I suppose I would ask here Thanks!
It's worth getting renter's insurance as it's pretty cheap but you should have all of your receipts for your valuables otherwise prepare to be at the mercy of the adjuster when they ask you for a list of items that were stolen.

If you live in a state that allows you to use lethal force to protect your life and property you don't need the CCW permit unless you plan on carrying in public. Just be damn sure to ID the intruder before you open fire...it wouldn't hurt to take a firearm safety course if you're unfamiliar with guns and have never really had any experience with them. I urge anyone who buys a gun to take a safety course. I grew up with them and used them often for hunting and target practice, was a member of the local gun club, took safety courses, and was on the high school rifle team. Not everyone I know who owns a gun has such a background and some of them have never taken any formal courses, they just went out and bought one to have. That's a no-no in my book.

I don't know how much truth there is to this but I have heard that if you get the CCW permit you will be scrutinized even more if and when you use your firearm in a defense situation because they know you have had the formal training and classes. Ignorance is not an excuse in the eyes of the law either though so if you don't take it make sure you read your state and city statutes word for word (legal jargon can suck but it's well worth figuring out) or consult a lawyer who will tell you your rights. Do not call the police and ask them because they do not have to know the law and how it works, their job is to merely arrest possible criminals and let the lawyers figure it out.

[Admin note: Please do not post several posts in succession. If you want to quote multiple people use the multi-quote feature immediately to the right of the quote button. Posts merged. - sec]

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Old 06-28-2009, 11:47 PM   #7
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Originally Posted by Nail I3unny View Post
Gun laws and property laws say that if someone enters your house without invitation and don't leave when you tell them to, you're allowed to shoot to kill. There will be no investigation if it is known to be self defense.
That is HIGHLY dependent on where you live. Many states do not allow for people to use lethal force to defend themselves, some states require you to act like a complete wuss and do everything up to and including helping them take the money out of your wallet or load up their truck with your possessions.

There are a few states that DO allow you to use lethal force in the event someone enters your home without permission...Louisiana, Colorado, Florida, and Georgia jump to mind. I know in CO and LA that these protections are extended to your vehicle in addition to your home. You can also carry a loaded firearm concealed in the vehicle in these two states without a CCW permit.

However, if they find MJ in your home or car after you use a firearm on someone you are going to get screwed. There is an investigation no matter what happens, whether they will search your home or car is doubtful but still possible...especially given that you are in a high crime area (why did you move there?). Firearms and controlled substances = felony...you do NOT want to go that route.

If you do wind up having to shoot someone you better get rid of your stash and paraphernilia ASAP before anyone shows up. Either that or hide it REAAALLLY well, it's doubtful they would bring a drug dog in but you never know. Either that or fire enough shots so the gunpowder smell covers up the weed smoke (I'm actually kidding, if you pump them full of bullets you'll have a harder time proving self defense...juries can be stupid that way)

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Originally Posted by Buzzby View Post
This is true only in those states that have passed what they call a "Make My Day" law. In general, the use of deadly force is only justifiable when you or some other innocent person is in immediate danger of death or serious bodily injury.
Beat me to it...

Quote:
Having a gun is not a replacement for having insurance. The gun protects your life. The insurance protects your property. When you think about it, do you really want to take a human life to protect your TV set? Unless you're home 24/7, the gun does little to protect your property. 99 time out of 100, a burglar tries not to be there at the same time as the homeowner.
Yes, I would gladly kill someone trying to take my hard-earned possessions because they were too lazy to work. I did not go $20g's in to debt for a college education just to let whoever wants to walk in my home when I'm there and take my stuff. For one it's a lot cheaper to put a few bullets in them than let me pay taxes to keep them in jail for years and chances are they'll get out and do it again. Two I have less respect for a thief than almost anything else...if you're hungry just ask me and I'll gladly give you food but I will be damned if I'm going to let someone take my stuff to sell and go buy crack or whatever. Three it is a 100% guarantee that that person will not do the same thing to anyone else. Thieves know that most people can't or won't defend themselves and they rely on these statistics to keep them safe when they commit crimes.

If they do it while I'm gone so be it...can't protect your property all the time. There are preventative measures you can take but the really effective ones will usually wind up with the criminal suing YOU, the homeowner, for some reason. What kind of a crock is that? Criminals should not be allowed to sue for stuff that happens to them while they are committing a crime.

Quote:
My firearms are there for target practice and self-defense. If I ever had to use one to defend myself, I would be far less worried about the law than I was about staying alive.
I heard that...in the heat of the moment most people are not going to be thinking about legal repercussions. Hopefully if/when that does happen you live in a state that is sympathetic to your right to defend your life and property.

[Admin note: Please do not post several posts in succession. If you want to quote multiple people use the multi-quote feature immediately to the right of the quote button. Posts merged. - sec]

Last edited by Sec : 07-11-2009 at 11:22 PM.
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Old 06-29-2009, 01:24 PM   #8
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There is a well known gun writer, Massad Ayoob, who specializes in being an expert witness in self defense cases. His projections for the cost of defending yourself in a criminal and civil trial for a righteous shooting are in the 10s of thousands of dollars I'm not sure how much it is these days because I don't buy as many gun mags as I once did but the math is- do you want to loose some toys that can be insured or be in hock to a lawyer for the rest of your life for defending your right to self protection.

Massad Ayoob is the author of IN The Gravest Extreme a book about the use of deadly force and a good read for anyone who is considering owning a weapon for self defense.
One of the common themes of his writing is that anytime the shooter's credibility can be questioned by law enforcement or a civil lawyer it will be and having drugs and guns together is just asking for trouble.

Just food for thought.
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Old 06-29-2009, 04:21 PM   #9
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Thanks for all the information Remover and 1956 I appreciate it.

As for defending my property no one is going to make me feel guilty about that. I'm not some post modern Buddhist apologist if the person breaks into my home presents the very real risk of threatening my life in a bad area known for cop killings and break ins to the point where they had Officers going door to door my second or so day living there asking questions about the break ins.

Either way I have a pit bull on the property a room mate who owns a baseball bat and marine knife and I may or may not depending on state laws get a sword or maybe a firearm to defend the home.

I mean it's not exactly a long stretch to assume the person may be at the very least violent if confronted. Were not going to duck and run uninsured and let all of our assets stripped from us by some junkie or hood.

Anyone who thinks that's the right thing to do needs to get a grip people should not be breaking into peoples homes and robbing them. And if they do it should be fair game. Knee capping someone to keep them from beating your ass or worse when they break in your house and rob it is far from braining them on the front lawn for trespassing.
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Old 07-07-2009, 10:32 PM   #10
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Either way I have a pit bull on the property a room mate who owns a baseball bat and marine knife and I may or may not depending on state laws get a sword or maybe a firearm to defend the home.

You can't shoot back with a pit bull, a baseball bat, or a sword- just something to think about.

.


In the heat of the moment no one is that good of a shot to just hit someone's kneecap. I agree with your right to defend your home but consider the cost of defending yourself in court vs renters insurance.
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