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You Can Get Charged With Murder For Defensive Gun Use -- Even In A 'Stand Your Ground' State
Forbes ^ | May 21, 2017 | George Leef

Posted on 05/21/2017 10:46:22 AM PDT by reaganaut1

Since American citizens have the right to keep and bear arms (not just law enforcement officials, as gun control advocates maintain), it would seem to follow that they’re entitled to use their weapons when they are threatened.

More than a century ago, the U.S. Supreme Court recognized that in Beard v. United States, where the first Justice Harlan wrote that the defendant, who had been convicted of manslaughter for killing a man in a violent dispute,

was not obliged to retreat, not to consider whether he could safely retreat, but was entitled to stand his ground, and meet any attack upon him with a deadly weapon, in such a way and with such force as, under all the circumstances, he, at the moment honestly believed, and had reasonable grounds to believe, were necessary to save his own life, or to protect himself from great bodily injury.

To codify that right and prevent people from being put on trial for reasonable, defensive gun use when a prosecutor thinks they might instead have retreated or fled, 24 states have enacted “stand your ground” statutes. Among them is North Carolina, but a recent case there shows that when prosecutors and judges want to convict a man for using his gun, the “stand your ground” law can be trampled upon.

(Excerpt) Read more at forbes.com ...


TOPICS: Crime/Corruption; Editorial; Government; US: North Carolina
KEYWORDS: 2ndamendment; banglist; guns; standyourground
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1 posted on 05/21/2017 10:46:22 AM PDT by reaganaut1
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To: reaganaut1

I already addressed the issue earlier. Just have congress pass a law funding the $31/mo legal insurance you see advertised on Hannity. 100k concealed carry permitters packin’ and this place will be much safer. Trump can even negotiate the price down.


2 posted on 05/21/2017 10:52:34 AM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: reaganaut1

There are leftists and other anti-2nd Amendment traitors in DA offices and courts in many states.


3 posted on 05/21/2017 10:54:09 AM PDT by Carl Vehse
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To: DIRTYSECRET

$31/month??!?


4 posted on 05/21/2017 10:55:06 AM PDT by Bryanw92 (If we had some ham, we could have ham and eggs, if we had some eggs.)
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To: reaganaut1

Why didn’t his lawyers bring up the stand your ground statute? It would seem logical the defendant would have been instructed in it during his concealed carry classes. Or the arresting officers could have been asked why they felt the stand your ground statute did not apply here. Either way the law would have been put before the jury and used in defense summation. Bad lawyering I think.


5 posted on 05/21/2017 10:55:56 AM PDT by xkaydet65
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To: Carl Vehse

“There are leftists and other anti-2nd Amendment traitors in DA offices and courts in many states.”

The Forbes article leaves much out.

http://www.leagle.com/decision/In%20NCCO%2020160802477/STATE%20v.%20LEE


6 posted on 05/21/2017 10:57:22 AM PDT by TexasGator
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To: reaganaut1
A complete injustice.

Hopefully the appeals court will overturn.

7 posted on 05/21/2017 10:58:21 AM PDT by PROCON
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To: reaganaut1; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all things pertaining to the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

8 posted on 05/21/2017 10:59:11 AM PDT by PROCON
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To: reaganaut1

“Gyrell Lee had been celebrating New Year’s Eve with his cousin Jamiel Walker”

No doubt two BRAIN SURGEONS in the making. Sorry guys, but next time, tell you’s mama to give you NORMAL names - or, again, things may not turn out well.


9 posted on 05/21/2017 10:59:21 AM PDT by BobL (In Honor of the NeverTrumpers, I declare myself as FR's first 'Imitation NeverTrumper')
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To: xkaydet65

“Why didn’t his lawyers bring up the stand your ground statute? It would seem logical the defendant would have been instructed in it during his concealed carry classes. Or the arresting officers could have been asked why they felt the stand your ground statute did not apply here. Either way the law would have been put before the jury and used in defense summation. Bad lawyering I think.”

Best to read the ‘rest of the story’ ....

http://www.leagle.com/decision/In%20NCCO%2020160802477/STATE%20v.%20LEE


10 posted on 05/21/2017 11:00:17 AM PDT by TexasGator
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To: BobL

““Gyrell Lee”

Gyrell Shavonta Lee


11 posted on 05/21/2017 11:01:06 AM PDT by TexasGator
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To: reaganaut1
...it would seem to follow that they’re entitled to use their weapons when they are threatened.

Yes, that's what the "bear" arms part means. It doesn't just mean the carrying around of arms in holsters or slung over the shoulder. And it's a right not an entitlement as the Amendment states.

12 posted on 05/21/2017 11:02:56 AM PDT by TigersEye (Make up my mind, NBC,CBS,CNN,ABC. What are the "facts" today?)
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To: xkaydet65

The point wasn’t that you’d be convicted, it was that you could be charged. George Zimmarman is a great example. No question his use was self defense, but he was charged in order to appease a political constituency. “You can beat the rap, but you can’t beat the ride.”


13 posted on 05/21/2017 11:06:24 AM PDT by Cboldt
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To: TigersEye

Who felt the most threatened? The victim or the defendant?


14 posted on 05/21/2017 11:10:41 AM PDT by TexasGator
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To: Cboldt

“The point wasn’t that you’d be convicted, it was that you could be charged.”

Nor is this a case that should be brought up as a challenge on ‘stand your ground’.

The defendant grabbed his gun and went down the street with the purpose of ‘confronting’ the victim.


15 posted on 05/21/2017 11:12:13 AM PDT by TexasGator
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To: reaganaut1

The left intends to take guns from non-violent, law-abiding citizens, and deliberately and intentionally leave them in the hands of violent criminals.

So they can waltz right in and take what is “rightfully” theirs from their “oppressors.”


16 posted on 05/21/2017 11:13:23 AM PDT by I want the USA back (Acting consistently in a way that is contrary to nature results in insanity.)
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To: TexasGator

“Gyrell Shavonta Lee”

Possibly named after some African king/queen?

Or mom dropped the tiles randomly on a Scrabble board?

5.56mm


17 posted on 05/21/2017 11:13:25 AM PDT by M Kehoe
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To: reaganaut1

Forbes—a disinformation and fake news purveyor.


18 posted on 05/21/2017 11:13:31 AM PDT by WKUHilltopper (WKU 2016 Boca Raton Bowl Champions)
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To: TexasGator

All that is left to determine, in your instance, Puddle Princess, is if you are part of a DA's office, or not.

19 posted on 05/21/2017 11:21:24 AM PDT by BlueDragon
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To: BlueDragon

“All that is left to determine, in your instance, Puddle Princess, is if you are part of a DA’s office, or not. “

That was not my post. But I know that you are stalking me so no big deal.


20 posted on 05/21/2017 11:22:51 AM PDT by TexasGator
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