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To: William Tell; y'all
It is correctly stated that the right to life is an inalienable right that man cannot take away. The right to self defense is part of that inalienable right to life. Everyone has it. A four-year-old has it. A prisoner has it. An illegal alien has it. A foreign visitor has it. An insane person has it.

It is then argued that our inalienable right to self defense does not include using a gun because if it did, then the aforementioned group would have the right to use one and they don't; -- which is faulty logic.

If any of the above group use a weapon of any type in self defense, a fully informed jury, judging both the facts and the law of the case at hand [self defense] would be duty bound to rule the defendant innocent.

Case closed. [to those with logical, open minds]

301 posted on 10/12/2007 6:59:07 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: tpaine

There is no restriction on using any weapon for self-defense, although there are restrictions against possessing certain weapons. Thus, a felon can be charged with illegally possessing a firearm but not for using that firearm in self defense; he (as well as non-felons) can also be charged with using a certain weapon in the commission of a crime, or for using a weapon that is deemed, under the circumstances, to constitute excessive force (for instance, it’s possible for someone to be charged with using excessive force if he or she employs a shotgun and his or her foe is threatening, but unarmed. Notice I said POSSIBLE, because it may be reasonable and legally acceptable for a 95-pound woman to use a shotgun against a 250-pound rapist who is unarmed and out-of-control on PCP). But there is no legal restriction on the books for using a particular weapon FOR SELF DEFENSE.


303 posted on 10/13/2007 2:39:55 PM PDT by ought-six ("Give me liberty, or give me death!")
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