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To: Star Traveler
It is sad, but true, that the "law" in any jurisdiction is what the local Sheriff and States Attorney choose to prosecute. There are 15 counties in Western Carolina, and in 14 of those the Sheriff and SA would not prosecute someone who used a gun to stop a murder but did not have a permit, or a "legal right" to possess that gun when and where it was used.

I make that point in my article, since I know more than a little about the Sheriffs and SA's in the 11th Congressional District. The only exception to that statement is Buncombe County, which is dominated by very Democratic and left-wing voters and politicians. In that jurisdiction only, someone who saved lives by quick action with an (illegal) gun would be prosecuted. However, even there, I think that jury nullification, a refusal to convict, would protect the person who protected others.

It is hard for some other lawyers to admit and understand that the "law" is not what is printed in the law books, it is what is, and is not, enforced in the real world. That is one of the points in my article.

John / Billybob

51 posted on 04/21/2007 11:11:34 AM PDT by Congressman Billybob (Please get involved: www.ArmorforCongress.com)
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To: Congressman Billybob

You said — “It is hard for some other lawyers to admit and understand that the “law” is not what is printed in the law books, it is what is, and is not, enforced in the real world. That is one of the points in my article.”

Yeah, and I think the prosecutors know that and they make “de facto” law by “bluffing” (if you want to call it that) in public. They do “send a message” to the public.

Well, heck..., they actually *say* they are “sending a message”. How many times have you heard a prosecutor say that?

Regards,
Star Traveler


55 posted on 04/21/2007 1:35:34 PM PDT by Star Traveler
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