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1 posted on 07/24/2012 6:08:20 PM PDT by Talisker
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To: Talisker

I’d be more than happy to go before a jury on such a trespassing charge.

If a jury of my peers can’t see that I prevented dozens if not hundreds of deaths and injuries by my unselfish actions in the defense of others, then I’m really missing the point of having juries at all.


31 posted on 07/24/2012 7:01:06 PM PDT by DNME (Tired of being polite about it? Time for action? Reawaken the Sons of Liberty!)
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To: Talisker

If you had to deal with an anti-2nd-Amendment police force and DA, they could try you for murder. And an idiot jury would gladly help them.


34 posted on 07/24/2012 7:10:21 PM PDT by UnwashedPeasant (Don't nuke me, bro)
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To: Talisker

As I understand it, in WV, you can be asked to leave the premises or check your weapon. If you refuse, then you can be charged with trespassing. My guess is, if you are not asked to do either one, then the business owner doesn’t have a leg to stand on, even in the event that something happens, since you have to be asked to leave or check your firearm first.

“Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such firearm or other deadly weapon, upon being requested to do so, or to leave such premises, while in possession of such firearm or other deadly weapon, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail not more than six months, or both.”

If there is no confrontation, there can be no violation. A sign is not, for purposes of the law, considered a confrontation.

I am not a lawyer, but this is the assumption under which I carry in WV...I’d rather be judged by twelve than carried by six.


37 posted on 07/24/2012 7:24:49 PM PDT by FLAMING DEATH (Are you better off than you were $4 trillion ago?)
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To: Talisker

There is always an affirmative defense.


38 posted on 07/24/2012 7:24:55 PM PDT by Mom MD (T he country needs Obamacare like Nancy Pelosi needs a Halloween mask)
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To: Talisker; waterhill; ixtl
Know your state laws. I carry everywhere 'legally' allowed and don't go where it is illegal. There really should not be anywhere, ANYWHERE, that is illegal for "law abiding citizens" to carry .

FYI for CHL'ers, I have seen theaters here in Texas "wand" people at premiers to keep out cell phones.

IMHO, I think the guy would have fled or surrendered, or hopefully died, as soon as someone starting shooting back at him.

39 posted on 07/24/2012 7:30:20 PM PDT by Envisioning (Call me a racist........, one more time..........)
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To: Talisker

The police do not charge you, they arrest you based on their understanding of the law.

The city/county/state attorney general charges you at their discretion. These are likely three different people.

Since these guys are elected by the people it stands to reason for someone who just saved 10’s of lives (read voters) any minor non-self aggrandizing indiscretion by the permit holder who stopped the mutt would likely be overlooked.

Ask yourself; how unpopular would the guy be who charged the savior??

(not an attorney and don’t play one on TV either)
YMMV


42 posted on 07/24/2012 7:40:56 PM PDT by GOPBiker (Thank a veteran, with a smile, every chance you get. You do more good than you can know.)
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To: Talisker; All
Why is it that ALL -- and I mean ALL -- conservative talk show scenarios (or articles like this one) assume that a potential showdown 'tween a shooter & a permit loaded-weapon carriers would come down to a one-on-one Old West style shootout?

Ridiculous.

It'd be just as likely that in some places, you could have...
...one shooter & 2-4 permit loaded-weapon carriers

Or you might have -- like with Columbine...
...two shooters...
...and multiple permit loaded-weapon carriers...

Add to that a dark theater with tear gas going off...

And you could easily get two guys with permits shooting @ each other -- because they might assume two shooters...

People utterly fail to think thru a multiple-weapons & multiple carriers scenario where there's poor vision and mass confusion.

44 posted on 07/24/2012 7:52:04 PM PDT by Colofornian (Saying Mitt would keep past political promises is like prophesying that Gumby won't bend anymore)
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To: Talisker
Would you rather be home safe with your family, or even in jail, contemplating the mess you are in; OR would you rather you & your family be in the morgue contemplating NOTHING?

Obviously, by the way the laws are written, the gov't would rather you DIE in a massacre than defend yourself with a gun. Whether you accept this is up to you! I refer you to the Declaration of Independence for guidance.

47 posted on 07/24/2012 8:00:35 PM PDT by Mister Da (The mark of a wise man is not what he knows, but what he knows he doesn't know!)
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To: Talisker
Photobucket
51 posted on 07/24/2012 8:16:23 PM PDT by CodeToad (History says our end is near.)
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To: Talisker

I think of it this way, if I’m alive then I’ll suffer the consequences at my jury trial versus the alternative of being dead and not really having the luxury of a jury trial.


52 posted on 07/24/2012 8:22:53 PM PDT by RetiredTexasVet (Skittle pooping unicorns are more common than progressives with honor & integrity.)
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To: All
Carrying where banned and faced with a gunman, it might boil down to what option you prefer:

Carried by 6

Judged by 12

64 posted on 07/24/2012 10:03:21 PM PDT by QT3.14 (We live in an era with Smart Phones and Dumb People)
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To: Talisker

I guarantee you that corporation would absolutely wither under public support for the lifesaver.


65 posted on 07/24/2012 10:04:53 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Talisker

Chances are, in such a scenario, nothing. The chain could ban him from their premises, but they probably wouldn’t given the huge negative publicity and economic loss that would follow banning a hero.

Under other scenarios where it would be discovered someone was carrying they’d ask them to leave, or put their gun in their car and come back.


67 posted on 07/24/2012 10:24:07 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: Talisker

I carry everywhere I rather be tried by twelve than carried by six.


69 posted on 07/25/2012 1:22:39 AM PDT by bikerman (Obama lied,economy died.)
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