Husband Goes To Jail For Shooting Robber Who Was Holding His Wife At Gun Point

[The Shadow]

Sorry, you're wrong on this one. State laws are not above the constitution, This argument was settled in the Civil War.

its a state by state situation.



http://www.cnn.com/SPECIALS/1998/schools/gun.control/

 

[velvett]

so as long as a state passes laws, it is ok regardless of constitutionality?

say a state wants to pass a law forbidding people to speak out against the government or any elected officials, would states rights superceded the constitution in that case? no.

the constitution is the law of the land when it comes to governmental restrictions.

the 10th amendment is what gives the states the authority to govern anything not already covered by the constitution - but in the case of gun laws, it's already been covered by the 2nd amendment.

unfortunately, we have unconstitutional gun laws, which have only made society more dangerous, because of people thinking the government can do as they please or just complete and total indifference.

hopefully, people will wake up sooner rather than later.

Well, you have the right to feel that way and the only reason is has many society more dangerous is because it is so easy to purchase and use firearms unlawfully so those who do have licenses and registered arms are being punished.

Razorguns had already said it best:

If you read the description of the accounts -- it's pretty complicated and drawn-out. Lots of write-down and i'm sure the robbers gave all kinds of fancy accounting of what happened too.

It's NOT the cops job to decide what happened or who is at fault, etc. It's the DA's.

The cops just followed protocol. Would YOU wanna get chewed out by your boss when you go back to the station and he asks "That guy, with an illegal gun, shot an unarmed person, point black -- you arrested him right?". "uhh. no Sargeant". "Why not?". "Uhh, cuz he was a nice guy?".

Fact is -- 99% chance the DA won't press charges against this guy. So relax.

The cops, under training, all they can do is write down everything that happened, make the mandatory arrest, then let the judge and DA figure it out.

That's how our justice system works. If you don't want cops becoming judge, jury and executioner -- then you must SUPPORT them when they go by the book and do their job.

The man had a permit so his is aware of the laws in his state and really should have updated his paper work - it's just so simple there's no excuse for it.

 

[lilswole2]

crime happens anywhere, any place, any time, and to anyone.[

what's goin on bro's,
i personally think anybody who thinks a man should go to jail for protecting his family has some big ball's all i can say is wait till it happens to you.Itcan happen anywhere.my opinion on this issue is very strong because i was a victim.i will be 23 in feb when i was 18 i got my first apartment 2 weeks later 2 guys tried to rob me when they kicked in i was laying on the couch half asleep i was on top of my game. tv went off as soon as they kicked the door in so it was pitch black.right before i tackled the first guy he let off 2 shot the other guy got scared and left his buddy the guy i was fighting with in the dark was 30yrs old.i had a small knife on the counter
which he got a hold and stabbed me in the right fore arm the struggle ended 2 mins later as i continued to smash his face with a wooden knife block i was then mased and tackled by police in my apartment.The case lasted about 6 months in which i was incarcerated.I was charged with ag assault ordered to pay for reconstructive surgery for the robbers face.i was sentenced to 2-5 years in dallas state corectional facilitys . u know what i would do it again

 

[velvett]

i personally think anybody who thinks a man should go to jail for protecting his family has some big ball's all i can say is wait till it happens to you.

Did read the article?
He was arrested because he did not have a valid permit for his pistol - an expired permit is the same as not permit at all.

 

[Tom Treutlein]

Swole, if the light was off and it was pitch black, how did he find the knife on the counter that you owned?

 

[lilswole2]

i did misunder stand the article but i guess what i was trying to voice is that even though the guy did'nt have his permit up to date he is not the bad guy why should he have to go to jail.but that's the law i guess

 

[Tom Treutlein]

No, the really question is: "why weren't you?".

 

[lilswole2]

the door entry goes in to the kitchen it was kind of one big room the knife was just layind on the counter along with a bunch of other stuff we wrestled around and fell a couple of times and got back up i think we were both reaching for what ever we could get are hands on i guess he found something first.

 

[XBiker]

The constitution does not matter in this case, states are governed by their own laws therefore it is privledge not right.

The constitution doesn't matter?

Yes, it does.

It's a RIGHT to bear arms under the constitution.

It becomes a PRIVELEDGE at the state level, as they are RESTRICTING the RIGHT that is guaranteed via the CONSTITUTION.

Reread my earlier post. A jurisdiction can be MORE restrictive, but not less. The litmus test is if it's constitutional or not. A state supreme court would make that decision and it might possible go all the way up to the US Supreme court if needed.

However, seeing as many judges weigh their decisions on the "greater good", it would probably stand as constitutional, as in NOT conflicting with the higher law, which is the US Constitution.

 

[ceo]

keep your shit up to date? what the hell is that supposed to mean?

what part of 'shall not be infringed' don't you understand?

citing some bullshit, unconstitutional gun laws as justification for a man getting charged with multiple felonies for simply defending his family is utter and complete crap.

I couldn't agree more...up to date license or no fucking license.
What a sad state of affairs.