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PostPosted: Sat Aug 24, 2019 7:32 pm 
Buckeye

Joined: Wed Mar 29, 2017 9:14 pm
Posts: 1042
Location: Oregon
On news today, this case was on here last summer when it happened. FL vs Drejka.
Drejka was the CCW holder. He approached a car parked in a handicapped park spot and started yelling at the woman (first problem). As a CCW, if you have a gun, never ever, repeat never ever start the problem.
Boy friend(victim) shows up and pushed Drejka back and Drejka fell to the ground. This is all on tape, Victim get not press any attack, he stood. Drejka pulls out gun as victim stepped back, he pointed and shot as victim was backing away and no weapons were in his hands.
Drejka was found guilty of manslaughter, facing up to 30 years in prison.
The DAs prosecuting the case said "Drejka faced no imminent bodily harm or death when he shot."
If you do not understand means, opportunity, intent. Look those up, the BG your going to shoot must have the means to kill or harm you. Also the opportunity to kill or harm you and the intent to kill or harm you just before you pull the trigger. If not, pulling that trigger likely will be not justified.


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PostPosted: Sat Aug 24, 2019 10:25 pm 
Hawkeye
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Location: On the beach and in the hills
Does Florida require a course before getting a license? These things are usually covered in pretty good detail in such a course. But, there will always be idiots among us. All we can do is try not to become one of them.

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"Go low, go slow, and preferably in the dark." The old Sarge (he was like 25)
The man who says a thing can't be done is usually interrupted by the man who is doing it.
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PostPosted: Sun Aug 25, 2019 5:53 am 
Hawkeye

Joined: Tue Dec 25, 2007 8:11 pm
Posts: 7318
Location: missouri
The primary instruction during my CCW "class" (one of the first in the state of MO BTW) was presented by the county prosecuting attorney. The PA covered the legal aspects of carrying and using a firearm for SD. The rest of the training (gun care, shooting skills, suitable firearms) was a waste of time for most of the class.
I don't feel that being a member of the military provides adequate knowledge of civilian concealed carry. I had some military experience and can say that when we thought we might "need" our gun, we had it in our hands. Many of the places were "free fire zones" where anything was fair game. No need to decide if my life was in danger--just light 'em up.
My Son-in-Law got his concealed carry permit by simply displaying his military ID and signing the form. He'd served 2 tours in the Middle East BUT had only minimal knowledge of the legalities of civilian concealed carry. Daughter has worked in the county Sheriff's Dept for the last 3 years and SIL has at least learned some of the legal stuff from association with the Deputies.

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PostPosted: Sun Aug 25, 2019 6:02 am 
Hawkeye
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Location: Greenville, SC: USA
If I recall: yes, Florida requires a class...

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is because I don't know how to be violent."

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PostPosted: Sun Aug 25, 2019 8:32 am 
Hawkeye
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Joined: Sat Oct 17, 2009 1:08 am
Posts: 9863
Location: In the AZ oven (Phoenix basin)
And now we will probably hear several whiners cry "THE 2nd AMENDMENT IS
MY PERMIT!" . . . All the while trying to ignore the legal obligations associated
with any firearms carry/use. :roll:

Sigh. :?


:D


As to the guy now in jail, I hope he is there for MANY decades!

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PostPosted: Sun Aug 25, 2019 10:07 am 
Buckeye
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Joined: Sun Jul 19, 2015 4:04 pm
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Location: Texas
He was (and probably still is) an idiot.

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PostPosted: Sun Aug 25, 2019 10:10 am 
Hunter

Joined: Fri Jun 14, 2002 1:01 am
Posts: 2416
Location: fallon, nv
You should know your state's law, AND USE COMMON SENSE.

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PostPosted: Sun Aug 25, 2019 10:47 am 
Hawkeye
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Joined: Fri Dec 16, 2005 2:01 am
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Location: On the beach and in the hills
nvbirdman wrote:
You should know your state's law, AND USE COMMON SENSE.


Problem is that second part is extremely rare and becoming more scarce every day. Talk to most young people today and you'll come away wondering when they will grow up.

They should all be required to wear t shirts that say "I live in Fantasyland".

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Jeepnik "AKA Old Eyes"
"Every man should have at least one good rifle, and know how to use it." Dad
"Go low, go slow, and preferably in the dark." The old Sarge (he was like 25)
The man who says a thing can't be done is usually interrupted by the man who is doing it.
"Freedom is never more than a generation from extinction." Ronald Reagan


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PostPosted: Sun Aug 25, 2019 12:04 pm 
Hunter

Joined: Sun Aug 05, 2007 1:01 am
Posts: 4143
Location: GA
I haven't done it for a while but I try to go back & read over my states firearms/self defense laws from time to time. It can help one avoid a lot of trouble. I think I killed comments on a post that was on a local facebook group that relates to area crime. Someone posted about a car being stolen & folks started posting about what they would do if someone tried to steal their car. I pointed out that shooting someone over property can get you locked up for a really long time & linked State Code. All of a sudden the chest thumping ceased.

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PostPosted: Sun Aug 25, 2019 12:26 pm 
Buckeye

Joined: Wed Mar 29, 2017 9:14 pm
Posts: 1042
Location: Oregon
Way back in 1977 or 78, while I was learning legal stuff at a place of higher education.
This case was gone over in detail and I still remember it.
Portland Oregon early 1970s Home owner at home in daytime. Burglar breaks in and they fight and fight hand to hand combat. Burglar gets away and runs down the street. He stopped to maybe to catch his breath. Home owner had time to get his trusty hunting rifle out. Sees burglar standing in the street about 2 blocks away. Home owner was a good shot and killed the guy with 1 shot. Home owner went to prison.
His defense was self defense. The jury said no self defense when the suspect had no means, opportunity or intent to cause any harm while he stood 2 blocks unarmed from the home owner. If the shot was taken during the fighting in the house, that would be a different story.
Back then and still today here if those 3 things I keep mentioning are present during a self defense shooting, I do not know of anyone being convicted of a crime while defending themselves. Leave some or part of those 3 things out and trouble in the legal system will likely follow.


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PostPosted: Sun Aug 25, 2019 12:48 pm 
Hawkeye
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Joined: Sat Nov 23, 2013 8:28 am
Posts: 13424
Location: Monroe County, MS
Personally I'm of the opinion that EVERYONE, not just people with guns, should have some useful knowledge of State & Federal firearms (and other laws that pertain to individuals) including LEO. It oughta be a required subject, starting in the 7th grade.

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PostPosted: Sun Aug 25, 2019 3:21 pm 
Hawkeye
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Joined: Tue Nov 15, 2005 2:01 am
Posts: 14302
Location: Greenville, SC: USA
Absolutely, I'm amazed (well not really) that many people do not know that just making a threat to hurt, let alone kill, someone is actually a crime. Seems people like to say stupid things.... I even see it here in the political section when certain folks on the other side of the fence are being discussed.....

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CSIA #599 DCS

"Don't ever think the reason I'm peaceful
is because I don't know how to be violent."

"I'd rather Die while I'm Living than live while I'm Dead"... Jimmy Buffet


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PostPosted: Sun Aug 25, 2019 3:57 pm 
Hawkeye
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Joined: Sat Nov 23, 2013 8:28 am
Posts: 13424
Location: Monroe County, MS
blume357 wrote:
Absolutely, I'm amazed (well not really) that many people do not know that just making a threat to hurt, let alone kill, someone is actually a crime. Seems people like to say stupid things.... I even see it here in the political section when certain folks on the other side of the fence are being discussed.....


Simple law lesson: Everything is allowed; except what isn't allowed. Trouble is we get more of the later, and less of the former every single day. :roll:

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PostPosted: Sun Aug 25, 2019 9:14 pm 
Hawkeye

Joined: Thu Oct 26, 2006 1:01 am
Posts: 14923
Location: Woodbury, Tn
Saying you will kill someone is an crime? If that is so why aren’t those people picked up and prosecuted? Cops won’t pickup, DA’s won’t issue arrest warrants on just a say so!
gramps

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PostPosted: Sun Aug 25, 2019 9:16 pm 
Hawkeye

Joined: Thu Oct 26, 2006 1:01 am
Posts: 14923
Location: Woodbury, Tn
I definitely agree, know the laws where you carry! When I traveled, I printed off the firearm laws of the states I was visiting, and kept them handy if I needed to refresh my memory.
gramps

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