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got broken into... again!

Started by brunoflipper, June 18, 2009, 06:45:10 PM

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custosnox

I think it should be perfectly legel to shoot a theif in the kneecap if they are robbing you (vehicles and stuff like that that doesn't fall under the make my day law).

cannon_fodder

Quote from: custosnox on July 22, 2009, 03:14:53 PM
I think it should be perfectly legel to shoot a theif in the kneecap if they are robbing you (vehicles and stuff like that that doesn't fall under the make my day law).

Please look up the "Stand your ground" law.  Sometimes Oklahoma is ahead of the curve in such matters.
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I crush grooves.

custosnox

if I'm not mistaken, and I may be (and being too lazy to look it up), but the make my day law doesn't let you go out and kneecap someone who is breaking into your car, unless they they are posing a threat to you, and then you have to show that it was a threat.

Red Arrow

Shooting a thief in the practice of his/her occupation is probably a violation of OHSA safety in the workplace laws. 
 

cannon_fodder

Quote from: custosnox on July 22, 2009, 06:36:55 PM
if I'm not mistaken, and I may be (and being too lazy to look it up), but the make my day law doesn't let you go out and kneecap someone who is breaking into your car, unless they they are posing a threat to you, and then you have to show that it was a threat.

You are not mistaken.  However, under the Stand your Ground Law you have expanded rights.   You have the right to confront someone and you can use force to defend your property.  If your use of force results in an escalation of violence by the thief the law can give an excuse to prosecutors to NOT file charges.

For example:
http://concealed.wordpress.com/2007/10/28/stand-your-ground-law-in-oklahoma-upheld/

You can use deadly force to defend yourself if you are in immanent fear of physical harm and have no duty to retreat from any place you have a legal right to be.  So if you see someone breaking into your car and confront them and they charge at you . . . blast away.  You MAY not be prosecuted.

OUJI Interpretation of the law:
QuoteA person has no duty to retreat and has the right to stand his/her ground and meet force with force, including deadly force, if he/she is not engaged in an unlawful activity and is attacked in any place where he/she has a right to be, if he/she reasonably believes it is necessary to do so to prevent (death/(great bodily harm) to himself/herself/ another)/(the commission of a forcible felony).
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=454361

Discussion of the law as related to the OKC Pharmacy shooting:
http://www.news9.com/Global/story.asp?S=10440626

*** Just my opinion.  I am not an expert in this area of law and you should always avoid shooting people.  Also, don't trust anything I say.  ***

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I crush grooves.

custosnox

Right, that is pretty much how I inturpreted the stand your ground law, in addition to the use of deadly force laws.  However, I would like to see it that if someone is commiting burglery, you can punish them by kneecapping them.  But then, I hate theives.

cannon_fodder

Quote from: custosnox on July 23, 2009, 09:52:14 AM
However, I would like to see it that if someone is commiting burglery, you can punish them by kneecapping them. 

It would be something like this:


(full scene: http://www.southparkstudios.com/clips/149674/?searchterm= )
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I crush grooves.

custosnox

Now that's what I"m talking about.  "Go ahead, steal my stuff"