plthijnx and I live in a tough 'hood

[Elspode]

Originally Posted by slang

So it's a "make my day, please fall inside" law. Good.

There are some states that you not only have to leave when an intruder breaks in, but you must also have low cal sandwhich fixings ready with a six pack of cola beverage, as well as having the TV remote included with that package.

There is no law at this time that the TV remote must have multilinguial instructions available, which is truly a violation of civil rights.

Better make that low-fat sandwich fixins as well, because you'll be sued for contributing to their future heart attack or obesity problem as well. Let's hear it for victim mentality!

[slang]

Originally Posted by Elspode

..... future heart attack or obesity problem as well....

I believe that there is a waiver that eliminates this liability for those retreaters in NY, but it's not often signed as you might imagine.

Finding a notary this quickly is also quite a problem.

[glatt]

Just make sure the "intruder" isn't really an unarmed 16 year old Japanese exchange student showing up at the wrong house for a Halloween party.

You can Google "Yoshihiro Hattori" if you have forgotten, and want to see why these restrictions exist today.

[slang]

Originally Posted by glatt

Just make sure the "intruder" isn't really an unarmed 16 year old Japanese exchange student showing up at the wrong house for a Halloween party.

This isnt the official account of the incident but provides more details.

Yoshihiro Hattori - answers.com

I would guess that having all these circumstances happen all at the same time would be extremely rare.

Tragic? Of course. Common? I would think not.

What might you think?

"As ringing the doorbell[2] did not provide an answer, Hattori and Haymaker started moving towards the carport door on the side of the house to find the party entrance. Inside the house, however, Mrs. Bonnie Peairs had answered the door, only by this time meeting nothing but an empty yard. Alerted, she also looked through the carport door. Realizing two strangers were moving on her property and approaching in a hasty manner, Mrs. Peairs, startled, backed up inside the house, locking the door, and then ran to tell her husband to "get the gun". Hattori and Haymaker were still pondering the situation, when the carport door was opened again, this time by Mr. Peairs who was armed with a stainless steel revolver. Noticing someone appear in the doorway, Hattori ran towards him saying "We're here for the party" in broken English, unaware of the imminent danger. Haymaker, seeing the weapon, shouted after Hattori, but his warning was either not heard, or was misunderstood during the short time the event unfolded. (Kernodle 2002; Fujio 2004; Harper n.d.) - this paragraph to be updated -"

It is these rare circumstances that create the legislation of retreat.

[MaggieL]

Originally Posted by glatt

You can Google "Yoshihiro Hattori" if you have forgotten, and want to see why these restrictions exist today.

They are hardly that recent; the legal principles are much older than the Hattori case.

That said, many justification statutes include a "reasonable belief" provision; if if it turns out that you were not in danger, your use of deadly force is viewed as justified if you reasonably beleived you were.

This is where the "judged by twelve vs. carried by six" decision comes into play. (c.f. the "naked drunk" case I cited in another Cellar thread back in 2001)

[glatt]

The Hattori incident was one of the straws that broke the camel's back and caused the government to pass the Brady Bill.

If an industry appears to have problems and doesn't police itself, the government steps in to police it. The perception in the early 90's was that gun owners were a bunch of irresponsible nuts who needed to be told how to handle their guns safely. Doesn't matter if it was true or not, that was the perception of many (possibly most) americans back then. As a result, you had restrictions placed on gun ownership. Same principle applies to many industries. Right now it's the FCC against TV nudity.

[slang]

Of course glatt.

[MaggieL]

Originally Posted by glatt

The perception in the early 90's was that gun owners were a bunch of irresponsible nuts who needed to be told how to handle their guns safely.

Of course, the connection between "gun safety" and anything in Brady is tenuous at best.. "Gun safety" is the latest code word for gun prohibition...because the euphemism "gun control" has been used up.

http://www.clintongunban.com/

Kind of like how "liberal" has been replaced with "progressive".