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Thread: Show us your Guns!

  1. #2951
    Call Me a Cab 1961MJS's Avatar
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    Quote Originally Posted by Atticus Finch View Post
    Might be a good time for a humbly offered public service announcement. ...
    Second, even if a person is not charged with murder for shooting an assailant, there will still likely be a wrongful death action brought by the assailant's loved ones. Such a civil action can cost tens of thousands to defend and bankrupt the shooter's family, even if he ultimately prevails.

    Just saying....

    AF
    HI Atticus

    According to Kansas Law, if you are not charged with a crime for killing someone, AND you have a Concealed Carry Permit, you CAN NOT be charged in civil court for wrongful death. Of course, that hasn't been tested yet and I sure hope it ain't my turn.

    Later
    Mike

    Groucho Marx said it best:
    “Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying all the wrong remedies.”

  2. #2952
    Incurably Addicted AtomicEraTom's Avatar
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    Could life get any better than this?

    -Tom N.

    I tell it like it used to be.

  3. #2953
    Call Me a Cab Atticus Finch's Avatar
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    Quote Originally Posted by 1961MJS View Post
    ...According to Kansas Law, if you are not charged with a crime for killing someone, AND you have a Concealed Carry Permit, you CAN NOT be charged in civil court for wrongful death.
    Yes, I would be hesitant to rely on such a law passing constitutional muster. Prosecutors charge…or not…based on the standard of proof required in criminal actions, which is proof beyond a reasonable doubt. Civil wrongful death actions need only to be proved by a preponderance of the evidence...a much lower standard. To allow, or disallow, a private cause of action based on the decision of a prosecutor in a companion criminal investigation would probably, at the very least, violate the Constitution’s Due Process Clause. In effect, it would allow the district's prosecutor to determine who can be sued for wrongful death, even though he or she would have no standing in such a civil case.

    AF
    The South: Heat and Spanish moss. A Strange hot land of courtly manners and sudden violence, elegance and anger.

  4. #2954
    Call Me a Cab Atticus Finch's Avatar
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    By the way, I'm not aiming to hijack the thread. But with all the talk here about carrying for self defense, I just thought my post above could be relevant to the discussion.

    AF
    The South: Heat and Spanish moss. A Strange hot land of courtly manners and sudden violence, elegance and anger.

  5. #2955
    Familiar Face
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    Wisconsin enacted three pieces of Legislation last year germane to this discussion.
    First the ability to obtain a Concealed Carry License if you meet the requirements. The Law does not address a Civil immunity if you act while carrying concealed with a License and I would suspect that neither does Kansas Law but I have not researched the Kansas Legislation.
    The second piece of Legislation is known as the Castle Doctrine Law and removes the burden of proof of intent if you shoot someone that is in your residence or vehicle illegally while of course you are inside. This Law does provide for Civil immunity in this case.
    The Concealed Carry Legislation also allows anyone to carry a loaded unconcealed handgun in a vehicle.
    The third piece of Legislation removed the requirement for casing a long gun in a vehicle as long as the long gun is not loaded. Welcomed by hunters!
    In any event this trio of Legislation along with Wisconsin's own Right to Bear Arms amendment passed a few years ago provides for powerful tools in the fight against crime.
    The NRA and the WISCONSIN CONCEALED CARRY ASSOCIATION with Jim Fendry led the way and should be congratulated.-Dick
    Last edited by budrichard; 01-11-2012 at 01:07 PM.

  6. #2956
    Call Me a Cab Atticus Finch's Avatar
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    North Carolina's NCGS 14-51.3 does address civil liability but the statute simply states that, if the use of deadly force is justified under our home defense statutes (14-51.1; 14-51.2), then civil liability will be barred. In other words, it makes our criminal home defense statutes a possible affirmative defense in certain civil wrongful death actions. Of course, such a defense would be proved or not proved in the wrongful death action, itself. Nothing a prosecutor does or does not do in a companion criminal action would be relevant.

    AF
    The South: Heat and Spanish moss. A Strange hot land of courtly manners and sudden violence, elegance and anger.

  7. #2957
    Practically Family Doublegun's Avatar
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    Quote Originally Posted by AtomicEraTom View Post
    Could life get any better than this?

    For several years I worked weekends at a gun club pulling skeet and trap in the mid-70's and I don't ever recall seeing a creature like that but I dreamed of it. Clearly it was a simpler less litigious time; no ear or eye protection.

  8. #2958
    Call Me a Cab 1961MJS's Avatar
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    Quote Originally Posted by AtomicEraTom View Post
    Could life get any better than this?
    Well Tom, there COULD be three or four of them...

    Not sure how I'd be able to coach them though...
    Mike

    Groucho Marx said it best:
    “Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying all the wrong remedies.”

  9. #2959
    Practically Family Kirk H.'s Avatar
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    A model 10 and 36 from the 1960's

  10. #2960
    Practically Family Kirk H.'s Avatar
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    A Colt Detective Special from the 1990s (When they reintroduced them again) and a Colt SFVI ( A stainless steel D-frame that they then changed the name to the DSII before discontinuing it)

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