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The
Below Comments Relate to this Newslink:
Claiming Self-Defense Isn't a Get-Out-of-Jail-Free Card
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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It’s become an all-too-familiar scenario: a gun owner becomes scared that a protester or mere passerby could endanger him and brandishes a gun. The gun owner then asserts that the rights to self-defense and to keep and bear arms protect him from prosecution. This line of argument, which is playing out in the McCloskey case in St. Louis, greatly misconstrues the scope of the Second Amendment and how self-defense actually works as a defense to criminal charges. |
| Comment by:
MarkHamTownsend
(7/24/2020)
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So .... trespassers breaking down a fence .... threatening to kill the husband , wife and dog, threatening to burn down their house ... and in a locale with Castle Doctrine ...
NO RIGHT TO SELF-DEFENSE????
They WERE NOT "MERE PASSERSBY" and they WERE NOT en route to the mayor --- there was no path TO the mayor through the Mcloskey's property.
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| Comment by:
PHORTO
(7/24/2020)
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This waste of words can be shot down with one fact:
THE PARAMETERS OF SELF-DEFENSE ARE CODIFIED IN MISSOURI LAW.
The Second Amendment right is a given, so it's not at issue. What IS at issue is that Missouri has gone to great pains to moot debate, and spells out in detail what acts are lawful in the exercise of self-defense rights. |
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| After having thus successively taken each member of the community in its powerful grasp and fashioned him at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a network of small, complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided; men seldom forced by it to act, but they are constantly restrained from acting. Such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd. — Alexis de Tocqueville |
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