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  • acolytes
    Senior Member
    • Dec 2007
    • 1914

    Things that make you go HUH!???

    Came across this from another forum. Thought it was funny that the DA tried to file charges against this guy saying if the elderly lady had time to call him and call 911 she had time to run. So what they are implying is..... If your eldery lady neighbor calls you saying an armed intruder is breaking into her house you should just say can't help you. Run Forest Run. Last time I checked 86 year old ladies aren't too fast. Here's the post.

    "That's right. I believe in any shooting in California, you are arrested as a matter of course, and your weapons are temporarily confiscated until the matter is cleared up. Of course many over-zeolous District Attorneys attempt to prosecute anyway, and then of course the bad guys family can sue you in civil court, even if you are not found guilty in a criminal court.

    Listening to a radio show over the weekend, and they were talking about the recent shooting in Texas (?) in which the guy blasted two criminals robbing his neighbor's house (good for him!) - and they died. Should he be held for murder? Not in my opinion, I don't know what the law will do.

    Anyway, caller from San Jose called in to the show. He killed an intruder at his elderly neighbor's home two years ago, the guy was armed. The good samaritan was called by his neighbor, an 86 year old woman, informing him of the intruder. He told her to call 911 and he headed over. The DA had the stones to attempt prosecution, and say that if the woman had time to call 911, and he had time to arm himself and go over to the house, then the woman had time to flee the residence. He was cleared of charges, and it only cost him $10,000.

    Stand your ground? Not here. Yeah, any armed intruder at my place will end up deader than a doornail, and then I'll end up jail. California is one buggered up state, that's for sure."
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  • #2
    5968
    Veteran Member
    • Nov 2006
    • 3557

    It totally sucks, but this is the state we live in.
    sigpicIf you loan someone twenty dollars and never see them again, it was probably worth it.
    Originally posted by hoffmang
    NFA is a long ways off as well it should be. Going after the NFA soon is like asking the girl you just met in the bar if she's into anal sex...-Gene

    Comment

    • #3
      ohsmily
      Calguns Addict
      • Apr 2005
      • 8951

      I would like to see actual support or evidence of this "prosecution" you allude to. You are not required to flee from your home if an armed intruder enters and you are in fear for your life or the life of another.
      Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/

      Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego.

      Comment

      • #4
        chico.cm
        Senior Member
        • Aug 2007
        • 649

        Originally posted by 5968
        It totally sucks, but this is the state we live in.
        Not for freakin' long...
        Single issue voting and the 'lesser-of-two-evils' mentality is what got us into this mess!

        Originally Posted by Stormfeather
        "Seriously, some people need to put the keyboard down and go out in the sunshine."

        Comment

        • #5
          soopafly
          Senior Member
          • Oct 2005
          • 2039

          Originally posted by ohsmily
          I would like to see actual support or evidence of this "prosecution" you allude to. You are not required to flee from your home if an armed intruder enters and you are in fear for your life or the life of another.
          I'll second that...it was also my understanding that there was no requirement to flee from an armed intruder after reading "How to Own a Gun & Stay Out of Jail" by John F. MacHtinger. I would also like to see actual support or evidence of this "prosecution" that is alluded to.
          sigpic

          Comment

          • #6
            Bishop
            Senior Member
            • Jun 2006
            • 917

            Originally posted by soopafly
            my understanding that there was no requirement to flee from an armed intruder after reading
            There is no castle doctrine in Ca. If you have to shoot someone in self-defense inside your residence, and you are asked by the police if it would have been possible for you to flee, and you say "Yes, but he was in my home." I'd expect to be prosecuted.
            Originally posted by Jagger
            The words "right" and "people" are ambiguous, dude. Furthermore, the ambiguity was probably intentional.
            This is really all the antis have? I suppose they expected the second amendment to list full names and social security numbers!

            Comment

            • #7
              p7m8jg
              Senior Member
              • Dec 2007
              • 1914

              Originally posted by Bishop
              There is no castle doctrine in Ca. If you have to shoot someone in self-defense inside your residence, and you are asked by the police if it would have been possible for you to flee, and you say "Yes, but he was in my home." I'd expect to be prosecuted.
              slight protection by providing a "rebuttable presumption" of having reasonable fear that the DA will have to overcome with other evidence. For example, you certainly can't shoot somebody in the backyard and then drag them into the house & say "Kings-X".

              Bottom line, that sounds like a stupid prosecution case if its true.

              Comment

              • #8
                Bishop
                Senior Member
                • Jun 2006
                • 917

                Good post! Great info, that stuff is good to know.
                Originally posted by Jagger
                The words "right" and "people" are ambiguous, dude. Furthermore, the ambiguity was probably intentional.
                This is really all the antis have? I suppose they expected the second amendment to list full names and social security numbers!

                Comment

                • #9
                  CSACANNONEER
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Dec 2006
                  • 44093

                  I would never (admit to) go(ing) to help my elderly neighbor. If she had called me, the guy would have shot himself by accident long before I could've got there. That's my story and I'm sticking to it.
                  NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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                  Ventura County approved CCW Instructor
                  Utah CCW Instructor


                  Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                  sigpic
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                  KM6WLV

                  Comment

                  • #10
                    Blue
                    Calguns Addict
                    • Oct 2005
                    • 8069

                    So if you pop a guy with your 22 at your house, you lose your 38, 44, and 45? They take all of your guns or just the one you shot him with?
                    Lord, make my hand fast and accurate.
                    Let my aim be true and my hand faster
                    than those who would seek to destroy me.
                    Grant me victory over my foes and those who wish to do harm to me and mine.
                    Let not my last thought be 'If I only had my gun."
                    And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
                    sigpic
                    NRA Member

                    Comment

                    • #11
                      Pthfndr
                      In Memoriam
                      • Oct 2005
                      • 3691

                      Originally posted by Blue
                      So if you pop a guy with your 22 at your house, you lose your 38, 44, and 45? They take all of your guns or just the one you shot him with?
                      Even in a good shoot, the firearm will always be taken into to for ballistic testing to make sure that it was in fact the gun that fired the round into the body. They won't take all your (other) guns.
                      Rob Thomas - Match Director NCPPRC Tactical Long Range Match

                      Match Director Sac Valley Vintage Military Rifle Long Range Match

                      Comment

                      • #12
                        Maddog5150
                        I need a LIFE!!
                        • Feb 2006
                        • 10526

                        now I dont advocate illegal activity but what is this showing we the people here in california? We can call the cops and have them show up after we are murdered or we can call the cops after defending ourselves only to be harassed by them and charged
                        So how long do you think it will be when people stop calling the cops, taking the body of said dirt bag and dumping him in the desert? new carpet and a few coats of paint sure are cheaper than ten Gs to defend yourself from the socialist dirt bags who run this state
                        Buy my EO Tech XPS3-0!!!

                        For those nutjobs who like to use the word "gouge"
                        Note: I did not write the above article.

                        Any carpenters in Socal want a side project?

                        sigpic

                        Comment

                        • #13
                          p7m8jg
                          Senior Member
                          • Dec 2007
                          • 1914

                          Can anyone verify this happened?

                          That the old lady really got charged?

                          Comment

                          • #14
                            acolytes
                            Senior Member
                            • Dec 2007
                            • 1914

                            From reading the post it seemed that the DA tried to prosecute the guy for coming to his neighbors aid. Even though he was cleared of the charge(s) it cost him $10,000 in attorney fees to defend himself. So what is the state telling us? If your neighbor calls you saying an armed man is breaking into their house you should just say "sorry can't help ya. Call 911 and tell them to send the cops and a paramedics because by the time the cops get there you'll be dead anyway"?
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