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Originally posted by Astyanax
I heartily applaud the police for apprehending this dangerous lunatic.
Civilized men and women have a bargain with the State. In exchange for giving up their right to use violence, the State protects them from the violence of others. Most civilized countries do a very good job of this. The USA does it incredibly badly because of an anomalous constitutional provison that allows citizens to bear arms. Over the years, hundreds of thousands, if not millions of Americans, have paid with their lives for this foolishness.
Originally posted by spikey
reply to post by Aggie Man
Exactly!
How can the arrest a man and confiscate his weapons and supplies, if owning weapons and ammunition is perfectly legal in the US?
Isn't it illegal to arrest someone for something that is NOT illegal?
Doesn't make any sense. Either this bloke had a licence legally entitling him to own and use firearms, or he didn't! If he did, he's well within his rights to own guns and ammo, regardless of what he thought he may have to use them for in the future!
He hasn't committed any crime has he?
Your police are seriously thick..sorry, but the more stories like this that come out of the US, the more incredible it gets.
Your Right of Defense Against Unlawful Arrest
“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306.
This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.
As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)
Originally posted by Bobbox1980
I have thought about owning a stun gun or taser but they are next to useless in CT, they can only be kept in the home, you can't take them out with you.
Originally posted by Astyanax
I heartily applaud the police for apprehending this dangerous lunatic.
Civilized men and women have a bargain with the State. In exchange for giving up their right to use violence, the State protects them from the violence of others. Most civilized countries do a very good job of this. The USA does it incredibly badly because of an anomalous constitutional provison that allows citizens to bear arms. Over the years, hundreds of thousands, if not millions of Americans, have paid with their lives for this foolishness.
Originally posted by MrXYZ
If you like collecting guns, or going to the shooting range...fine.
But if you believe in preparing for "armageddon" and martial law, I'm happy if they take your guns. Even if it comes to the worst case, do you really think your desert eagle stands the slightest chance against military grade weapons systems? Guns aren't the answer. Use your brain, work within the system to change the system. Blunt force is the way of the stupid, and uneducated.
Originally posted by Asktheanimals
Guns are legal but batons are not?
What grounds did they give for a search? (none)
Illegal search. period.
Originally posted by MrXYZ
If you like collecting guns, or going to the shooting range...fine.
But if you believe in preparing for "armageddon" and martial law, I'm happy if they take your guns. Even if it comes to the worst case, do you really think your desert eagle stands the slightest chance against military grade weapons systems? Guns aren't the answer. Use your brain, work within the system to change the system. Blunt force is the way of the stupid, and uneducated.
Originally posted by Moonguy
reply to post by METACOMET
"Girard indicated he was preparing for ‘Armageddon,’ which he felt was imminent, and he felt martial law would soon be imposed,”
That is why he got arrested!