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re: Road Rage gun incident in NC

Posted on 3/26/13 at 3:57 pm to
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 3/26/13 at 3:57 pm to
quote:

If the tables were turned, would the 16yo have a vaild self defense case with the old guy following them home or would he be in trouble also for being a juvenile in possession of a handgun?


The laws surrounding a 16 year old and a pistol and very weird from state to state. Can we say he is 18? If so, he can shoot to kill. The kid drove for over 20 miles trying to get away from this guy. Once stopped, the guy jumped out of his car and attacked the kid. THE KID SHOULD SHOOT NOW! He will be 100% in the right.
Posted by JAB528
The Mexican Ocean
Member since Jun 2012
16870 posts
Posted on 3/26/13 at 3:58 pm to
I know in LA. If you have consent from your legal guardian, you can possess a handgun. If you're under 18.
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 3/26/13 at 4:01 pm to
quote:

I know in LA. If you have consent from your legal guardian, you can possess a handgun. If you're under 18.


I used to know the law, when it applied to me. I know that you can only open carry it when you are 17 and with a parent, though. In a situation like this, you will get in trouble if you are under 18 and have to shoot someone. How was the kid transporting it? Concealed or open? Either is illegal at that age.
Posted by CoastieGM
Member since Aug 2012
3185 posts
Posted on 3/26/13 at 4:01 pm to
My personal opinion (not legal) from watching the video:

None of the males should be charged with assault. Older guy initiated, but got his arse whipped. Younger guys were responding. Mutual combatant.

Woman shouldn't be charged, especially since she didn't draw a bead...just brandished to stop her husband from getting seriously injured.

Older guy SHOULD be charged for unnecessary display, pointing and discharging the weapon. When his wife brandished, the incident was over. But the older guy had to keep pushing.
Posted by StinkDog12
TW, TX
Member since Nov 2006
4753 posts
Posted on 3/26/13 at 4:02 pm to
AGE ASIDE (because I dont know the laws on age)

If the guy woulda smoked his arse with the pistola when he approached the truck attempting to throw the punch....I cant see how he would have been liable at all? To me that would text book self defense (even though the dude didnt present a weapon during the initial attack)

There is no way to gauge if you are going to get your arse whooped or not?
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 3/26/13 at 4:04 pm to
quote:

None of the males should be charged with assault. Older guy initiated, but got his arse whipped. Younger guys were responding. Mutual combatant.


The older guy chased them for over 20 miles. He is guilty of more than starting a fist fight, with a minor.

Thats assault.

quote:

Woman shouldn't be charged, especially since she didn't draw a bead...just brandished to stop her husband from getting seriously injured.

I kinda agree with this. She was just reacting and not thinking. Not an excuse but who can blame her.

quote:

Older guy SHOULD be charged for unnecessary display, pointing and discharging the weapon.

This and more.
Posted by JAB528
The Mexican Ocean
Member since Jun 2012
16870 posts
Posted on 3/26/13 at 4:04 pm to
Yeah I'm not sure about the carrying laws. I just remember when I was 16 and carried my handgun in my truck to and from checkin the hog traps, I went through a check point, the cops called my old man and asked if I had permission to have it and if they knew I had it. My old man said yeah. They let me go.
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 3/26/13 at 4:05 pm to
quote:

There is no way to gauge if you are going to get your arse whooped or not?


You cannot see a big guy walking down the street and shoot him because you think he can kick your arse.

However, after the first punch was thrown, the kid could have shot. It was obvious, after a 20 mile chase, that the guy was trying to harm the kid.
Posted by JAB528
The Mexican Ocean
Member since Jun 2012
16870 posts
Posted on 3/26/13 at 4:06 pm to
quote:

If the guy woulda smoked his arse with the pistola when he approached the truck attempting to throw the punch....I cant see how he would have been liable at all? To me that would text book self defense (even though the dude didnt present a weapon during the initial attack) There is no way to gauge if you are going to get your arse whooped or not?


If someone followed my arse home for 20 miles then was approaching my truck with hostility. I'd pull my piece. I think that's self defense as well.
This post was edited on 3/26/13 at 4:08 pm
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 3/26/13 at 4:08 pm to
quote:

I think that's self defense as well.





I think thats a gray area. If you shoot and kill with no marks on you and no weapon on him, you gonna be shite up a creek. However, once he punches first, its fair game.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29287 posts
Posted on 3/26/13 at 4:09 pm to
quote:

Road Rage gun incident in NC

quote:
There is no way to gauge if you are going to get your arse whooped or not?



You cannot see a big guy walking down the street and shoot him because you think he can kick your arse.

However, after the first punch was thrown, the kid could have shot.



No. Kid was on his own property, having been chased by an unknown car for miles and now he is being approached by an unknown person in anger. If he is concerned for his safety, he can shoot. If you have to let someone get a first punch in, that kinda defeats the purpose of self-defense. Hard to defend yourself if you are on the ground.
Posted by wickowick
Head of Island
Member since Dec 2006
45802 posts
Posted on 3/26/13 at 4:09 pm to
quote:

I kinda agree with this. She was just reacting and not thinking. Not an excuse but who can blame her.


I would love to know the converstaion between the husband and wife for 20 miles and if there was a discussion about the gun and how it should be handled.

If I was the man and did that and my wife was with me, she would have shot me...
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29287 posts
Posted on 3/26/13 at 4:10 pm to
quote:

I would love to know the converstaion between the husband and wife for 20 miles and if there was a discussion about the gun and how it should be handled.

If I was the man and did that and my wife was with me, she would have shot me...



How about the discussion before they came back later and shot up the truck?
Posted by JAB528
The Mexican Ocean
Member since Jun 2012
16870 posts
Posted on 3/26/13 at 4:10 pm to
If he's followed me home, I think its safe to say he was up to no good, however the law may frick me in that situation.
This post was edited on 3/26/13 at 4:11 pm
Posted by StinkDog12
TW, TX
Member since Nov 2006
4753 posts
Posted on 3/26/13 at 4:11 pm to
quote:

If someone followed my arse home for 20 miles then was approaching my truck with hostility. I think that's self defense as well.


I hope to hell it is...because if it isnt and I am ever in that position, that dude that chased me for 20 miles woulda got smoked as soon as he approached my door. And I consider myself to be a pretty "easy on the trigger type of dude"
Posted by JAB528
The Mexican Ocean
Member since Jun 2012
16870 posts
Posted on 3/26/13 at 4:11 pm to
I'm with ya.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 3/26/13 at 4:12 pm to
quote:

Road Rage gun incident in Germany
fify
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29287 posts
Posted on 3/26/13 at 4:13 pm to
quote:

however the law may frick me in hat situation.


I think you would be ok.

I think the wife's defense would be that she thought they were going to kill him or were escalating the fight with it being 2 on 1. So, she pulled the weapon to defuse the situation. I bet she ends up walking.
Posted by StinkDog12
TW, TX
Member since Nov 2006
4753 posts
Posted on 3/26/13 at 4:14 pm to
for phucks sake...what is the point of carrying a gun for self defense if you gotta get knocked the phuck out before you can use it???
Posted by EMP40 LSU
Member since Mar 2010
387 posts
Posted on 3/26/13 at 4:14 pm to
quote:

If the guy woulda smoked his arse with the pistola when he approached the truck attempting to throw the punch....I cant see how he would have been liable at all? To me that would text book self defense (even though the dude didnt present a weapon during the initial attack)


That is NOT text book self defense. Even in Louisiana with our favorable laws, you'd have a hard time proving that lethal force was justifiable.

They should have called the cops, and if they had to stop, which they shouldn't have, the window should have been up. If the guy started trying to break it, then you might have a case but it's still not a good scenario.
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