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re: A 20-year-old armed man with a rifle, handgun and body armor was stopped by CCW Fireman

Posted on 8/9/19 at 9:35 am to
Posted by Dizz
Member since May 2008
16216 posts
Posted on 8/9/19 at 9:35 am to
quote:

He is just walking around with it, never set it off.. Just walking around NYC with this bomb that all he had to do was connect and set off.. What would have happened to him?


Before and after 9/11 he would have been arrested there is a difference between the legal open carry of a firearm and walking around with an explosive. There are laws against possessing and building explosive devices.
Posted by SUB
Silver Tier TD Premium
Member since Jan 2009
26297 posts
Posted on 8/9/19 at 9:38 am to
quote:

I thought it might be some tard, streaming on youtube, to get views as he did a video to see what people would do at local wal mart if he walked in with gun, armor, and bullets.

Could still be something stupid like that.


That's what it seems like. If he wanted to kill a bunch of people, his actions sure didn't show it. It sounds like more a an experiment by a douche.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 8/9/19 at 9:39 am to
quote:

The fireman, not the kid, is the only one who committed a crime in this case
The fireman acted in self defense. He had a reasonable apprehension of great bodily harm or death and acted reasonably to defend himself and others. You are an idiot.
This post was edited on 8/9/19 at 9:41 am
Posted by Dizz
Member since May 2008
16216 posts
Posted on 8/9/19 at 9:44 am to
Assuming the kid was not breaking any Mizzou laws on open carry he could have shot in self-defense at as well at someone who pointed a gun at him for doing a legal activity. Under your line of thinking you can shoot anyone who open carries in self-defense.

It is possible to acknowledge that this kid is a fricking moron, deserves a kick in the arse, and is lucky he didn't get shot but also acknowledge that he wasn't doing anything illegal. (assuming no Mizzou laws were broken)

Posted by CP3
Baton Rouge
Member since Sep 2009
7592 posts
Posted on 8/9/19 at 9:47 am to
I'm as pro gun and pro-2A as it gets, and I would have done the same thing as the firefighter.

Yes, I'm sure the what the kid did may fall under open carry and be perfectly legal, but there is a huge difference between walking around Walmart with a handgun holstered on your side and walking around a Walmart, immediately after 2 mass shootings, with an AR, high cap mag, and body armor. If you don't see that, then you're as big of an idiot as this stupid kid is.

He is doing way more harm than good in the fight for our gun rights. He just wanted his 5 minutes of fame.

This post was edited on 8/9/19 at 9:54 am
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 8/9/19 at 9:47 am to
quote:

Under your line of thinking you can shoot anyone who open carries in self-defense.
No. Only those that place you in a reasonable fear of death or great bodily harm. It's a case by case analysis under a totality of the circumstances.

quote:

It is possible to acknowledge that this kid is a fricking moron, deserves a kick in the arse, and is lucky he didn't get shot
agreed

quote:

also acknowledge that he wasn't doing anything illegal. (assuming no Mizzou laws were broken)
sure, if he in fact broke no Missouri laws.

Yet, this wouldn't mean that the fireman acted illegally either.
Posted by jchamil
Member since Nov 2009
19897 posts
Posted on 8/9/19 at 9:49 am to
quote:

Under your line of thinking you can shoot anyone who open carries in self-defense.


Probably won't find many on a jury who would think it is reasonable to fear for your life from someone open carrying a pistol. Your odds of finding a sympathetic jury who would think you acted reasonably are going to go way up if that person has on body armor and multiple weapons
Posted by Dizz
Member since May 2008
16216 posts
Posted on 8/9/19 at 9:54 am to
quote:

No. Only those that place you in a reasonable fear of death or great bodily harm. It's a case by case analysis under a totality of the circumstances.


There are no reports that the kid ever raised the rifle or did anything more than have it slung over his shoulder and there are no reports that he threatened harm.

I see your point and I am kind of just playing devil's advocate. The firefighter could have blown him away and likely wouldn't have faced any charges and surely no jury would convict him.
Posted by CP3
Baton Rouge
Member since Sep 2009
7592 posts
Posted on 8/9/19 at 9:55 am to
quote:

The firefighter could have blown him away and likely wouldn't have faced any charges and surely no jury would convict him.


The outcome that should have happened.
This post was edited on 8/9/19 at 9:55 am
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 8/9/19 at 9:56 am to
quote:

There are no reports that the kid ever raised the rifle or did anything more than have it slung over his shoulder and there are no reports that he threatened harm
Sure, but he is openly and heavily armed with bullet protection on near a Walmart days after a mass shooting at another Walmart. I think most juries would find the fireman's apprehension of death or great bodily harm reasonable under these circumstances. More than that, I know most da's would and wouldn't even bring charges.
This post was edited on 8/9/19 at 9:58 am
Posted by Dizz
Member since May 2008
16216 posts
Posted on 8/9/19 at 10:00 am to
No doubt the fireman would walk without charges or at trial. It is going to take some open carry attention seeker getting blown away to force states to re-examine their open carry laws as it comes to anything bigger than a pistol.
Posted by el Gaucho
He/They
Member since Dec 2010
60110 posts
Posted on 8/9/19 at 10:01 am to
Why was the fireman caring a weapon? You can’t put out a fire with a gun
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 8/9/19 at 10:01 am to
quote:

First, there is no crime for “terroristic threats” for exercising a lawful right.
I don't know what laws there are in Missouri for this type of behavior, but assuming there are laws about inducing panic, etc. the fact that open carry may be legal doesn't mean this guy is immune from be prosecuted under those laws.

It harkens back to the example of screaming fire in public may not be illegal, but yelling fire in a crowded theater might be.
This post was edited on 8/9/19 at 10:02 am
Posted by OweO
Plaquemine, La
Member since Sep 2009
122525 posts
Posted on 8/9/19 at 10:02 am to
quote:

You can’t put out a fire with a gun


It must be a water gun.
Posted by dfintlyHmmrd
Jigga City
Member since Dec 2016
1408 posts
Posted on 8/9/19 at 10:15 am to
quote:

, but assuming there are laws about inducing panic,


Exercising your legal right to open carry typically wouldn't be considered inducing panic.
Posted by jchamil
Member since Nov 2009
19897 posts
Posted on 8/9/19 at 10:17 am to
quote:

Exercising your legal right to open carry typically wouldn't be considered inducing panic.


Typically, but would you say your typical open carrier is doing so with body armor, multiple weapons, and a ton of ammo?
Posted by CP3
Baton Rouge
Member since Sep 2009
7592 posts
Posted on 8/9/19 at 10:19 am to
quote:

Exercising your legal right to open carry typically wouldn't be considered inducing panic.


quote:

typically wouldn't be considered inducing panic.


quote:

typically


If you dont' see that this isn't a typical case of open carry, you need to stop huffing paint
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 8/9/19 at 10:20 am to
quote:

Exercising your legal right to open carry typically wouldn't be considered inducing panic.
Agreed. But doing so in the manner and location this person is alleged to have done might be.
Posted by dfintlyHmmrd
Jigga City
Member since Dec 2016
1408 posts
Posted on 8/9/19 at 10:20 am to
I agree it's not your average open carry case, but at the end of the day, to the letter of the law, it's 100% legal open carry
Posted by LSUAlum2001
Stavro Mueller Beta
Member since Aug 2003
48849 posts
Posted on 8/9/19 at 10:22 am to
quote:

I hate to be that guy, but which laws did the armed man break?


A douchebag.

There should be a law against douchebags.
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