Calif. pot patient convicted in thief's death

[Lloyd Danforth]

But even those who do understand it --perhaps especially those-- fear the armed gang too much to resist as one would resist an "unauthorized" thief.

I wasn't talking about people who understand it.

I'm guessing that survivors of the two dead guys in Huston will successfully sue the shooter out of everything else he owns or, possibly kill him.

Bird is an idiot, but doesn't deserve jail time.

You guys wonder why folks want to take away our guns. Stuff like this is why.

[Jim Johnson]

You can't use your gun when someone is stealing from you.
You can't act like your going to use your gun if you want someone to leave your property.
You can say something like, I have a gun at home and I am not afraid to use it, even though you are scared to death of the consequences.
More likely than not you are not going to be any where near your gun when you actually need it.

One wonders why some would even have a gun?  Maybe a false sense of security?

If the consequences of it's use are always to dear, might I suggest you a Teddy Bear?

[Pat K]

[littlehawk]

You must "fear for your life" is the catch-all phrase.

[KBCraig]

I'm guessing that survivors of the two dead guys in Huston will successfully sue the shooter out of everything else he owns or, possibly kill him.

Nope. Justified shooting = total civil immunity under state law.

Bird is an idiot, but doesn't deserve jail time.

If Bird did what he was convicted of, he might be an idiot. The allegations weren't even "she said, he said", it was just "she said". And "she" has serious mental issues, and by her own testimony knew she was in the wrong place, knew she was going past the point she'd been told to not pass, saw but ignored the 12(?) big and bold "no trespassing" signs, continued anyway, refused to leave when told, and stood there for 15 minutes arguing with a man she then claimed was angrily waving a gun at her.

Sorry, I don't buy her story at all.

[Free libertarian]

This story does bring up the question of what is acceptable retaliatory or defensive force.

From the comfort of my chair it's easy to speculate on this, but in a real world situation what I would do and the maximum of what is acceptable could be two different things. 

So far we know Jim would have blown him away, spit on the ground and calmly made breakfast.

I would have frozen, clutching my heart, gasping no, no not my weed. Please come back, then maybe shot their tires out or not...because well...I guess I'm indecisive.

What would Lloyd have done?

[Lloyd Danforth]

Lloyd had a gun on a burglar, in his bedroom, and although he probably should have held him for the police, ordered the quivering piece of shit out of his house.
He tripped and went down a flight of stairs on his ass, I presume, as I waited until I heard him go out the first floor door and then went and locked it.
He, somehow managed not to shoot his violent, drunk Brother-in-law when he broke thru a door in Lloyd's parents home.
He also didn't present his gun on several occasions while threatened while driving a cab.
I failed to stay in the 'third person',  I know.

[Lloyd Danforth]

I admit I didn't know the details in the Bird case beyond her not threatening him. I guess if she was deranged, and it went on and on, it was better to show the gun, then to call the police and miss even more of American Idol or whatever.

[Free libertarian]

Thanks for the details of past instances in your life Lloyd.  I'm glad you made it out safely to become our lovable Curmudgeon.

I  thwarted a potential break in at my front door late one night many years ago, (I was unarmed) by strongly suggesting the would be burglar leave. I was at the height of my manly prowess then and figured bullets would bounce off me.  No bullets were fired, would be thief scampered away searching for some kryptonite no doubt and a bandaid for the holes my x-ray vision had bored into him.

What would you have done if  "your" burglar was armed, refused to leave or was fleeing with your wallet or your "medicine" ?

At what point do you think deadly force is justified? 

Should the weed gardener go to jail for protecting his property ? Why?


All this weed talk is making me salivate by the way...

[Lloyd Danforth]

Me too!

If I had seen a gun, I would have emptied mine.

[Lloyd Danforth]

Between 45 seconds and 1 minute something:

Tastes Like Fresno

[littlehawk]

"fearing for your life" covers a large area.

[Pat McCotter]

Not being able to retreat gives me a bit of an edge in the justification defense. But, yes, in public, I would have to fear for my life. In my home, though, if you break in you'd better be yelling "Police!"

[KBCraig]

In my home, though, if you break in you'd better be yelling "Police!"

That's not good enough.

http://www.brownsvilleherald.com/news/palmview-121519-shoots-apparently.html

[dennissmoke]

If they were breaking in to steal his money or tv and he shot em ..would they let him go then?...What if they were trying to steal his barbque grill can you shoot them than?...I bet if someone broke into the cops house and tried to steal something it would be ok...