The laws in TN have automatically given justification for homeowners to use lethal force in the case of a home invasion/burglary. New legislation has broadened these laws to any building and/or vehicles. Now we have a store clerk who blew away a guy for stealing. Is this too much leniency for gun owners?
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Shoplifter killed by store clerk following more lenient self-defense laws in TN
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Shoplifter killed by store clerk following more lenient self-defense laws in TN
The laws in TN have automatically given justification for homeowners to use lethal force in the case of a home invasion/burglary. New legislation has broadened these laws to any building and/or vehicles. Now we have a store clerk who blew away a guy for stealing. Is this too much leniency for gun owners?I'm 10-8 like a shark in a sea of crime..Tags: None
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It was TN that producted the SCOTUS ruling that you can't shoot at a fleeing non-violent felon.
Edit: I read the reference, which I missed at first. That's essentially when GA law states, FL and other states. No duty to retreat when threatened by deadly force.
The guy who was busted for shooting the shoplifter is in deep doo-doo, however, if the article is correct. It only allows you to protect yourself against the use of force, or the threat of force.
Your car is the same as your house, 4th Ammendment-wise. They passed anti-hijacking laws in several states BEFORE the "No Duty To Retreat" law was passed by SCOTUS.
I don't see this as enlarging the powers of self defense in any way. You still better not shoot a fleeing guy who is offering not physical threat.
Also, GA has had a "home invastion" law for years which allows you to use deadly force and not face penalties. It's called the "Forcible Entry" law, not home invasion, as I recall. It means home invastion in an occupied home, though. Burglary isn't mentioned or considered a "home invaston" under normal circumstances, although burglary into an occupied residence (a VERY rare crime) would probably be seen as a justifiiable use of force.Last edited by Gene L; 06-02-2007, 11:50 AM."Say hal-lo to my leetle frahnd!"
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But Bilbrey, 45, violated the law by chasing Huddleston out of the store and shooting
I don't think that this is justifiable. His only argument could possibly be that he thought that "Huddleston" was going to retrieve a gun from his car.
A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745
It's only a conspiracy when your party is not in power.
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If he shot an unarmed man who was not a threat to him physically then I don't see how he's covered. While I'm not negating that the victim was a criminal, killing him's a bit extreme for the crime.sigpic
I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.
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Originally posted by FrankCastle1 View PostI say good for them. It may make the next would be shoplifter think twice, knowing he could get shot for stealing
A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745
It's only a conspiracy when your party is not in power.
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It was TN that producted the SCOTUS ruling that you can't shoot at a fleeing non-violent felon.
A person who shoots a fleeing felon under these circumstances may not be prosecuted, although they may be successfully sued. Cops may be disciplined if the shooting was outside of department guidelines, which generally follow TN V. Garner, but not prosecuted.
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If I had commanded him at gunpoint to freeze and he continued toward his vehicle I would definitely be worried about a weapon in there. It doesn't really look like a good shoot but it is kind of hard to say.
Stealing beer and ball caps...what a way to go. What an idiot.-I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.
--ArkansasRed24
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Originally posted by SgtScott31 View Posthttp://www.tennessean.com/apps/pbcs....706020353/1017
The laws in TN have automatically given justification for homeowners to use lethal force in the case of a home invasion/burglary. New legislation has broadened these laws to any building and/or vehicles. Now we have a store clerk who blew away a guy for stealing. Is this too much leniency for gun owners?
Store clerks know they can't shoot a shoplifter running out the door. I don't see the connection to any old, new or pending law, unless your a newspaper with some agenda.Last edited by tony.o; 06-03-2007, 03:29 AM.The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.
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Originally posted by tony.o View PostHe's charged with murder so whats the problem?
Store clerks know they can't shoot a shoplifter running out the door. I don't see the connection to any old, new or pending law, unless your a newspaper with some agenda.I'm 10-8 like a shark in a sea of crime..
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I don't think more people with guns cause crime. Anyone in his right sense would know you can't shoot a shoplifter. Either the guy was stupid, or he was angry and did something that no state allows, by law. And if they did, the Supreme Court would not allow it.
The guy is under arrest for murder. That does not sound like a permissive attitude about civilian violence to me."Say hal-lo to my leetle frahnd!"
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Originally posted by Gene L View PostThe guy is under arrest for murder. That does not sound like a permissive attitude about civilian violence to me."I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."
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