Good guys with "illegal" guns

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  • T'Challa

    Banned
    BANNED!!!
    Apr 24, 2013
    2,179
    Wakanda
    Seems to me if you are enforcing an unconstitutional law you are...... Well nevermind.

    If the law is not constitutional you are not actually committing a crime no matter what they tell you in the police academy.

    The law of the land remains COTUS for the time being.

    Is the 2A a God given/natural right or is it not?

    Don't get me wrong, I believe as you do. The right to bear arms and self defense is God given. I'm just going on what is on the books in MD. The law of the land is the COTUS but the SCOUTUS fails annually to affirm the 2A.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Can one of our lawyer members answer this:

    Say you are carrying illegally, and have to shoot in self defense. For the sake of argument say the self defense was a clean shot. Would only the illegal weapon charge stick or could you also get convicted of homicide?

    Not to make fun of you but I'd like to know your thought process here?

    Sure if your going to commit a robbery and your partner kills the cashier you are just a guilty but in your quick scenario I envision you ONLY defending your life. This actually happens quite frequently and the defending guy is usually a felon. He gets cleared of any murder related charges, grand jury rules it self defense, but he eats 3 years for the felon in possession charges.

    I've seen that happen multiple times in DC and I for see it happening on the last murder I went to a few days ago.
     

    Dave Greenberg

    Active Member
    Oct 24, 2015
    369
    Millersville
    Not to make fun of you but I'd like to know your thought process here?

    Sure if your going to commit a robbery and your partner kills the cashier you are just a guilty but in your quick scenario I envision you ONLY defending your life. This actually happens quite frequently and the defending guy is usually a felon. He gets cleared of any murder related charges, grand jury rules it self defense, but he eats 3 years for the felon in possession charges.


    I've seen that happen multiple times in DC and I for see it happening on the last murder I went to a few days ago.

    I think what he is trying to say is what if he legally owns a firearm and carries it "illegally". When forced to defend himself he kills the perp. I mean what would you rather? Eat 3 years for carrying a gun "illegally" or be dead? I'd rather be alive. Maybe if the instance gets more publicity the NRA might get you a good lawyer to provide adequate defense.
     

    sxs

    Senior Member
    MDS Supporter
    Nov 20, 2009
    3,378
    Anne Arundel County, MD
    We really need to look at how other countries deal with crime. If crime gets anymore worse in Baltimore City and a law abiding citizen cannot get a unrestricted Maryland hand gun permit, you well soon see some people carry their legal firearm illegally. If firearms are being confiscated from criminals off the street and stored under lock and key then how are these firearms making there way back on the street. Some where in this process their is a major break down that is costing a lot of citizens their lives.

    Already happening. While I have no way to verify such claims, I know some people who said they were carrying without a CCW permit around the time of the riots in Baltimore. I know a couple who say they carry anytime they are working there.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,234
    Hanover, PA
    Not to make fun of you but I'd like to know your thought process here?

    Sure if your going to commit a robbery and your partner kills the cashier you are just a guilty but in your quick scenario I envision you ONLY defending your life. This actually happens quite frequently and the defending guy is usually a felon. He gets cleared of any murder related charges, grand jury rules it self defense, but he eats 3 years for the felon in possession charges.

    I've seen that happen multiple times in DC and I for see it happening on the last murder I went to a few days ago.

    What I was trying to say was if someone who has no other record CCWs and then is forced to defend his life would he get stuck with a murder conviction?
     

    vgplayer

    Ultimate Member
    Jan 17, 2013
    1,069
    King George, VA
    What I was trying to say was if someone who has no other record CCWs and then is forced to defend his life would he get stuck with a murder conviction?

    CCW doesn't grant you the privilege of self-defense for one but....

    I'm not sure what it is legally called but in self-defense cases certain aspects of the law wouldn't apply. Like of the top of my head if an officer was incapacitate and you used their firearm to defend him/her and others they wouldn't charge you with stealing a firearm or illegal possession. But hey this is 'Murica so who knows.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    CCW doesn't grant you the privilege of self-defense for one but....

    I'm not sure what it is legally called but in self-defense cases certain aspects of the law wouldn't apply. Like of the top of my head if an officer was incapacitate and you used their firearm to defend him/her and others they wouldn't charge you with stealing a firearm or illegal possession. But hey this is 'Murica so who knows.

    In MD if you did that, you would be the one they would bring the death penalty back for . If your "victim" has a rap sheet more than 5 pages long they will skip the trial
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Back at #43 , MPDC seems to suspect the scenario ( Justifiable use of unlicenced carry of undocumented gun ) would happen with the most recent Homicide he responded to . Homicide is all inclusive, *murder* is only those homicides meeting certian criteria .
     

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