People suck sometimes and vandalized shit for no reason

jesse3638 said:
That would have been my defense and I live in CA...haha. I have the benefit of a LoD rear bumper. Back up run him over drive off then stop and call police.

Edit: May get off criminally but if for sure be sure by someone. That's how this state works.

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HighwayTrout said:
So you contemplated shooting the guy cause he grabbed a flag off your Jeep?

Try being a responsible gun owner instead. Maybe not drive around with a mobile bill board that you know will draw attention and completely avoid this entire confrontation.
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so you're saying have no backbone and believe in nothing so long as it gets you out of a tight situation?
 
Penal Code 198.5. You can use deadly force inside your home if you have reasonable fear of imminent peril or great bodily injury. The law says nothing about protecting the flag on your rig.
 
Sharkey said:
Penal Code 198.5. You can use deadly force inside your home if you have reasonable fear of imminent peril or great bodily injury. The law says nothing about protecting the flag on your rig.
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Self-defense as a Legal Defense Under California Criminal Law
California self-defense laws provide that you can't be found guilty of a violent crime that you committed in order to protect yourself, as long as your conduct was reasonable under the circumstances. 1

For purposes of the self-defense legal defense, “reasonable under the circumstances” means that you need to have:

Reasonably believed that you were in imminent danger of being killed, injured, or touched unlawfully,
Reasonably believed that you needed to use force to prevent that from happening, and
Used no more force than was necessary to prevent that from happening.2

Moreover, thanks to California's so-called “stand your ground laws,” you are under no obligation to “retreat” – that is, to run away or try to escape – before you use self-defense to protect yourself. 3

Self-defense can be a useful legal defense to a number of California crimes, including:

Murder,
Assault with a deadly weapon,
Aggravated battery, and
Battery on a peace officer.

Img self defense pistol optimized
but please don't quote me on this as I'm not a lawyer.
 
Well, I am a lawyer. In Nevada and in California. You cannot reasonably believe you are in imminent danger of being killed, injured, or touched unlawfully when you are inside your car and someone is grabbing a flag off of your bumper. The minute you leave your vehicle and engage them, you are the aggressor. But, by all means, do what works for you. [emoji106]
 
Sharkey said:
Well, I am a lawyer. In Nevada and in California. You cannot reasonably believe you are in imminent danger of being killed, injured, or touched unlawfully when you are inside your car and someone is grabbing a flag off of your bumper. The minute you leave your vehicle and engage them, you are the aggressor. But, by all means, do what works for you. [emoji106]
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Actually no situation is the same. And if someone feels they are in danger because another person, and there is damage their property that may or may not end in that person getting mortally hurt or die. No one can say for certain what will happen. So for you to say for certain that the situation can't happen is actually close minded thinking you know too much of the law.
 
Sharkey said:
Well, I am a lawyer. In Nevada and in California. You cannot reasonably believe you are in imminent danger of being killed, injured, or touched unlawfully when you are inside your car and someone is grabbing a flag off of your bumper. The minute you leave your vehicle and engage them, you are the aggressor. But, by all means, do what works for you. [emoji106]
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Is it a full moon? The hot heads are out and ready to rumble!
 
You are an idiot. It does not matter what “someone” feels. The test is objective, not subjective. That means the jury considers how they would feel in the same circumstances...not how the person asserting the defense actually felt. But, again, do what works for you. I’m sure most jurors in California would certainly conclude it is reasonable to get out of your rig guns a blazing to protect a confederate flag. You are right and I am wrong. I mean, it’s not like I have ever actually tried a jury case in California. Lol.
 
sipafz said:
Is it a full moon? The hot heads are out and ready to rumble!
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No hot head here...just a guy who values his gun rights and gets sick of extremists taking positions that add to the likelihood of further restrictions on lawful gun ownership.

The “Billy-the-Kid” mentality does about as much for gun rights as the “hold my beer” mentality does for having open lands upon which to drive our Jeeps.
 
And lets say you “reverse on him”... wouldn’t that be a form of assault? ... giving said Prick a right to defend himself.... basically handing him a free pass to put you down? Only way to win this, is to get his plate and call it in. Otherwise your just setting yourself up for failure... over a $5 flag.
 
Sharkey said:
You are an idiot. It does not matter what “someone” feels. The test is objective, not subjective. That means the jury considers how they would feel in the same circumstances...not how the person asserting the defense actually felt. But, again, do what works for you. I’m sure most jurors in California would certainly conclude it is reasonable to get out of your rig guns a blazing to protect a confederate flag. You are right and I am wrong. I mean, it’s not like I have ever actually tried a jury case in California. Lol.
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There you go being subjective. I simply said that if someone was within thier right to protect themselves and I think you are saying they are not? Of course the outcome is based on evidence. But if they can prove beyond a shadow of doubt that they are innocent. Well then, there you go. But like I f2f said I'm not a lawyer so di t quote me. But you are, so can they quote you?
 
Yes. By all means. Quote me as saying that you are taking a huge risk by getting out of your rig with a gun and confronting someone for taking a flag off of your Jeep, especially in California. That’s the advice I would give anyone...not just based on the law, but based on probable outcomes of a jury review of what a REASONABLE person would have done in the same situation. It’s a reasonable person standard, not an “I’m a member of a militia and I only roll my window down 1” at check points so I can act like I’m a defender of the Constitution” standard.
 
Sharkey said:
No hot head here...just a guy who values his gun rights and gets sick of extremists taking positions that add to the likelihood of further restrictions on lawful gun ownership.

The “Billy-the-Kid” mentality does about as much for gun rights as the “hold my beer” mentality does for having open lands upon which to drive our Jeeps.
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I should’ve made that clearer, I was referring to the guy that believes vandalism is life threatening and that it’s a good idea to escalate the situation so that everyone loses. I’m with you! [emoji482]
 
III%er said:
Well next time that happens to you, and you live in a free state somewhere other than California or New York. You do have the right to protect yourself or your property (but please don't quote me on that without first checking with your local and state laws). If in fact you are in your right to protect yourself and property, you should do what the above poster said and reverse on the assailant only to stop the crime in progress.
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Seriously never spew this bull shit again. You cant just shoot people and claim self defense or say your life was threatened.. because they grabbed or stole something off your bumper.

Good grief. How do people come to these stupid conclusions??


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I would have accidentally panicked and floored it in reverse. Call 911 and than file a claim against him for damages. He started the path to an accident by causing your reaction. In Cali you'd still probably be charged with something, but worth the risk imo.

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Really sorry that happened and that there are people with view points that your reaction or thinking was wrong and should be not allowed because the low life has rights to violate your personal property and right to expression.


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TrailHunter said:
Shooting someone over a flag, is the kind of ignorance that removes rights from the responsible gun owners.
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Yup

OverlanderJK said:
Shoot first ask questions later. That’s what cops do right?
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lol
According to the news they only shoot unarmed, in the back, hands up, complying people.

III%er said:
so you're saying have no backbone and believe in nothing so long as it gets you out of a tight situation?
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I wish I could grow up to be as tough as you one day.

Zevulin said:
The scumbag needs to be shot, can’t stand a thief!
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Haha
Maybe you, the OP and the 111%er clown can start a posse.
 
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