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	<title>Comments on: Democrats and weapons that look like assault weapons</title>
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		<title>By: SayUncle &#187; Light Blogging</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-163045</link>
		<dc:creator>SayUncle &#187; Light Blogging</dc:creator>
		<pubDate>Mon, 22 Jan 2007 15:28:03 +0000</pubDate>
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		<description>[...] Hackett will not be charged for drawing down on some crooks. Background here. [...]</description>
		<content:encoded><![CDATA[<p>[...] Hackett will not be charged for drawing down on some crooks. Background here. [...]</p>
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		<title>By: Captain Holly</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162131</link>
		<dc:creator>Captain Holly</dc:creator>
		<pubDate>Thu, 11 Jan 2007 17:37:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/#comment-162131</guid>
		<description>&lt;blockquote&gt;So would merely brandishing the weapon be considered a threat of deadly force? The article says Hackett never aimed the weapon at the men.&lt;/blockquote&gt;

Yes, it is.  In Utah, if you pull your gun on someone, you&#039;d better have a damn good reason to do it; Utah only allows deadly force in situations where you or someone else is in imminent danger of death or severe bodily injury (rape is included in that category).

Were Mr. Hackett a Utah CCW permittee his permit would either be suspended or revoked outright, and depending on the level of hoplophobia of the local DA he would be facing a misdemeanor brandishing charge or a felony assault with a deadly weapon charge.

And &quot;brandishing&quot; is described as &quot;displaying a weapon in an angry or threatening manner&quot;, so you don&#039;t even have to point it at someone to be charged.

My non-lawyer guess is that Hackett is being investigated for illegal use of his rifle, not for illegal arrest or detention.</description>
		<content:encoded><![CDATA[<blockquote><p>So would merely brandishing the weapon be considered a threat of deadly force? The article says Hackett never aimed the weapon at the men.</p></blockquote>
<p>Yes, it is.  In Utah, if you pull your gun on someone, you&#8217;d better have a damn good reason to do it; Utah only allows deadly force in situations where you or someone else is in imminent danger of death or severe bodily injury (rape is included in that category).</p>
<p>Were Mr. Hackett a Utah CCW permittee his permit would either be suspended or revoked outright, and depending on the level of hoplophobia of the local DA he would be facing a misdemeanor brandishing charge or a felony assault with a deadly weapon charge.</p>
<p>And &#8220;brandishing&#8221; is described as &#8220;displaying a weapon in an angry or threatening manner&#8221;, so you don&#8217;t even have to point it at someone to be charged.</p>
<p>My non-lawyer guess is that Hackett is being investigated for illegal use of his rifle, not for illegal arrest or detention.</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162039</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Thu, 11 Jan 2007 03:05:37 +0000</pubDate>
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		<description>well, the police will likely detain you. and i could probably take your gun from you if i saw it.</description>
		<content:encoded><![CDATA[<p>well, the police will likely detain you. and i could probably take your gun from you if i saw it.</p>
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		<title>By: jimmyb</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162037</link>
		<dc:creator>jimmyb</dc:creator>
		<pubDate>Thu, 11 Jan 2007 03:00:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/#comment-162037</guid>
		<description>Anne - I can&#039;t speak for TN, but in Ohio open carry is NOT illegal, but creating a public disturbance, disturbing the peace, inciting a riot, causing a panic, etc. are.

They&#039;ll get you for something.</description>
		<content:encoded><![CDATA[<p>Anne &#8211; I can&#8217;t speak for TN, but in Ohio open carry is NOT illegal, but creating a public disturbance, disturbing the peace, inciting a riot, causing a panic, etc. are.</p>
<p>They&#8217;ll get you for something.</p>
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		<title>By: Anne</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162033</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Thu, 11 Jan 2007 02:53:19 +0000</pubDate>
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		<description>Why not open carry?  I am pretty sure I&#039;d be left alone, which, when it comes down to it, is exactly what I want.</description>
		<content:encoded><![CDATA[<p>Why not open carry?  I am pretty sure I&#8217;d be left alone, which, when it comes down to it, is exactly what I want.</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162029</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Thu, 11 Jan 2007 02:35:17 +0000</pubDate>
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		<description>Brandishing is typically a separate crime (note: my understanding is based on TN).  The article says Hackett said that. I&#039;d bet those three men disagree.

In TN, you have a carry permit.  Concealment is not required but I don&#039;t recommend you open carry.</description>
		<content:encoded><![CDATA[<p>Brandishing is typically a separate crime (note: my understanding is based on TN).  The article says Hackett said that. I&#8217;d bet those three men disagree.</p>
<p>In TN, you have a carry permit.  Concealment is not required but I don&#8217;t recommend you open carry.</p>
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		<title>By: Anne</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162028</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Thu, 11 Jan 2007 02:31:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/#comment-162028</guid>
		<description>So would merely brandishing the weapon be considered a threat of deadly force?  The article says Hackett never aimed the weapon at the men.

While some are in favor of concealed carry laws as a way to keep the bad guys away, I am in favor of open carry laws:  you can have whatever weapon you want, but everybody needs to be able to see it. Personally, I think that would be more of a deterrent than a concealed weapon.  (I&#039;m only about 2/3 serious, by the way.)</description>
		<content:encoded><![CDATA[<p>So would merely brandishing the weapon be considered a threat of deadly force?  The article says Hackett never aimed the weapon at the men.</p>
<p>While some are in favor of concealed carry laws as a way to keep the bad guys away, I am in favor of open carry laws:  you can have whatever weapon you want, but everybody needs to be able to see it. Personally, I think that would be more of a deterrent than a concealed weapon.  (I&#8217;m only about 2/3 serious, by the way.)</p>
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		<title>By: jimmyb</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162023</link>
		<dc:creator>jimmyb</dc:creator>
		<pubDate>Thu, 11 Jan 2007 02:03:02 +0000</pubDate>
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		<description>Sean - Like Uncle said about TN, Ohio is the same.
Our (relatively) new concealed care lets one carry a firearm, but not a switchblade (technically an automatic knife) or brass knuckles or blackjacks, etc...</description>
		<content:encoded><![CDATA[<p>Sean &#8211; Like Uncle said about TN, Ohio is the same.<br />
Our (relatively) new concealed care lets one carry a firearm, but not a switchblade (technically an automatic knife) or brass knuckles or blackjacks, etc&#8230;</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162022</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Thu, 11 Jan 2007 01:59:51 +0000</pubDate>
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		<description>Anne, the threat of deadly force and the use of it are treated similarly.  You can&#039;t threaten it unless you&#039;re justified to use it.</description>
		<content:encoded><![CDATA[<p>Anne, the threat of deadly force and the use of it are treated similarly.  You can&#8217;t threaten it unless you&#8217;re justified to use it.</p>
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		<title>By: Anne</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-162018</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Thu, 11 Jan 2007 00:26:41 +0000</pubDate>
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		<description>It&#039;s not &quot;deadly force&quot; if you don&#039;t fire the weapon.

And some of us Democrats are crack shots (she says as she gazes lovingly upon her US Navy Expert Pistol Medal)...</description>
		<content:encoded><![CDATA[<p>It&#8217;s not &#8220;deadly force&#8221; if you don&#8217;t fire the weapon.</p>
<p>And some of us Democrats are crack shots (she says as she gazes lovingly upon her US Navy Expert Pistol Medal)&#8230;</p>
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		<title>By: Sean Braisted</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161994</link>
		<dc:creator>Sean Braisted</dc:creator>
		<pubDate>Wed, 10 Jan 2007 22:00:59 +0000</pubDate>
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		<description>Cap&#039;n, yeah, because the alternative Schmidt has been such a civil and polite Republican who has made the voters of that district proud...

I don&#039;t know what Hackett did or didn&#039;t do, but I don&#039;t think it is that absurd to imagine him holding a gun on someone whose face is in the dirt while he was in Iraq.</description>
		<content:encoded><![CDATA[<p>Cap&#8217;n, yeah, because the alternative Schmidt has been such a civil and polite Republican who has made the voters of that district proud&#8230;</p>
<p>I don&#8217;t know what Hackett did or didn&#8217;t do, but I don&#8217;t think it is that absurd to imagine him holding a gun on someone whose face is in the dirt while he was in Iraq.</p>
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		<title>By: Captain Holly</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161992</link>
		<dc:creator>Captain Holly</dc:creator>
		<pubDate>Wed, 10 Jan 2007 21:07:53 +0000</pubDate>
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		<description>There&#039;s another thing that caught my eye:  According to the police, Hackett said he had &quot;done this about 200 times in Iraq&quot;.

This is not only hyperbole, but it&#039;s pure BS:  Hackett is a major, a civil affairs officer; his job in Fallujah was to distribute humanitarian aid.  Majors don&#039;t normally run down suspects in the street in Iraq -- that&#039;s the job of junior officers and enlisted men -- and they certainly don&#039;t do it &lt;em&gt;200 times during a 7 month tour&lt;/em&gt;, or roughly &lt;strong&gt;once a day&lt;/strong&gt;.  And they do it even less when they work at headquarters.

This confirms my first impression about Hackett:  He&#039;s a loudmouth who says outrageous things and exaggerates his record in order to make himself look good.  The Ohio Dems should be thanking their lucky stars he wasn&#039;t elected, because he&#039;d be a loose cannon when he got to Washington.</description>
		<content:encoded><![CDATA[<p>There&#8217;s another thing that caught my eye:  According to the police, Hackett said he had &#8220;done this about 200 times in Iraq&#8221;.</p>
<p>This is not only hyperbole, but it&#8217;s pure BS:  Hackett is a major, a civil affairs officer; his job in Fallujah was to distribute humanitarian aid.  Majors don&#8217;t normally run down suspects in the street in Iraq &#8212; that&#8217;s the job of junior officers and enlisted men &#8212; and they certainly don&#8217;t do it <em>200 times during a 7 month tour</em>, or roughly <strong>once a day</strong>.  And they do it even less when they work at headquarters.</p>
<p>This confirms my first impression about Hackett:  He&#8217;s a loudmouth who says outrageous things and exaggerates his record in order to make himself look good.  The Ohio Dems should be thanking their lucky stars he wasn&#8217;t elected, because he&#8217;d be a loose cannon when he got to Washington.</p>
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		<title>By: Barry</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161977</link>
		<dc:creator>Barry</dc:creator>
		<pubDate>Wed, 10 Jan 2007 19:39:14 +0000</pubDate>
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		<description>Hey, SU - congrats on your NYT quote :)</description>
		<content:encoded><![CDATA[<p>Hey, SU &#8211; congrats on your NYT quote <img src='http://www.saysuncle.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Captain Holly</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161974</link>
		<dc:creator>Captain Holly</dc:creator>
		<pubDate>Wed, 10 Jan 2007 19:06:03 +0000</pubDate>
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		<description>I&#039;m wondering, what kind of law allows him to use deadly force to pursue and apprehend suspects of a non-fatal, hit-and-run automobile accident?  I live in Utah, a pretty gun-owner friendly state, and I don&#039;t even have that authority AFAIK.

Perhaps that is why Mr. Hackett is so upset about the Grand Jury leak:  &lt;em&gt;He&#039;s&lt;/em&gt; the one the GJ is investigating.  And it just ruined his political career (not that he would have went very far anyway, he&#039;s pretty nutty to begin with).

Note here that I don&#039;t really think he did anything wrong, but the law is the law, and if Joe Schmoe doesn&#039;t have the right to chase suspected misdemeanor criminal suspects with an AR-15, then Mr. Hackett shouldn&#039;t  have that right, either.</description>
		<content:encoded><![CDATA[<p>I&#8217;m wondering, what kind of law allows him to use deadly force to pursue and apprehend suspects of a non-fatal, hit-and-run automobile accident?  I live in Utah, a pretty gun-owner friendly state, and I don&#8217;t even have that authority AFAIK.</p>
<p>Perhaps that is why Mr. Hackett is so upset about the Grand Jury leak:  <em>He&#8217;s</em> the one the GJ is investigating.  And it just ruined his political career (not that he would have went very far anyway, he&#8217;s pretty nutty to begin with).</p>
<p>Note here that I don&#8217;t really think he did anything wrong, but the law is the law, and if Joe Schmoe doesn&#8217;t have the right to chase suspected misdemeanor criminal suspects with an AR-15, then Mr. Hackett shouldn&#8217;t  have that right, either.</p>
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		<title>By: Phelps</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161969</link>
		<dc:creator>Phelps</dc:creator>
		<pubDate>Wed, 10 Jan 2007 18:55:28 +0000</pubDate>
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		<description>&lt;blockquote&gt;Hackett told police later that he was carrying a civilian model of an AR-15 and that &lt;em&gt;one round was in the chamber &lt;/em&gt;but the safety was on.&lt;/blockquote&gt;

Well, I&#039;m glad it was only one round in the chamber.  If he had two or three in there, it is unlikely that the weapon would have functioned properly.

Of course, he would probably be qualified to carry on on police duty anyways, judging by the pictures we&#039;ve seen about how they use AR-15s.</description>
		<content:encoded><![CDATA[<blockquote><p>Hackett told police later that he was carrying a civilian model of an AR-15 and that <em>one round was in the chamber </em>but the safety was on.</p></blockquote>
<p>Well, I&#8217;m glad it was only one round in the chamber.  If he had two or three in there, it is unlikely that the weapon would have functioned properly.</p>
<p>Of course, he would probably be qualified to carry on on police duty anyways, judging by the pictures we&#8217;ve seen about how they use AR-15s.</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161964</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Wed, 10 Jan 2007 18:36:08 +0000</pubDate>
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		<description>In TN, you can pack a pistol but not brass knuckles, a club, or a switchblade.  Absurd, yes.  Abnormal, no.</description>
		<content:encoded><![CDATA[<p>In TN, you can pack a pistol but not brass knuckles, a club, or a switchblade.  Absurd, yes.  Abnormal, no.</p>
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		<title>By: Sean Braisted</title>
		<link>http://www.saysuncle.com/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/comment-page-1/#comment-161957</link>
		<dc:creator>Sean Braisted</dc:creator>
		<pubDate>Wed, 10 Jan 2007 18:32:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/01/10/democrats_and_weapons_that_look_like_assault_weapons/#comment-161957</guid>
		<description>I&#039;m surprised you didn&#039;t mention the absurdity of this:
&lt;blockquote&gt;The driver of the car was charged with failure to maintain reasonable control, driving under suspension and &lt;b&gt;carrying a concealed weapon, a pair of brass knuckles&lt;/b&gt;.&lt;/blockquote&gt;
So you can carry a gun in Ohio, but brass knuckles?</description>
		<content:encoded><![CDATA[<p>I&#8217;m surprised you didn&#8217;t mention the absurdity of this:</p>
<blockquote><p>The driver of the car was charged with failure to maintain reasonable control, driving under suspension and <b>carrying a concealed weapon, a pair of brass knuckles</b>.</p></blockquote>
<p>So you can carry a gun in Ohio, but brass knuckles?</p>
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