Tar and feathers
In Garner, NC, someone was attempting to break in and actually fired shots at the homeowner. The police show up and ticket the homeowner for unlawfully discharging a firearm. Seems there is no self-defense exception to that law.
Remember, I do this to entertain me, not you.
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June 30th, 2011 at 9:59 am
Motherfucking nc cops on a normal day.
June 30th, 2011 at 10:03 am
While there may be no leeway in the law, there is no reason the cops HAD to write the ticket.
June 30th, 2011 at 10:21 am
@OHIO SHAWN:
Cops are revenue generators they will write tickets for such. The legislature needs to make an exemption.
June 30th, 2011 at 10:36 am
@ohio shawn…That is possibly the biggest line of bullshit I have heard since obamas more fucking stimulus request last night… The police are NOT required to enforce everything to the letter of the law…. It is left to their discretion… Like when the police officer reduces the speed on the ticket so he does not have to arrest you.. Or on rare occasions that they do not choose to write you a ticket even though they are technically able… There is always flexibility in the law just not always flexibility in the officer…..
June 30th, 2011 at 11:10 am
@ John Smith.: I see your reading comprehension is as good as your manners. Ohio Shawn said the cop did NOT have to write the ticket.
“there is no reason the cops HAD to write the ticket.”
I don’t see how he could have said it much more plainly than that.
June 30th, 2011 at 11:21 am
So did they write a ticket for the Burglar also?
June 30th, 2011 at 11:25 am
DOH!!! @ Ohio SHawn.. Please accept my humblest apologies for doubting your faith…. And for reading too fast.
June 30th, 2011 at 11:59 am
A stunning argument for a statewide pre-emption law.
RCW 9.41.290, RCW 9.41.300
June 30th, 2011 at 12:10 pm
UPDATE: I have an update posted. Uncle, if you can, please read the update on my site and alter your post to match.
Bottom line, there IS an exception for defense of self and property. I have spoken to the Town Manager and he showed me the ordinance. There is more, but I will only report it once the Town and the Police are willing to swear to it first. Expect an update in a day or two.
June 30th, 2011 at 5:33 pm
This is why we have the right to jury trials.
I assume that a citizen of NC has the right to a jury trial for this charge, even though it’s only a ticketable offense.
June 30th, 2011 at 6:29 pm
I never respond to much, since the world seems to have
gone totally off the deep end, I dont feel that anything I have to say will change it.
Now having said that, If in this podunk NC town they feel you should not be able to protect yourself, then I would bring a civil suit against the city since the police were not there to prevent harm to you and your family.
I feel if they got a few of those million dollar lotto suits that stupid ruling would change in a New York minute.
Thats my two cents worth.
June 30th, 2011 at 8:23 pm
Likely just procedure. The cop’s job is to know and enforce code, so if you do something that is legal due to a circcumstance but is normally a civil infraction the officer will paper you and let the judge make the call to throw it out.
I’ve had tickets and just for showing up on time the prosecutor was meeting with everyone who was waiting and dismissing the charges. We didn’t even need to wait for the judge.
June 30th, 2011 at 9:25 pm
Hopefully (as Sean said), there is an exemption for SD, otherwise it’s going to cost the town plenty of dough in court to lose cases. Change the law or educate the officers. Something needs to be done.
July 1st, 2011 at 4:10 am
Even if there isn’t an exception… the SCOTUS has recognized the right to self defense (in Heller), so he can challenge.