As far as I know, Arkansas has only a “back to the wall” law. If I am threatened in my house I can defend myself. I thought the bad guy had to be in the house, but I suppose the bad guy standing by my front door would put my back to the wall. I’ll consult a legal beagle.
Bone
March 20, 2016, 4:45pm
582
carnivorousplant:
As far as I know, Arkansas has only a “back to the wall” law. If I am threatened in my house I can defend myself. I thought the bad guy had to be in the house, but I suppose the bad guy standing by my front door would put my back to the wall. I’ll consult a legal beagle.
While Arkansas is not a castle doctrine state, the situation you posit is covered under current Arkansas law. That law is § 5-2-607 : quoted in full
5-2-607. Use of deadly physical force in defense of a person.
(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person’s life or imminently about to victimize the person as described in 9-15-103 from the continuation of a pattern of domestic abuse.
(b) A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety:
(1) (A) By retreating.
(B) However, a person is not required to retreat if the person is:
(i) In the person’s dwelling or on the curtilage surrounding the person’s dwelling and was not the original aggressor; or
(ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or
(2) By surrendering possession of property to a person claiming a lawful right to possession of the property.
(c) As used in this section:
(1) “Curtilage” means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and
(2) “Domestic abuse” means:
(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.
Recently Arkansas added civil immunity when using deadly force under this section in HB 1240.
Bone
March 20, 2016, 4:48pm
583
In other news, APD: Domestic Disturbance Ends When Woman Shoots Suspect in Leg
The victim told dispatch that the male was assaulting her but that she did have a weapon and would protect herself is she had too. A few moments later she told call takers that she had indeed shot the male subject.
Upon arrival, officers entered the residence and located a male subject with a gunshot wound to the leg.
APD, AMS and Fire Personnel began treating the male with the gunshot, while a different officer began speaking with the victim.
The victim was crying hysterical claiming the male had assaulted her and even picked up a metal pole or broom stick and began hitting her. The male continued to advance towards the female making death threats so the female picked up the pistol and fired one round striking the male in the leg.
The male was later transported to a local hospital and treated for non life threatening injuries.
DGU with no deaths. The article goes on to say the pistol was seized for evidence which from my understanding is not uncommon. Another reason to always have a backup of every critical piece of equipment. One is none, two is one, and three is better than two.
Bone
March 21, 2016, 3:21pm
584
In other news, Albany woman shoots home invader
According to Albany Police spokeswoman Phyllis Banks, victims Arnetta J. Heath-Heard, 56, and Franklin Thomas, 65, were asleep in the residence when shortly before 4 a.m. an unidentified 24-year-old man broke in and attacked Thomas.
According to police, when Thomas called for help, Heath-Heard responded with a gun and shot the attacker in his right leg, after which she called 911 emergency while Thomas held the intruder for police.
DGU with no deaths. 24 year old vs two senior citizens at 4 in the morning.
Bone
March 21, 2016, 8:01pm
585
In the matter of JAIME CAETANO v. MASSACHUSETTS, SCOTUS today issued a per curiam (unanimous) opinion vacating the Massachusettes Supreme Court’s previous ruling that upheld a law prohibiting the possession of stun guns.
The Massachusetts Supreme Court offered three explanations to support its holding that the 2nd amendment does not extend to stun guns. They were as follows:
SCOTUS obliterated each of these reasons, vacated the previous opinion, and remanded the case for further proceedings that were not inconsistent with previous opinions. Their explanation was:
Alito wrote an opinion concurring in the judgment which Thomas joined. That one more strongly criticized the Mass court.
That deserves a ‘LIKE’ button.
Orwell
March 22, 2016, 12:38am
587
Indeed. Can you imagine anyone trying to make similarly weak and absurd arguments about the 1st amendment, regarding bullhorns, amplified speakers or anything else invented after 1776?
Gyrate
March 22, 2016, 10:14am
588
Good Lord - I’m all for limiting what weapons are available to all and even I think those are phenomenally weak arguments (the original MSC ones, I mean). How did they think those would stand?
Bone
March 22, 2016, 3:40pm
589
In other news,A Gary man was killed and his girlfriend was wounded Sunday after they tried to rob several people who met them on Gary’s West Side to buy a vehicle, officials said.
Brandon Johnson, 22, was shot several times about a block from his home after he pulled a gun on the would-be buyers, officials said.
Johnson’s girlfriend, a 21-year-old Gary woman, was shot in the thigh and fled to a hospital for treatment, Lt. Thomas Pawlak said. She was later released from the hospital and was arrested pending filing of formal charges.
The would-be buyers, two men from Illinois, called police about 7 p.m. to report a shooting in the 3500 block of West 20th Avenue.
They told police they made arrangements via the Internet to meet the couple in the area to buy a vehicle, Pawlak said.
When Johnson pulled a gun, one of the buyers took out his own gun and fired at the couple, Pawlak said.
Johnson was pronounced dead about 8 p.m. at the scene, according to the Lake County coroner’s office.
Craigslist meeting gone bad again. DGU with 1 death. Many years ago I met someone to sell some old electronic equipment through Craigslist. I would hesitate to do so again today.
Oddly, this article has no title so I pulled the first paragraph instead.
And in still other news, Attempted robber shot, killed by Miramar restaurant employee
Police said a masked man armed with a gun entered the restaurant shortly before 6 p.m. After a verbal exchange with an employee, the employee pulled a gun, fired and killed the man attempting to rob the store.
It’s unclear if both men fired weapons.
Police identified the robbery suspect Thursday as 26-year-old Roosevelt Jones. They said a second person may have been involved in the attempted robbery.
…
Jones was released from state prison on Oct. 8 after serving time for armed carjacking and fleeing from a law enforcement officer.
DGU with one death. I’d say the robber’s choice of profession was not working well for him.
Bone
March 23, 2016, 3:14pm
590
In other news, Cache County homeowner surprises burglar later found at Wal-Mart
An suspected burglar was surprised by a homeowner in Cache County and sent running before later being arrested.
Police say James Dover Merritt broke into the garage of a home in North Park. He was caught when the homeowner heard noises coming from the garage. The two men engaged in a fight but the homeowner was armed. He fired a shot into the ground to scare Merritt away according to police.
Police said as the man was fleeing, he damaged his car when he ran into a mailbox, making his vehicle easier to locate.
DGU with no deaths.
Homeowner Shoots Home Invasion Suspect In SW OKC
A homeowner made a quick decision and shot a man accused of breaking in. That suspect nearly made a quick getaway, but then did something unexpected.
Police said he called 911.
DGU with no deaths. This one the burglar called 911 himself after being shot.
ALLEGED CHRISTMAS EVE BURGLAR CAUGHT IN THE ACT
Darren Jump, 41, of Ooltewah is now facing one count of burglary, criminal impersonation and theft after police say he was caught breaking into a home in the 7000 block of White Oak Valley Circle.
According to the arrest affidavit, police were called to a White Oak Valley Circle residence in reference to a home invasion. The caller told dispatch that a man was trying to break into his home through the garage.
The home owner reportedly grabbed his handgun and confronted Jump. Jump reportedly came toward the home owner and that when the home owner pulled his gun on him. Jump reportedly fled the scene but the home owner chased him on foot to a nearby barn.
Collegedale police arrived on scene and immediately took Jump into custody.
DGU with no injuries. This guy had multiple felony convictions so it’s great he was able to continue his trade.
Bone
March 24, 2016, 3:20pm
591
In other news, Woman shoots home intruder in north Harris County
Deputies said the man was trying to climb in through a window, when the woman fired several shots, striking him twice.
The thief ran to a waiting car and ended up at Houston Northwest Medical Center.
DGU with no deaths. I wonder how many “accidental” shootings reported at hospitals are actually instances where perpetrators of crime were repelled.
In other news, Osceola County homeowner shoots, kills intruder
Deputies spoke with the homeowner, Joseph McKinney, who indicated that he, his wife and a friend were in the living room when they heard what sounded like someone entering the back of the home. The homeowner retrieved a handgun and walked to the back of the house.
The intruder had entered the screened-in porch area and was attempting to open the door that leads to the kitchen. The homeowner asked the suspect who he was and told him to leave, but the suspect lunged at him, so the homeowner fired his weapon, officials said. The suspect then pushed the homeowner onto a table and was on top of him, causing the homeowner to shoot a second time.
Osceola County Fire Rescue transported the man, later identified as Bo Alexander Garris, 30, to St. Cloud Regional Medical Center, where he died of his injuries.
DGU with one death. Breaking into people’s houses is a risky proposition.
Bone
March 24, 2016, 3:54pm
592
There were some other events I left off from my tabs.Police Cite Self Defense in Fatal College Station Shooting
According to police, the resident of the apartment told police he heard a knock on his door and when he opened it, 28 year old Zebulun Jarell Ransom attempted to force his way in.
“When he opened the door Mr. Ransom was standing on the other side with a gun in his hand and he attempted to force entry into his residence,” said Lt. Steve Brock from College Station PD.
Police say the resident had a second gun, and fired a shot at Ransom and then shut his door and called 9-1-1.
Officers say Ransom tried to flee the scene but he didn’t get very far. They found him laying on the ground near the apartment.
DGU with one death.
Naked And Armed: Newark Homeowner Thwarts Christmas Burglary
Klein said he was lying in bed when a noise jolted him away just before 4 a.m.
“* just saw somebody quickly dart that way,” Klein said. “The first thing I thought about was protecting my family.”
Klein acted without thinking. He grabbed the gun he keeps above his bed with his heart pounding and opened up his sliding door.
“When I first got his attention, he came at me, came at the door and said ‘you ain’t gonna shoot me’ and that’s when I said ‘I will shoot you’ and I put the sight right on his head,” Klein said.
Klein thinks the man was trying to roll the fire pit to the window to boost himself up to the window.
The window the man was trying to access had a direct line of sight to the Christmas tree.
“I think he could see right through and everything is lit up,” Klein. “He said ‘I picked the wrong house to do this.’”
Klein kept the gun trained on the would-be burglar until deputies got on scene.
He says he’s surprised at the calm that came over him. But he thinks that’s partly because, in such an anxious moment, there was something to laugh at.
“I was standing there wearing nothing but my .40 caliber,” Klein said.
DGU with no injuries. If in a state of undress, I wonder if habit or instinct will take over and inform whether you put on clothes before investigating.
Ah, “Positive Gun News of Two Days from Last Year.”
Shodan
March 24, 2016, 4:52pm
594
One of those situations where I don’t know whether to laugh or cry while slapping her repeatedly about the head and neck.
Regards,
Bone
March 25, 2016, 3:11pm
595
In other news, Sheriff: Resident fires shot during Davidson County break-in
Davidson County Sheriff David Grice said the resident, who was sleeping and home sick from work, encountered the three suspects in his home. The resident fired one shot at one of the suspect, though the shot apparently missed, Grice said.
The suspects fled into nearby woods, and Hardy and Rhynes were captured on Highway 52. Law enforcement officials used K-9s during their search for the third suspect.
Deputies believe the same suspects are responsible for other break-ins and robberies in northern Davidson County. Deputies also believe the suspects rent vehicles in Winston-Salem and travel to Davidson County to commit the crimes.
DGU with no injuries. 3vs1 and the 1 was able to scare off the three people who broke into his house.
Suspect of Metro PCS incident arrested, facing numerous charges
The suspect of an attempted robbery at the Metro PCS on J. Clyde Morris Boulevard has been arrested, after he was released from the hospital Monday night.
Sylvester Maurice Lipscombe, 48, has been arrested in connection with an attempted robbery from December 28, where a store clerk reportedly shot him.
DGU with no deaths. In CA at least, even though the climate for carry is pretty negative, private businesses are allowed to permit their employees to carry on the premises. I would think small mom and pop stores exercise this option often but no way to know for sure. When I worked at a gas station in my youth, the owner kept a shotgun under the counter when he was around, but he never communicated to the employees if they could carry or not.
It’s good to see you distinguishing death vs. non-death incidents now. That’s real progress.
What could be sillier than a Republican National Convention which bans guns? And yet that’s what we may end up with if petitioners don’t succeed.
Join the 20,000 Americans who have already signed a petition to let Republican delegates feel safe at what may be the most important convention in decades.
[The ban on guns is a direct affront to the Second Amendment and puts all attendees at risk. As the National Rifle Association has made clear, “gun-free zones” such as the Quicken Loans Arena are “the worst and most dangerous of all lies.” The NRA, our leading defender of gun rights, has also correctly pointed out that “gun free zones… tell every insane killer in America… (the) safest place to inflict maximum mayhem with minimum risk.”
Opinion differs among petitioners as to whether the guns are needed to cope with Cleveland street thugs, lunatics, ISIS terrorists, or delegates of an opposite persuasion, but whatever the specific need, it will certainly be deplorable if Republicans are forced to convene without their guns.
Bone
March 26, 2016, 4:40pm
598
Idaho Makes 9 — Gem State Joins 8 Constitutional Carry States
The movement to enact “constitutional carry” of weapons has added another notch to the growing list of states that do not require a permit for individuals to carry concealed weapons.
On March 21, the Idaho legislature sent Governor C.L. “Butch” Otter legislation that would make the Gem State the ninth U.S. state to acknowledge that individuals have a natural right “to keep and bear arms,” and do not need a permit or license from the government to carry concealed weapons. Senate Bill 1389 passed the Idaho Senate by a vote of 27 to 8 on March 16 and then passed the House on March 18 by a vote of 54 to 15.
Since this just happened last night I couldn’t find a larger news source.
Any bets on the next state to push the number to 20% of states? I think it may be Florida.
The other eight states that recognize “permitless,” “constitutional,” or “unrestricted” carry of concealed weapons are Alaska, Arizona, Arkansas, Kansas, Maine, Vermont, West Virginia, and Wyoming. March has proven to be a banner month for constitutional carry advocates, with the West Virginia legislature passing a bill similar to Idaho’s earlier in the month, and then decisively overriding Governor Earl Ray Tomblin’s veto of the legislation. Legislative efforts to pass constitutional carry laws are underway in nearly two dozen additional states.
One thing to note that the new law in Idaho is only for residents. Not a perfect solution, but it is incremental.
Bone
March 26, 2016, 4:47pm
599
In other news, Seaside resident shoots intruder
The man tried to enter the Kalborn Road home about 12:30 p.m., but two male residents were inside. One of them engaged the intruder in a physical altercation, while the other retrieved a gun, police said.
There was a struggle for the weapon and two shots were fired, one of which struck the intruder in the torso, police said.
Police arrived on scene to find the intruder unconscious. He was taken to Natividad Medical Center in Salinas, where he is being treated, police said.
DGU with no deaths. Home invasion in the middle of the afternoon - that’s bold.
In more news, Deputies: Homeowner shoots suspect trying to break into his Azalea Park house
homeowner shot a suspect trying to break into his house in the Azalea Park neighborhood in east Orange County, according to the Orange County Sheriff’s Office.
The suspect, whom deputies identifeid as 25-year-old Emanuel Edgardo Sosa Lopez, ended up at the Florida Highway Patrol office on South Semoran Boulevard with a gunshot wound shortly before 4 a.m.
DGU with no deaths. Breaking into a house that is behind the Highway Patrol office is also bold though it’s not like that proximity is what protected the homeowner.
In still more news, FORMER YATES BASKETBALL STAR FATALLY SHOT, POSSIBLY DURING BURGLARY
Police say the family that lives on Jorns came home around 8pm. One of the young children found a a man in her room, allegedly holding a knife. The adults in the home, including a 21-year-old man, then confronted the burglar. That 21-year-old shot him in the leg.
Swift was then transported to Ben Taub Hospital, where he died.
DGU with one death. Brought a knife to a gun fight. According to the story, the knife wielding burglar was a great guy. Incidentally the burglar died from a gunshot to the leg.
Bone
March 26, 2016, 5:06pm
600
And to change it up a little, a story.
My grandmother had several children, and between them they each they had lots of their own children. When my grandmother passed recently, she designated some of her estate to be used solely for the benefit of her grandchildren. Not a lot, but just enough so that each one would receive a gift from her. She didn’t know what each one would like, so she left it up to her own children to decide. It wasn’t meant to be used for something that was otherwise needed, or something for the grandchild’s whole family. It was meant to be used for something that the grandchild them self would enjoy as a treat.
So from my grandmother, chosen by my father, he surprised me with a Savage Arms Model 10 FCP HS Precision in .308. I haven’t used it yet, but am planning a trip with my father to break it in this summer.
