Pulled gun
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  1. #1
    Senior Member njdevil's Avatar
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    Default Pulled gun

    I have taken this from a different site Interesting I think

    Was attacked by 3 goons and their dog on my property, pulled my gun in self defence, was arrested by HCPD for "pointing/presenting" even though I had a CCW, an eyewitness, a restraining order against the goons, and PICTURES of them on my property. The arresting officer (now a detective) refused to speak to my witnesses, read the restraining order, look at my photographs which proved my story was the truth, and acknowledge my SC CCW. He instead took the statement of a criminal crackhead on parole for a long list of crimes and arrested me. When told he was making a mistake the officer said "crackheads have rights too."

    After 2 days in jail, a lawyer, and over 18 months the charge was dropped.

    Certain HCPD officers and the DA's office refuse to acknowledge the "Castle Doctrine" and continue to allow rogue police officers to deny SC citizens the lawful right to defend themselves against attack on their own property. Speak to your representatives and tell them to instruct the police and Mr Hembree's office to start following the laws as written!




    Here is the law, known in most states as the "Castle Law or Castle Doctrine"

    Lawful Use of Deadly Force
    Section 16-11-410. This article may be cited as the 'Protection of Persons and Property Act'.

    Section 16-11-420. (A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.

    (B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.

    (C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.

    (D) The General Assembly finds that persons residing in or visiting this State have a right to expect to remain unmolested and safe within their homes, businesses, and vehicles.

    (E) The General Assembly finds that no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.
    In the mean time, based on my experience, you should be very careful who you inform you have guns, any liar can go to a magistrate and get a warrant for "pointing/presenting" with NO evidence or investigation, just their word, and you will be arrested on a felony charge and forced to prove YOU are innocent, rather than they prove you are guilty. The laws are being abused.


    What is you opinions?

  2. #2
    Thanos
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    How did the crackheads make a statement? If I am going to pull my gun, someone is going to get shot and the only statements made will be by me.


    Shoot the dog first then shoot the owner, and tell the cop that it was ordered to attack. I doubt you would be required to flee from a dog, I also think that three against one would have put you at such a disadvantage that you could have easily said, "I feared for my safety and they kept comming after I warned them and attempted to flee."


    You are required to flee though and since you were not inside your property/home/car/ business if you had the opportunity to flee you are required to take it.
    Unless you are unable to flee, for example a disabled person would not be required to flee to the same extent that an able bodied person would.

  3. #3
    Senior Member njdevil's Avatar
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    Default Followup

    Again this is from a differnt site

    I contacted the NRA, GOA and opencarry.org, the NRA and GOA would not respond to emails and when called said "laws vary, the officer probably made a mistake but a lawyer will help sort it out, we can't help." The opencarry people sent a badly misspelled email reply saying "know the laws in your state and hire a lawyer." So much for those "gun advocates" they are only interested in signing new members and always take the side of LE. You have no friends when you are charged, everybody defers to LE, even when they make tons of mistakes and have a weird agenda and false arrest occurs.

    Based on my experience you are at the criminals whims in this county. I repeat, there is nothing to keep anybody from making any claim against you and having a warrant drawn up. SC is one of the few states that does not require a police investigation of facts, anybody can go before a magistrate and he will sign a warrant at his discretion. It's then up to YOU to fight the warrant, by hiring an attorney and waiting on the interminably slow courts.

    What can you do? Forget all the tough talk about gunslinging, etc... spend the money on a VIDEO survelillance system that records 24/7. Unlike ADT, a video system SHOWS what happened. For 800 bucks you can get a 4 camera system at Sams Club and install it yourself. Based on the lack of integrity of certain LE I have put a WIFI enabled cam in my vehicle as well, so there is no question of what happens in any road type situation.

    The "old days" are gone, there have been several incidents of homeowners shooting robbers, some homeowners have been charged with ABWIK, others not charged at all. There is too much discretion and lack of uniformity in the application of the Castle Law in Horry county. In my case the officer took the word of a convicted felon on parole over mine, my SC CCW apparently had the reverse effect and intimidated or offended him. Legal recourse against the officer would not be worth the expense or time, and would probably cause a backlash of retribution. My lesson from this was people lie, videotape does not, spend on the cameras its cheaper than attorneys fees. Of course, if your life is in danger and you have no recourse, shoot the bastards and let the jury decide, but having it on videotape makes it that much easier for you to protect your rights. That is my advice from having been through it

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    and this is why I know many people who have a "drop Gun" in thier house. Incase someone breaks in, they shoot them, they "drop" the gun next to the robber and say he was armed.

  6. #5
    Harley Dude NGF Addict! sig232's Avatar
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    Quote Originally Posted by marksiwel View Post
    and this is why I know many people who have a "drop Gun" in thier house. Incase someone breaks in, they shoot them, they "drop" the gun next to the robber and say he was armed.
    You have been watching too much TV!

    You never, never mess with a crime scene! Authorities can determine whether or not the individual that was shot fired or handled that gun or not. Not a smart move or the right kind of advice to put up for others to read.

    If you fear for your life and find it necessary to defend yourself within your own home, you will come out on top if you keep your mouth shut, hire a lawyer and present the truth.

    The scenarios that are put up on the web are one sided and do not always present the facts or the truth.



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  7. #6
    Thanos
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    I would never have a gun to plant on someone. I might say that I thought they had a gun/knife and I was in fear of my safety.

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    Obviously, the correct action is to sue the crap out of them.

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    Senior Member HeckerHamroast's Avatar
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    man, maybe I should just turn the gun on myself and save everyone the trouble.

  10. #9
    Thanos
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    Quote Originally Posted by Slayer of Paper View Post
    Obviously, the correct action is to sue the crap out of them.

    The cops? Good luck. They had reason to believe that they were doing the right thing, what would you sue them for? Can't be false imprisonment.
    Last edited by Thanos; 11-13-2008 at 08:28 PM.

  11. #10
    Drunk Supernova NGF Addict! C-D-P's Avatar
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    Quote Originally Posted by Thanos View Post
    The cops? Good luck. They had reason to believe that they were doing the right thing, what would you sue them for? Can't be false imprisonment.
    Ignorance is no excuse for us, it is not for them either. You said that your state has the castle doctrine. Well if they are hitting you up for being within the law, then they are in the wrong. Thinking they are doing the right thing does not mean that they are untouchable.
    “I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.”

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