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Topic: Reports of shooting at Batman Premier.
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Randy Stankey
Film God

Posts: 6539
From: Erie, Pennsylvania
Registered: Jun 99
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posted 07-26-2012 12:52 PM
Advances in weapons technology are irrelevant to the Second Amendment. The founders had the most advanced weapons known at the time and could not conceive of what weapons would become. The type of weapon, whether it be a sharp stick or an Illudium Q-36 Explosive Space Modulator, has no bearing on the intent or meaning of the Second Amendment.
In the time leading up to the Revolution, the King of England tried to restrict free speech in the colonies and, in order to further that goal, tried to confiscate their weapons. It is this second act which tipped the colonies into revolution.
The Second Amendment was written specifically to put our collective feet down and say, "Government, butt out! We mean it!"
If the colonists had breech loading, semi-automatic, cartridge rifles that could shoot out a pig's eyeball at 1,000 yards they would have included those in the meaning of the Second Amendment, too.
Again, I will say that this kid, Holmes, was acting out a fantasy and the type of weapon was irrelevant to that fantasy. He had gas bombs and incendiary devices and he used them and he booby trapped his home with them. If he could have had a "death ray" he would have used it.
People who are afraid to go out in public places because they fear crazy people with guns are, themselves, acting crazy. The danger of being killed remains the same whether you are at home or at the movies. You could be run over by a truck on your way to the movies. You could be struck by lightning. Your car could fall into a sinkhole... OR you could simply keel over and die for no externally apparent reason.
All of these things and many more happen all over the world, thousands and thousands of times per day. Few news crews hover over the scenes of these accidents. Headlines don't scream "Death and Desctuction!"
This was an individual act committed by a single disturbed individual. It has little or no relationship to any acts that came before or after. It is a fallacy to think it does.
That does not mean that people shouldn't be on guard in case bad things happen or in case bad people do bad things. We should. A little bit of fear is healthy. It makes people want to be more aware of their surroundings.
However, government restrictions on people's lives is NOT going to solve anything. I propose that it's actually HARMFUL to the government in that it uses up scarce resources that should be devoted to other things.
So, in a roundabout way, the Bill of Rights not only protects the people from the government, it also protects the government from itself.
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Randy Stankey
Film God

Posts: 6539
From: Erie, Pennsylvania
Registered: Jun 99
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posted 07-27-2012 01:53 AM
Any law abiding citizen in the U.S. has the right to use whatever reasonable force is necessary to stop another person from hurting them, their family or another person in their normal sphere of influence, up to and including the use of deadly force.
You don't have to make the distinction whether it's in your home, in your car or even just walking down the street. You have the right to proceed, safely, in your own lawful business wherever you are. You have the right to do whatever is reasonably necessary to protect yourself as you proceed in your own lawful business. If another person who would harm you has to die in order for you to protect your right to safety, that's an unfortunate consequence of his own actions, not my problem.
This, in no way, means that people can shoot each other without cause. There are some very specific rules as to what constitutes a threat and what are reasonable means to defend against that threat. Some of these rules are codified in law. Some of them are Common Law. (Pennsylvania is a commonwealth.) Some rules are just plain common sense. If you don't consider the "Rules of Engagement," as it were, you could end up in jail or, even if you are eventually cleared of wrongdoing in a court of law, you could be in for a lot of legal scrutiny and headaches.
It doesn't matter whether somebody breaks into your house or tries to steal your car. You may assume that person means to do you harm and you have the right to act accordingly.
This Holmes character is a perfect example. He was an unreasonable person, Hell-bent on destruction. No amount of talking or reasoning would have stopped him from doing what he did. The only thing that would have stopped him was force.
Can you honestly say, "Oh, it's just a movie theater. There's no need to defend yourself in a movie theater."?
This does not mean that shooting him would have been right under all circumstances. I'm only saying that people have the right to do what they believe is necessary to protect themselves.
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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001
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posted 07-27-2012 09:01 AM
quote: Peter Howard But if you're just being carjacked, you dont have the right to pull a gun and blow them away..... just give up the car dammit, and let the cops handle it.
This is assuming a thief wanting to take your vehicle away from you is going to be polite about it. I can cite car robbery cases right here in Lawton as well as Oklahoma City where the thieves murdered the vehicle owner as part of the plan. A robbery victim is also a potential witness. Certain robbers are more than willing to kill either to eliminate the potential witness or kill just for the thrill of doing so.
Unfortunately the world has many ugly sides to it. I'd much rather have a gun and not need it rather than need a gun and not have it.
IMHO, the US and its individual states have plenty of gun control laws. I don't think we need new laws; rather, the existing ones just need to be better enforced.
Additionally, personal responsibility plays a huge roll in all areas of life, including the use of firearms. I think anyone who is interested in owning a firearm should well versed in the rules of safety in handling a firearm as well as the rules of self defense.
Oklahoma is one of a number of states that has both "make my day" and "stand your ground" laws. Unfortunately too many citizens in this state think that gives them free license to do whatever when confronted with a threat. Wrong. Regular "Joe Six-pack" citizens are subject to the same rules police have to follow when using deadly force. The language in the Oklahoma Self Defense Act merely better shields a crime victim from criminal and civil prosecution when forced to seriously harm or kill someone trying to commit a harmful criminal act against them.
A pharmacist from Oklahoma City found out about this the hard way. He's doing time for first degree murder by finishing off one of two men who tried robbing his store. He wounded one man, who was unarmed, in the initial gunfight and chased the other guy who was armed outside the store. The pharmacist came back inside and saw the wounded man on the floor. He walked back to his office, reloaded his pistol, came back to the wounded man and shot him a few more times. All this was caught on the store's security video system. Many people in Oklahoma think the pharmacist should not have been convicted of first degree murder, or even charged in the first place. Like it or not, the pharmacist committed murder.
The Oklahoma Self Defense Act does NOT give anyone the explicit right to actually kill someone who is a threat. The death of a home invader should only be incidental, not intentional. Police are trained to shoot to stop not shoot to kill.
If the intruder is still alive after you neutralized his threat you do not have any right to finish him off. If you wanted to kill him you should have shot with better accuracy in the first place. At least the Oklahoma Self Defense Act would provide some protection from the intruder's lawyers bankrupting you in a civil action.
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