Virginia Gun Owners Forum - VGOF

MarcSpaz wrote:I have to precursor this with the fact that I am not a lawyer, but...

I don't disagree that the court systems frequently unjustly apply the law and punish people who should not be. However, I know for a fact that Federal and Virginia state case law has established "imperfect defense", whereas if a person provokes an attack, they can still use lethal force to defend themselves if they provoked an attack without felonious intent.

Not wanting my car to be stolen and ordering someone off my property with no threat of force or presentation of arms could hardly be considered "felonious intent".

Also, case law in VA allows me as a citizen to arrest someone if I witness them committing a crime, felony or misdemeanor, if the misdemeanor is considered disruption/disturbance of the peace or could lead to disruption/disturbance of the peace.

So, again, I don't think your statements are wrong, but I feel that your response is not the only correct response. People have the natural right to not be a victim.

All that legal talk is well and good, until you go to trial. In court, you will be asked: a) why were you the aggressor, and why didn't you simply retreat and call the police and let them do their job?; and b) was it worth killing an unarmed person over just a lousy $7,000 car? The burden will be put on you and why you chose that course of action. It will be noted that you had options, but you chose the most violent course of action that killed a good kid who never did nobody no wrong.

As far as the citizen arrest thing goes - you may have a legal right to make a citizen's arrest, but you may or may not have the right to use deadly force to make the arrest. Police are usually compelled to give chase to a felony suspect, but this may or may not apply to a private citizen, and again, you could be blamed for putting yourself in harm's way when you didn't have to. You had other choices, but a cop generally does not. You also may not be immune from civil liability if you make a false arrest or use deadly force.

I'm not saying any of this is right or is fair.

All valid points. All things for everyone in any situation like what the OP presented.

I am not advocating violence. I prefer to avoid it at all cost. I think ultimately, what makes a good person is the willingness and effort put toward avoiding conflict and finding means other than violence to resolve conflict.

Violence has its place; but this is only becausethere are those that accept no other course of action.

I've always been pretty good at avoiding conflict. It generally helps to be able to not get offended by anything; even if you are offended.

[ Post made via Mobile Device ]

Do you trust the court system? I sure don't.

It is just a car it can be replaced. Your freedom can't....