The issue of firearms (Full Version)

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VanIsleKnight -> The issue of firearms (8/8/2009 12:42:33 PM)

This is probably a sensitive issue at best, so I'll try to be as inoffensive as possible.

That being said, I was talking with an acquaintance of mine who is in her early twenties and lives in an area where she is able to take her horse for a ride or a walk.  Well, today she took her horse for a walk in the woods and was shot by an elderly man (82) in the gut with a shotgun using rubber beanbag bullets because he thought she was a robber.

I'll break that down for you again. A person (never mind the age or gender) who is walking their horse through the woods minding their own business is liable to be shot by another person (again never mind the age or gender) by a shotgun.

What?  I doubt this is a United States thing only and am curious if incidents like this happen in other countries.

Taking age into account, what on -earth- is an 82 year old man doing carrying around a firearm?  Isn't there a law that goes along the lines that citizens who reach a certain age are no longer allowed to drive because of a reduction in ability to safely operate a vehicle?  Why should that be any different for a firearm?  They're much easier to use, designed specifically to kill or seriously injure, and in my opinion demand the same if not higher levels of mental reasoning, general environment awareness and sensory perception needed to drive a vehicle.




DarkSteven -> RE: The issue of firearms (8/8/2009 12:50:12 PM)

quote:

ORIGINAL: VanIsleKnight
Taking age into account, what on -earth- is an 82 year old man doing carrying around a firearm?  Isn't there a law that goes along the lines that citizens who reach a certain age are no longer allowed to drive because of a reduction in ability to safely operate a vehicle?  Why should that be any different for a firearm?  They're much easier to use, designed specifically to kill or seriously injure, and in my opinion demand the same if not higher levels of mental reasoning, general environment awareness and sensory perception needed to drive a vehicle.



Nope, no law that restricts driving by maximum age.

Now, let's talk about your friend's situation.  Was she on the man's property when he shot her?  If so, she was trespassing and he may have had a valid point thinking that she had no business being there, although expecting a robber to bring a horse...

If not, then this is a simple case of assault and the guy should get nailed.

Saying that he should be denied a gun because he's 82 and presumably incapable is preposterous.  Saying that he should be denied a gun because he has no clue who he's firing upon is reasonable, though.

And people who misuse cars are more dangerous than those who misuse guns.





Rule -> RE: The issue of firearms (8/8/2009 12:50:35 PM)

So let the court decide about this particular case.

My late grandfather liked to ride on his bicycle. A neighbour suggested that we prohibit that. We didn't. If he got hurt on his bike, then that was fate, I felt. His age was no reason to take his joy away.

If someone likes to shoot girls in the belly with rubber bean bag bullets, then by all means let them have their fun - and try them before a judge when they are caught.




ThatDamnedPanda -> RE: The issue of firearms (8/8/2009 12:51:05 PM)

quote:

ORIGINAL: VanIsleKnight

Isn't there a law that goes along the lines that citizens who reach a certain age are no longer allowed to drive because of a reduction in ability to safely operate a vehicle? 


Not in any jurisdiction that I'm aware of. I don't think it's so much an age issue as it is a mental capacity issue - this particular 82-year old just happens to have none, whereas many other 82-year olds might be perfectly competent. Hopefully, however, he has a good deal of money, so your friend can sue him for every penny of it.




FullCircle -> RE: The issue of firearms (8/8/2009 12:54:26 PM)

Get ready for a long debate which goes something like...

'The right to bear arms doesn't have age restriction because the forefathers envisaged that 82 year olds with guns was vital to halt the tyranny of government.'

Conclusion: modern issues can’t be dealt with because old laws that made the issue can’t be changed for fear of the unknown implications.

Similarly we have a law which gives cars more than 25 years old free parking spaces in some town centres: madness.




VanIsleKnight -> RE: The issue of firearms (8/8/2009 12:57:40 PM)

Before this turns into a "she should sue him" "throw his ass in jail" debate, he apologized, she accepted, that was the end of that.

I however found the story... shocking to say the least, and it gave me yet another negative perception of gun ownership in general.




FullCircle -> RE: The issue of firearms (8/8/2009 1:03:50 PM)

Although there is a rising problem where burglars are using getaway horses.[8|]




GreedyTop -> RE: The issue of firearms (8/8/2009 1:13:30 PM)

*snort*


you're too cute, FC

*hugs*




ThatDamnedPanda -> RE: The issue of firearms (8/8/2009 1:15:52 PM)

She accepted his apology? Holy shit. That's some friend you have there. If anybody ever shoots me in the stomach, it's unlikely I'll be so forgiving.




flcouple2009 -> RE: The issue of firearms (8/8/2009 2:48:59 PM)

I'll accept the apology right after I get to shoot him in the gut with the bean bags




FullCircle -> RE: The issue of firearms (8/8/2009 2:52:29 PM)

In terms of onomatopoeia I imagine that sounding something like: doouf!




OrionTheWolf -> RE: The issue of firearms (8/8/2009 4:29:45 PM)

Unsupported statement based upon the situation presented in the OP.

Either she was trespassing on posted property, and the old man had valid reason to shoot, which that would be determined by the legal system, or he assaulted someone and that will be dealt with my the legal system. See the existing laws cover this scenario.

Mental competency is also a requirement to enact your right to bear arms, in most states. Many that have been designated as mentally unstable or incompetent have many rights removed from them. See existing laws cover that.

The arguement that modern times have outran an arhcaic right, does not hold any substance in most day to day situations that involve firearms.


quote:

ORIGINAL: FullCircle

Conclusion: modern issues can’t be dealt with because old laws that made the issue can’t be changed for fear of the unknown implications.






FullCircle -> RE: The issue of firearms (8/8/2009 5:32:57 PM)

quote:

ORIGINAL: OrionTheWolf
Either she was trespassing on posted property, and the old man had valid reason to shoot, which that would be determined by the legal system, or he assaulted someone and that will be dealt with my the legal system. See the existing laws cover this scenario.

Even if sign posted there is still the legal question of how clear the sign posting was and perhaps whether or not the old man was actually aiming for the horse. How in this situation can anyone see a personal threat? Seems to me a case of stop look and listen rather than instantaneous reaction would have easily prevented this injury. This is all though beside the point.
quote:


Mental competency is also a requirement to enact your right to bear arms, in most states. Many that have been designated as mentally unstable or incompetent have many rights removed from them. See existing laws cover that.

I've shown in a previous thread here your federal governments own statistics on the numbers of people given such a legal right with their background checked afterwards and found to be too mentally unstable. A silly mechanism where someone given the right to own a gun is then asked to hand it back if found unstable, how many do? There are also numbers for those that disappear. Some states have this system some don't but the idea that only mentally capable people legally own guns is nonsense for two other reasons also:
1) The mental state of an individual may change throughout their life whereas how often is the right to own guns checked against their current mental state?
2) Sources of data for mental health background checks include past crimes committed but not actual medical records in some states as they are private.

http://www.collarchat.com/fb.asp?m=1881786


quote:


The argument that modern times have outran an arhcaic right, does not hold any substance in most day to day situations that involve firearms.

If that wasn't the case half the debates here on the topic of gun ownership wouldn't go back to these rights with some people arguing any control or regulation of firearms is against the 2nd amendment. This is how I see it but you have another view which is fair enough.





DomImus -> RE: The issue of firearms (8/8/2009 5:35:10 PM)

You foist Celine Dion on us and have the nerve to complain about this?






OrionTheWolf -> RE: The issue of firearms (8/8/2009 6:23:45 PM)

quote:

ORIGINAL: FullCircle

quote:

ORIGINAL: OrionTheWolf
Either she was trespassing on posted property, and the old man had valid reason to shoot, which that would be determined by the legal system, or he assaulted someone and that will be dealt with my the legal system. See the existing laws cover this scenario.

Even if sign posted there is still the legal question of how clear the sign posting was and perhaps whether or not the old man was actually aiming for the horse. How in this situation can anyone see a personal threat? Seems to me a case of stop look and listen rather than instantaneous reaction would have easily prevented this injury. This is all though beside the point.


As I said, it is for the legal system to handle. That was in response to you implying that these things cannot be handled in modern times.

quote:


quote:


Mental competency is also a requirement to enact your right to bear arms, in most states. Many that have been designated as mentally unstable or incompetent have many rights removed from them. See existing laws cover that.

I've shown in a previous thread here your federal governments own statistics on the numbers of people given such a legal right with their background checked afterwards and found to be too mentally unstable. A silly mechanism where someone given the right to own a gun is then asked to hand it back if found unstable, how many do? There are also numbers for those that disappear. Some states have this system some don't but the idea that only mentally capable people legally own guns is nonsense for two other reasons also:
1) The mental state of an individual may change throughout their life whereas how often is the right to own guns checked against their current mental state?
2) Sources of data for mental health background checks include past crimes committed but not actual medical records in some states as they are private.

http://www.collarchat.com/fb.asp?m=1881786


And I have stated in previous threads that there should be licensing, not waiting periods. Part of the vetting would be a check for mental health issues in the past. Regardless it should be the State, and not the Feds, that handle this for the local citizenry. I have also stated this countless times in other threads.

quote:


quote:


The argument that modern times have outran an arhcaic right, does not hold any substance in most day to day situations that involve firearms.

If that wasn't the case half the debates here on the topic of gun ownership wouldn't go back to these rights with some people arguing any control or regulation of firearms is against the 2nd amendment. This is how I see it but you have another view which is fair enough.




I responded to a blanket statement. There are current laws on the books in many states, that are not suitablly enforced so making more laws will not correct the problem. Forced responsibility of your rights will. This means that people like the girl in this story, do not just accept the apology. They accept it and say "but you still must face the consequences of your actions" and call the police. Let the legal system determine whether the man 1) should have done what he did 2) is mentally competent to keep a firearm.





Termyn8or -> RE: The issue of firearms (8/8/2009 8:28:33 PM)

FR

Taking away someone's rights is actually a bill of attainder, which the Constitution prohibits. Now mind you I think the guy was wrong in shooting even in view of the castle law ruling. But that does not mean do not try him, and possibly even execute if he had killed.

Everyone seems to want to take rights away from people. Over the years I have found that in most cases they want to take rights away from OTHER people.

Try the guy and throw his ass in jail, if that is the right thing to do based on ALL the circumstances. That is why there are courts and that is EXACTLY why there are juries.

T




subrob1967 -> RE: The issue of firearms (8/8/2009 9:57:49 PM)

Isn't it amazing that the anti gun nuts even complain about non lethal measures? If the friend accepted the shooter's apology, I'd hazard a guess she was trespassing on private property, and knew it.




rikigrl -> RE: The issue of firearms (8/8/2009 10:13:18 PM)

Why is it that the people who are in favor of sanity as far as gun ownership goes are referred to as "nuts"??? The number of people killed by guns in the U.S. is an abomination when compared to the sane, civilised, countries of the world. The N.R.A. is akin to a terrorist organisation imho.




Rule -> RE: The issue of firearms (8/8/2009 10:25:42 PM)

Perhaps they had it coming to them? I hope a couple of my neighbours move; damn loud music.




Termyn8or -> RE: The issue of firearms (8/8/2009 10:52:43 PM)

riki, while true, there is another factor you forgot. Closer examination of those statistics reveal that most killed by guns are killed by LEOs.

Of course I realize they are put in that position, but the fact still remains. And also, don't forget there are like 300 million people here, so the raw numbers obscure the truth. Take it PER CAPITA and let's see where we stand. Of course now minus all the shootings by LEOs.

Where does that leave ya ?

T




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