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Gun Control Debate and defend whether or not you believe that the second amendment protects individual rights to bear arms.

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Old 07-06-2005, 06:29 PM   #11 (permalink)
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Quote:
Originally Posted by tadpole256
Quote:
Originally Posted by prescott911
i agree.... again. hehe. but yea that is fucked up. fire that bullet into an object like a tree or a wall where it will get lodged or not at all. but not into the air. someone could get hurt and someone did.
In the military we learn a very important gun safety rule...

You own the bullet from the time it is loaded in your weapon, till the time it stops moving. So if your bullet ends up lodged in some poor kids head, it is your fault and you should be prosecuted as such. No matter what the intentions were. That's the reason that 'warning shots' are strictly prohibited.

I do not think guns should be banned, but I do think the punishment for misuse should be severe.
With you 100%. Well said.
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Old 07-07-2005, 11:37 PM   #12 (permalink)
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Oh my god... that is so sad. Oh I hope they can save the baby, and find the irresponsible jerk with the gun.
Old 07-08-2005, 07:20 AM   #13 (permalink)
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Quote:
Originally Posted by hippy-tits
Oh my god... that is so sad. Oh I hope they can save the baby, and find the irresponsible jerk with the gun.
yea me too, what do you guys think they should do when/if they find the guy that did this?? attempted manslaughter as a charge?? if that charge if exists. he should definetly get his liscense and/or permitt taken away for life along with all firearms he owns cuz he was just plain old retarded.
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Old 07-08-2005, 07:32 AM   #14 (permalink)
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Quote:
Originally Posted by prescott911
Quote:
Originally Posted by hippy-tits
Oh my god... that is so sad. Oh I hope they can save the baby, and find the irresponsible jerk with the gun.
yea me too, what do you guys think they should do when/if they find the guy that did this?? attempted manslaughter as a charge?? if that charge if exists. he should definetly get his liscense and/or permitt taken away for life along with all firearms he owns cuz he was just plain old retarded.
He'd be charged with manslaughter in the 2nd degree. And I agree that he should have his weapons rights permanently revoked. He'd probably get a couple of years in prison, followed by the standard 7 years probation.
Old 07-08-2005, 09:03 AM   #15 (permalink)
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Quote:
Originally Posted by tadpole256
Quote:
Originally Posted by prescott911
Quote:
Originally Posted by hippy-tits
Oh my god... that is so sad. Oh I hope they can save the baby, and find the irresponsible jerk with the gun.
yea me too, what do you guys think they should do when/if they find the guy that did this?? attempted manslaughter as a charge?? if that charge if exists. he should definetly get his liscense and/or permitt taken away for life along with all firearms he owns cuz he was just plain old retarded.
He'd be charged with manslaughter in the 2nd degree. And I agree that he should have his weapons rights permanently revoked. He'd probably get a couple of years in prison, followed by the standard 7 years probation.
Yes, definetly. Im gonna look up the various types of manslaughter and the degrees.
-- San Fernando Valley's where it's at
Old 07-08-2005, 09:13 AM   #16 (permalink)
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MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.

It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.

The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice which the law raises in every case of homicide; it is therefore no answer when express malice is proved and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred.

In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder.

The killing of an officer by resistance to him while acting under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction, the killing is manslaughter, or excusable homicide, according to the circumstances of the case.

Killing a person while doing an act of mere wantonness, is manslaughter as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender was only a trespasser.

When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving. Again, when death ensues, from the gross negligence of a medical or surgical practitioner, it is manslaughter.
Old 07-08-2005, 09:15 AM   #17 (permalink)
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Degrees of Manslaughter...
§ 320. (4460) (7090) (4860) (3731) (4301) (3659) (117) Degrees of manslaughter. Manslaughter, by voluntarily depriving a human being of life, is manslaughter in the first degree; and manslaughter committed under any other circumstances is manslaughter in the second degree.

§ 322. (4462) (7092) (4862) (3733) (4303) (3660) (11 Punishment. Any person who is convicted of manslaughter in the first degree shall, at the discretion of the jury, be imprisoned in the penitentiary for not less than one nor more than ten years, and any person who is convicted of manslaughter in the second degree shall, at the discretion of the jury, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year, and may also be fined not more than five hundred dollars.
Old 07-08-2005, 09:15 AM   #18 (permalink)
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Did I mention I was considering going into law?
Old 07-08-2005, 09:30 AM   #19 (permalink)
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Quote:
Originally Posted by tadpole256
MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.

It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.

The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice which the law raises in every case of homicide; it is therefore no answer when express malice is proved and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred.

In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder.

The killing of an officer by resistance to him while acting under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction, the killing is manslaughter, or excusable homicide, according to the circumstances of the case.

Killing a person while doing an act of mere wantonness, is manslaughter as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender was only a trespasser.

When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving. Again, when death ensues, from the gross negligence of a medical or surgical practitioner, it is manslaughter.
Damn I looked up murder and its degrees and I got that same definition.
-- San Fernando Valley's where it's at
Old 07-08-2005, 09:33 AM   #20 (permalink)
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Quote:
Originally Posted by tadpole256
Did I mention I was considering going into law?
yea, you also mentioned you considered or are considering joining the army im not sure which of the it was but maybe it was the latter of them. would you be interested in being part of the Naval Judge Adjutant General?? or just civilian law??
-- San Fernando Valley's where it's at
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