Civilian Owned Firearms, what do we think?

[bruggz351]

Originally Posted by Mals-JK

I'll step it up a notch! I actually think we should be able to buy Hand Guns, say in the case of violent home invasions, why cant we protect ourselves instead of having to dial 000 and wait n hope the cops arrive in time! if its life threatening id like to have the full backing of the law to defend my home and family.
You all are saying we can own a gun if we give good reason, well one reason i know we will never be given rights to a gun if we state its for "home protection", saying that in USA they give you want you need, but it's a dirty word if you say it in AUS.

I agree with this...
But, from what I understand, I can't even clobber a rock-ape with a bat who has broken into my home and threatened the safety of my wife and kids and myself.
The laws in this country were dreamed up by a bunch of halfwits. They protect nobody but the perpetrators.

[warnabrother]

Originally Posted by Mals-JK

I'll step it up a notch! I actually think we should be able to buy Hand Guns, say in the case of violent home invasions, why cant we protect ourselves instead of having to dial 000 and wait n hope the cops arrive in time! if its life threatening id like to have the full backing of the law to defend my home and family.
You all are saying we can own a gun if we give good reason, well one reason i know we will never be given rights to a gun if we state its for "home protection", saying that in USA they give you want you need, but it's a dirty word if you say it in AUS.

Agreed.. I grew up in South Africa where hand gun ownership for personal protection is common (and some would argue required)and find it rediculous that if I came home to my wife being raped and beaten all I can do to help is call the cops.. and if I did try anything else, assault charges could be laid against me.. having said that, in that situation if I were to be able to access any type of weapon, I would deal with the consequence of my actions after saving my wife first..
Australia is the land of the free... if you are a crim.. and the land of the over regulated anf Policed if you are not..

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[fil]

Originally Posted by bruggz351

I agree with this...
But, from what I understand, I can't even clobber a rock-ape with a bat who has broken into my home and threatened the safety of my wife and kids and myself.
The laws in this country were dreamed up by a bunch of halfwits. They protect nobody but the perpetrators.

It has a lot to do with pre-empted and pre meditated intentions. If you have a firearm/baseball bat/knife/frying pan/stick/rock ect ect sitting next to your bed, you are perceived as having pre meditated the use of such.
However, if you were unlucky enough to be broken into by a thief and said thief was armed with a firearm/baseball bat/knife/frying pan/stick/rock, and when you were threatened with said weapon you were handy enough to secure the weapon from the thief and shoot/beat/stab/ his ass with it, that's ok.

There was an incident not too long ago when this exact thing happened. This guy came home found two crims ransacking his home, upon being sprung one of the crims pulled out a pistol, the home owner managed to wrestle the pistol from the invader and shot one crim dead and shot the other in the leg whilst he was trying to run away. The second crim managed to make it up the street a bit where he died in the gutter from blood loss.

Home owner was not charged apparently

Dead men tell no lies

[kj69]

http://www.usatoday.com/story/news/n...rates/1784595/

Interesting article on gun deaths in the USA.

[Dustbowl]

Originally Posted by bruggz351

I agree with this...
But, from what I understand, I can't even clobber a rock-ape with a bat who has broken into my home and threatened the safety of my wife and kids and myself.
The laws in this country were dreamed up by a bunch of halfwits. They protect nobody but the perpetrators.

right on the money there, Self defence laws couldn't be more backwards!

[layback40]

Originally Posted by bruggz351

I agree with this...
But, from what I understand, I can't even clobber a rock-ape with a bat who has broken into my home and threatened the safety of my wife and kids and myself.
The laws in this country were dreamed up by a bunch of halfwits. They protect nobody but the perpetrators.

Hey Bruggz,
You picked up the base ball bat as you ran into your sons room. No premeditation.
There was a case a number of years ago in Melbourne when a senior SSAA guy blew the side out of a guy who had broken into a house he owned. He was initially charged over it but it was thrown out of court IIRC.

[layback40]

How to deal with a home invader


The old Australian adage that a man's home is castle was highlighted this week when a Marrickville resident confronted an alleged home invader who later ended up in hospital with some pretty serious injuries. Amongst all the anxiety there is one issue here that needs to be clarified. That is the law says you can take all reasonable steps to protect yourself and your property even at expense of would be burglars or assailants.

So what to do if you find yourself confronted by an intruder in the middle of the night? The law is pretty clear. In February 2002 the Crimes Amendment (Self-Defence) Act came into force and it is section 418 that is particularly relevant. A person is not criminally responsible for an offence if it is carried out in self defence. If that person believes his or her conduct is necessary to prevent themselves or anyone else being harmed or their property threatened they can take such action as is reasonable in the circumstances.

However, if the intruder is killed then self defence is harder to establish and a charge of manslaughter may result if the response causes death and is not judged by the court to have been a reasonable response in the circumstances. It is rare for the police to prosecute where a person has clearly acted in self defence and when they do the accused is usually acquitted. This was seen in the case of Arbed Jarwad Hersch who was acquitted of murder after stabbing Mohammed Tariq Kahn with a screw driver after a road rage incident.

There are also powers which allow a person to arrest and detain another person until the police arrive if that person is in the act of committing an offence or has just committed a crime. This is a general power of arrest and a defence based on “self defence� is not available when making a so called citizens arrest.

It is a given that the Courts will take into account the circumstances they face and the response to the threat if they are charged. Where it is clear cut then no charges would even be laid.

At the end of the day, the law protects homeowners and always will. What it doesn't do is allow vigilante action or for individuals to have a licence to kill.


- NSW Law Society President Hugh Macken