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Old 01-08-2011, 05:39 PM
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Selkirk Selkirk is offline
 
Join Date: Oct 2008
Location: In the shadow of the Valhalla Mountains, BC .
Posts: 9,175
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Quite a hot topic here Folks ... and lots of 'hot-headed' posts as well!

In spite of what many have said here, we "do" have the legal right to defend our property (and ourselves) ... but only within reason. We do not have the right to turn ourselves into 'Judge, Jury, and Punisher' (a.k.a. a vigilante).

I don't profess to know all the details of what happened that night, but from what I understand, Brian Knight was within his legal rights to use 'reasonable' force to try and stop the theft, and to try and recover his property from the thieves. Unfortunately, Brian Knight crossed the line when he pulled out his gun and shot the unarmed thief who was attempting to run away, empty handed, on foot.

The law is quite clear on these matters;
Defence of Property: http://lawbrain.com/wiki/Defense_of_property
Self Defence: http://www.duhaime.org/LegalDictiona...lfDefence.aspx

I won't be donating to Brian Knight's defence fund (he went too far when he pulled the trigger), but I am hoping the Judge will go easy on him ... hopefully, he'll just be put on probation for while.


TF
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