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Old 03-18-2024, 07:35 PM
  #31  
rensoyka
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Originally Posted by moab
you can’t use a firearm for self defense in your home.

that’s the law.

but I would definitely break the law if my family was in danger and use of my firearms.
ORLY. I say otherwise.
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Old 03-18-2024, 07:40 PM
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rensoyka
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you can't own a firearm solely for the purpose of self defense but you can use it in a life threatening situation where it is legal to load and shoot and nobody can tell you otherwise. inside your dwelling becomes a legal place to load and shoot if your life is threatened.
Old 03-18-2024, 07:44 PM
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naturally the burden of proof falls to you that your life was threatened. the proof is the dead guy on the floor with his gun with his prints and DNA lying beside him or her or whatever.
Old 03-18-2024, 07:45 PM
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Originally Posted by rensoyka
you can't own a firearm solely for the purpose of self defense but you can use it in a life threatening situation where it is legal to load and shoot and nobody can tell you otherwise. inside your dwelling becomes a legal place to load and shoot if your life is threatened.
Are you willing to trust the crown will have your best interests in mind?
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Old 03-18-2024, 08:05 PM
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Originally Posted by rensoyka
you can't own a firearm solely for the purpose of self defense but you can use it in a life threatening situation where it is legal to load and shoot and nobody can tell you otherwise. inside your dwelling becomes a legal place to load and shoot if your life is threatened.
really? What’s your source?
Old 03-18-2024, 08:06 PM
  #36  
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Originally Posted by rensoyka
naturally the burden of proof falls to you that your life was threatened. the proof is the dead guy on the floor with his gun with his prints and DNA lying beside him or her or whatever.
are you a lawyer or do you just play one on tv?
Old 03-18-2024, 08:07 PM
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Originally Posted by moab
are you a lawyer or do you just play one on tv?
Yeah unfortunately he picked the wrong guy to have a legal battle with...lol
Old 03-18-2024, 08:13 PM
  #38  
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Originally Posted by .2PDK
Yeah unfortunately he picked the wrong guy to have a legal battle with...lol
granted I’m a corporate lawyer not a criminal one, but I recall being advised you use a firearm for defense (unless you are a CN track employee who is issued a firearm for defense against wildlife) at your own risk.
Old 03-18-2024, 08:17 PM
  #39  
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Originally Posted by SToronto
If they were so trained and able to disarm the assailants of their knives, they seem like they had the situation somewhat under control. To then turn around and use the knives on the assailants to inflict multiple stab wounds, sounds like it went too far in a form of retaliation. Obviously not privy to the court case but some surface thoughts.

In the MIlton situation, the resident fired one shot. He did not shoot a second time or third time, each time making worse for himself if they were not necessary. 4 against 1 (not including the mother), intruder had a firearm and attacked the mother.

Point being in a situation, you may not react as prudently as you think you would out of the situation.
As I said earlier, unless you’ve been in a similar situation, it’s tough to judge. It’s late, downtown Hamilton in an area that is known for ethnic gangs. Group is drinking at a patio bar as you walk by…

I see your point, I’m just saying it is very hard to do just enough. One night I was jumped by two guys outside a bar. Big boys wearing football jackets. I was 6 ft 182, so small in comparison. Each had me by one arm and my leather jacket got pulled over my head as they punched me in the ribs (the ER Dr. Said I had a class ring imprinted on my ribs). Without getting into details, the last kick was probably ‘too much’, but I was just reacting at that point. In Japanese it’s called mushin - without thought.

Last edited by Onami; 03-18-2024 at 08:29 PM.
Old 03-18-2024, 08:18 PM
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Originally Posted by moab
granted I’m a corporate lawyer not a criminal one, but I recall being advised you use a firearm for defense (unless you are a CN track employee who is issued a firearm for defense against wildlife) at your own risk.
You are absolutely right. This isn’t ‘merica!
Old 03-18-2024, 08:26 PM
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Originally Posted by moab
granted I’m a corporate lawyer not a criminal one, but I recall being advised you use a firearm for defense (unless you are a CN track employee who is issued a firearm for defense against wildlife) at your own risk.
Exactly, as one of my friends (a criminal lawyer Hamilton) once told me the crown counsel will review the facts and proceed accordingly, your view of excessive force may differ greatly from theirs when deciding.

Many moons ago there was a brawl at one of the clubs I was working at, everyone was expelled from the property and then one returned later on (quite drunk) and was denied entry without an altercation (doors shut). He stumbled back and fell down stairs...long story short he was in a coma and the crown went to great lengths to try and charge someone for it, interviews galore with door staff (no customer witnesses) and in the end it was dropped when he woke and proclaimed it was his fault and nobody touched him...
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Old 03-18-2024, 09:43 PM
  #42  
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https://globalnews.ca/news/9503434/s...home-invasion/
Old 03-18-2024, 10:03 PM
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https://driving.ca/column/lorraine/l...ners-for-theft
Old 03-18-2024, 10:05 PM
  #44  
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Originally Posted by moab
granted I’m a corporate lawyer not a criminal one, but I recall being advised you use a firearm for defense (unless you are a CN track employee who is issued a firearm for defense against wildlife) at your own risk.
My best friend of 40 years is a Crown Attorney and Moab is bang on. While you may have defended yourself against a home invasion you now face a court system that deems you a criminal for your actions.

I went the coyote spray route instead. Cheap on amazon. You bust through my front door you get face sprayed from up to 15 feet away. It wont kill ya but youll likely wish you were dead full can spray strenghth wise.
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Old 03-18-2024, 10:11 PM
  #45  
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Yeah, that's a good summary of what I remember from criminal law in my first year of law school. The important legal tidbit from that article is the lack of the "castle doctrine" in Canada. That common law doctrine is what lets people in Texas blast a guy with a shotgun in his back while he is running out of your house with your tv...
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