I'm glad I don' Live in England

[Mule Packer]

you live in the USA...a stranger breaks into your house and threatens you...you shoot and kill the person...

will the police confiscate your firearm?

will the deceased's relatives bring suit against you?

will you have legal expenses?

I think vytoland is right. As I was told by a retired Sheriff's deputy in our town, no matter how "cut and dried" it is, you will have your firearm confiscated, you will go to court, and you will have legal expenses. And our town is about as conservative as they come.

I'm afraid there are certain situations where our legal system is on the proverbial "slippery slope," and sadly, this just might be one of them.

Just my two cents worth.

 

[78bagger]

I read somewhere that the UK has the opposite philosophy than we do. Here we are presumed innocent, there you are presumed guilty until proven otherwise. Am I wrong? Also, having had to defend another with shots fired, I can tell you that you will be arrested, your gun will be held in evidence and you will be arraigned. The good news is, if you are in Arizona and there is a witness, you will be cut loose the next day after seeing the judge and your shoe laces and firearm wil be returned. With a buy offer from the guy in property.

 

[Chubbo]

Wake Up Time!

Yes, I think it is. Just a matter of time. All our school children
and college kids are indoctrinated from preschool by liberals
teaching antigun, participation awards, peace, love etc.
Just look at the culture in colleges. A conservative can't even
speak at most colleges. These people grow up to vote.
Add those to current liberal antigun crown and the future doesn't
look bright. In coming years, more liberal judges, supreme court
flips and gun rights are gone. Just a matter of time. You have
no real 2nd amendment in California, New York, New Jersey ,etc
now. It will spread. How do you eat an elephant? One bite
at a time.

Time to wake up, Jim! That elephant is long gone! In fact the things that you were waiting for, to happen, when you fell asleep, happened a long time ago. This was part of the "Big Plan", that was in effect, long before our Revolutionary War. I hate to be the bearer of bad news, but your correct observations are centuries too late. To get insight on this matter, I would suggest, as I have done many times, read the short book, by our third President, Thomas Jefferson! The book is entitled "Best Quotations Of Thomas Jefferson". I intend to suggest this, until told to stop. I seem to be the only one that considers that this book to contains understanding, and answers, to many of our today's problems.

Chubbo

 

[LVSteve]

I read somewhere that the UK has the opposite philosophy than we do. Here we are presumed innocent, there you are presumed guilty until proven otherwise. Am I wrong?

Yes. See my post above regarding how violent death is treated. I have the inside track on the way things are done there as I was born and raised in the UK.

http://smith-wessonforum.com/139990023-post40.html

Since 2004 arrest means you will be giving DNA, even if no further action is taken. IMHO it's just a CYA for the times in the past when rapists and murderers were in custody for minor offenses then released AND to get a government DNA database.

The UK National DNA Database: Balancing crime detection, human rights and privacy

Relevant detail. Note the timing of the legislation.

Third, a 2003 change in the law in England and Wales, which came into effect in April 2004, has allowed DNA to be collected on arrest rather than on charge. This has affected both the number of individual profiles entered and the number permanently retained, because they are kept even if the individual is never charged with any offence. This decision, made via a late amendment to the Criminal Justice Bill in March 2003, happened less than one week before the bill was debated in the House of Commons and during the first week of the war in Iraq, when it was least likely to attract public attention and debate.

Another shorter piece.

GeneWatch UK - What happens when someone is arrested.

 

[tops]

OP.... I'm glad I don' Live in England

This country is getting to be like the country my ancestors emigrated from.
I wonder how long it will be before self defense will be classed as a vigilante act. We can't have people running around taking the law into their own hands. We must wait on the powers that be to decide justice. Larry

 

[pharmer]

.....THAT 78 YEAR OLD WARRIOR, DESERVES A MEDAL......

No, he deserves a 2" model 64 for the next time. Joe

 

[ContinentalOp]

you will go to court, and you will have legal expenses. And our town is about as conservative as they come.

While one's gun will be taken in as evidence, I don't think it's a certainty that one will have to go to court and/or have legal expenses. I've read of a number of instances where the defender wasn't arrested, charges were never filed, and in most, if not all, of the states with "Stand Your Ground" statutes civil suits aren't allowed if one's actions were deemed justifiable. So those aspects will largely depend on where the incident took place.

Having said that, I think it'd be a mistake to assume that this will be the case in every shooting. Any bit of "gray" in the situation can change things, as well as the political climate where the incident took place.

 

[Bat Guano]

And there we see the difference between a SUBJECT and a CITIZEN.

Any questions?

 

[TomkinsSP]

No, he deserves a 2" model 64 for the next time. Joe

Should have kept all those Lend Lease Victorys.

 

[Bat Guano]

Should have kept all those Lend Lease Victorys.

Those who do not learn from history...

American Rifleman | Throwback Thursday: Send A Gun to Defend a British Home

 

[Vulcan Bob]

The thing is, the Brits did not realize (till too late) that their own Government did not care about their well being. What the average American does not realize is that most of our government dose not care about it's citizens. Get out and vote every time folks!

 

[jtcarm]

I guess the road isn't the only thing they're to the left on[emoji33]

 

[grice]

Reminds me of California, don't laugh , I'm stuck here and hope and pray I never have to defend myself from an armed assailant.

 

[Troystat]

For what its worth last year in San Francisco CA (not exactly a hot bed of gun owner rights) a convicted felon shot a person in the home the convicted felon was living and all charges (including being a felon in possession of a firearm. The DA said who dropped the charges said everybody has a right to defend themselves. I do think it this case there was political pressure to drop the charges because the convicted felon was a celebrity in some circles. Don't know anything about the laws regarding self defense in the UK but it sure sounds stupid.

 

[cmort666]

 

[Kurusu]

Those who do not learn from history...

American Rifleman | Throwback Thursday: Send A Gun to Defend a British Home

Are doomed to Summer school.

 

[jframejoey]

Theyre to busy trying to keep up with other "progressive" liberal cities and getting slapped around hajis to use commin sense.

 

[Lee in Quartzsite]

Now they want your knives as well:

London Mayor Sadiq Khan enacts 'knife control' policies to crack down on stabbing epidemic | TheBlaze

 

[Frank46]

And after WWII was over the British Gov't decided that these U.S. donated firearms which had been sent by the people of the United States of America to aid England in her darkest hour were crated up and dumped in the ocean never to be seen again. It is my hope that England never finds herself in that position again. This time the flood of arms, ammunition and other items sent like that in WWII may just a trickle. Frank

 

[Kiwi cop]

There is a difference in the way a suspect for a crime is processed in the UK and the US (also Australia, Canada and New Zealand).

Where in most jurisdictions an arresting officer requires evidence of the commission of a crime before making an arrest and the suspect has to be arraigned in a court as soon as possible. in the UK the arrest is made after the arresting officer only "suspects" the offence has been committed. After the arrest enquiries continue to establish if there is sufficient evidence for a prosecution to proceed. While this investigation continued the suspect may be released on police bail to return to police custody at a future time stated on the bail bond, or to report to police to ensure they do not abscond.

Elsewhere bail is only granted by the court or by police pending the first court date.

The presumption of innocence still exists until convicted in a court

Incidentally, a few decades ago the UK changed their caution upon arrest. While the suspect still has the right to silence and to refrain from making any statement if they do not mention any legal defence at the time of arrest/questioning they may not necessarily rely on this defence in court.

"You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."