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IL: Should Victim who Disarms Robber get to Keep the Weapon?
Gun Watch ^ | 11 December, 2014 | Dean Weingarten

Posted on 12/13/2014 12:35:19 AM PST by marktwain

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To: Yo-Yo

I have that gun.

It has a pink grip and is really cute.


21 posted on 12/13/2014 5:32:48 AM PST by Cowgirl of Justice
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To: marktwain

Because so many guns used in crime are either defective, or “tainted”, by being associated with other crimes, in most cases it would be more appropriate to provide the citizen with a new, replacement gun. Assuming of course, that they and their family are legally allowed to be armed, and that they want it.

This being said, I am all for charity that would purchase and provide both guns and ammunition to some of the people who live in high crime areas.

1) Solely because of cost, inexpensive .22 pistols, about $125 each, and a small box of ammo, say $10.
2) Each gun would be engraved, about $15 a gun, that the gun is the property of the charity, is not for resale, nor can it be legally transferred to another person or outside of the state without permission of the charity.
3) Each gun would be ballistic tested, and those rounds preserved by the charity in case they were needed for a criminal investigation.
4) Distribution of the guns would only be to households where no one living there was legally forbidden to own a gun, and who wanted a gun. Perhaps one in four would fit those limits.
5) For just $10000, the charity could purchase 65 guns and ammo, and have them engraved. This would cover an area in the high crime neighborhood of about 260 homes, with random distribution. At half the cost of one full time rookie police officer for just one year.


22 posted on 12/13/2014 5:48:43 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: marktwain

Works under Klingon law. I believe you also get to keep his wife.


23 posted on 12/13/2014 6:11:12 AM PST by jimfree (In November 2016 my 14 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: rdcbn
“Many street guns have been used in violent crimes including murder and have a legacy ballistic evidence trail that could get any owner in a lot of trouble.”

The idea that individual guns can be matched to crimes with ballistics, is mostly mythology from the media.

If you have a gun that you *think* matches a bullet from a crime, the ballistics can give a good idea that it was the gun used.

But ballistics are not gun fingerprints. A gun does not leave a history to be traced to individual crimes. If you have good sample of bullets and brass, you can often match a model. Far more often, no match is possible.

In the whole history of the New York ballistic data base system, where they kept a data base of cases from the guns sold in New York, my understanding is that they did not solve a single case using it.

Modern firearms are even less susceptible to ballistic matches.

Even with several known examples of Glock pistols in a police shooting, it was impossible to determine which one fired a fatal bullet in a case that I recall.

24 posted on 12/13/2014 6:12:41 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: a fool in paradise

“I would think that the crime with the gun is a felony. How can a felon make a claim for a gun?”

The criminal attacker asked for the gun back from the victim that had disarmed him, while they were fighting!


25 posted on 12/13/2014 6:15:10 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

I wouldn’t want to keep a criminal’s gun. No telling what other crimes it is linked to and it may be listed as a stolen weapon. I’d dump it it deep water or a trash bin ASAP.


26 posted on 12/13/2014 7:01:18 AM PST by dangerdoc ((this space for rent))
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To: Fido969

It is not physical taking, merely by itself; that would be theft or robbery. In this case, the act of taking is also associated with the act of defending oneself against a potentially deadly attack, i.e. stealing the gun from a would-be murderer, while in the middle of the act of attempted murder, of the person in question who is taking the gun. Your answer misses a very important part of the question.

I have never considered the question before, but my answer is yes, one should be allowed to keep the gun.

A separate question is whether the police should have any right to attempt to connect that gun to past crimes (as by taking ballistic evidence in the form of test-fires) or anything else.

Yet another question is what should the citizen’s rights be, if the gun is prohibited, as by having a defaced serial number. If that is the case, should the citizen have a right to win a suit against the criminal for the value of a comparable, legal gun plus lawsuit costs, if he wasn’t allowed to keep the actual one as a result of its illegality? (Yes.)


27 posted on 12/13/2014 7:04:56 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Secret Agent Man

Agreed.


28 posted on 12/13/2014 7:05:35 AM PST by Ghost of SVR4 (So many are so hopelessly dependent on the government that they will fight to protect it.)
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To: Secret Agent Man

“if they themselves are not a violent criminal, yes.”

IMO, if they manage to take the weapon and kill the attacker, they should get to keep the weapon, and put the attacker’s head on a pike in their front yard as a warning to others.


29 posted on 12/13/2014 8:10:25 AM PST by Old Student (Do NOT make me get out the torches and pitchforks...)
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To: Sawdring

That goes for any weapon. Everyone makes lemons from time to time.


30 posted on 12/13/2014 11:44:45 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: 1010RD

i mean if the victim isn’t a violent criminal, he or she can keep the attacker’s gun.


31 posted on 12/13/2014 5:19:04 PM PST by Secret Agent Man (e- Gone Galt; Not averse to Going Bronson.)
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To: Old Student

no, not if thgey too are a violent criminal. this is why criminals can’t claim self-defense if they are involved in criminal activity and somehow try to claim self-defense. doesn’t work if you’re a thug.


32 posted on 12/13/2014 5:21:56 PM PST by Secret Agent Man (e- Gone Galt; Not averse to Going Bronson.)
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To: 1010RD

and if you sit for five minutes and think about all the potential problems this will cause amateurs, given all the problems professional insured and licensed bounty hunters go through?

there is already crimestoppers that victims and others can leave tips on and get rewards.


33 posted on 12/13/2014 5:24:32 PM PST by Secret Agent Man (e- Gone Galt; Not averse to Going Bronson.)
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To: Fido969

“Physical taking, merely by itself, is no basis for ownership.”

Are you able to read?


34 posted on 12/13/2014 5:24:39 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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