killing someone is always illegal. Isn’t it? I mean, you can argue that you shouldn’t be punished for it… or at least shouldn’t have the book thrown at you, but you’re basically saying, “I did this illegal thing, but you shouldn’t punish me because [self defense or whatever else].”
I'm saying many of the rules and laws (they're not the same thing, and cops don't enforce rules, typically) are not based on logic or reason.
No. It's not.
www.shouselaw.com
Not quite sure how we moved into whether cops use logic or reason, or who might or might not agree with an opinion on that... Maybe a return to the original discussion about these "vampire straws" is in order?
The original post was about tricking cops, and Dirty Dog took it to a weird place. You may want to talk to him about it.
Fair enough. I think that's what bill mattocks was getting at with regards to stabbing someone with a knitting needle. What I was trying to get at is that most of these determinations are after something happens. "Why did you do that?" vs "What are you about to do that?" i.e., retrospective determinations vs prospective determinations. So, in the case of the TSA, they will let someone on with a knitting needle, but not someone on with a pointy straw, even though they are both about the same amount pointy. But pointy needles are okay, as are sharp scissors (4" or less).
IF you read that page that you googled, it pretty much says the same thing I said. Homicide is illegal, but there are legal defenses to the charge.No. It's not.
Excusable and justifiable homicides are not crimes.
Excusable and Justifiable Homicide – The Law in California
https://youtu.be/D-kb8JC7JzA Penal Code sections 195, 196, and 197 PC set forth California state laws on excusable and justifiable homicide. “Homicide” is the act of killing another human being and typically leads to criminal charges. These laws, however, hold that homicide is not a crime in...
I hear what you’re saying, but I’d never heard of these murder straws before, so to me, it really does look like little more than a pointy straw.
Lawyer here, can confirm this.
"Designed for self defense, the Vampire straw is super tough and long enough to be used like a dagger; it’s chiseled tip is sharp enough to puncture most synthetic materials.
Yeah, some creative marketing there for sure. Not trying to be pedantic. I just think absent evidence to the contrary, this is just someone making a buck and not a real threat. So, the question is, what makes this inherently a weapon? Is it being used as a weapon to harm others? Is it marketing? Because I could market anything as a weapon.
I'm uncertain of the semantics here. Is something being technically illegal the same as a crime, or is a crime an illegal action (meaning there is no defense that renders the action not-illegal)?
I've never heard of anyone being murdered with a tactical pen (probably has happend, but I'm not aware of it), but I feel certain that the pen's "tacticalness" would change how it's viewed. Same with a metal straw sharp enough to be an obvious weapon - it'd be much harder to claim there's a reasonable purpose for it on your person in most circumstances.
I dunno. Too vague. I missed their point.
This seems like we'd get right into having to define what we mean by "weapon". Of course, anything used as a weapon is inherently a weapon in that context, but I don't think you're talking about having just any weapon potential (which would include so nearly everything as to be useless). So that leaves two broad categories we could carve out: things intended as weapons (whether they are good for it or not - like vampire straws and longswords) and things that are obviously effective as weapons (whether intended as such or not - like baseball bats and guns).
Thinking the same thing. I’m no lawyer so…
For dealing with military grade capri suns and juice boxes.
