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	<title>Comments on: Debate over Home Protection in Western New York</title>
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	<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/</link>
	<description>The right of the citizens to bear arms in defense of themselves and the State ...</description>
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		<title>By: Bob S.</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56809</link>
		<dc:creator>Bob S.</dc:creator>
		<pubDate>Fri, 05 Feb 2010 15:12:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56809</guid>
		<description>MikeB302000,

That was always MY standard.

Once again, I&#039;m asking how you -- MIKEB302000 - gun owner, former Marine, home owner, father, husband and human being possessed of enough intellect to operate a computer -- determines is someone poses a &quot;lethal threat&quot;.

See you&#039;ve owned firearms in the past - while you don&#039;t want to talk about it - you obviously owned them for a reason. Was that reason to protect yourself or your family?

Where would &lt;b&gt;you&lt;/b&gt; draw the line?
How do &lt;b&gt;you&lt;/b&gt; determine if someone is not just a threat to your family, but the standard &lt;b&gt;you &lt;/b&gt; set of a &lt;i&gt;lethal threat&lt;/i&gt;?

You are very comfortable with asking current gun owners questions, demanding answers and accountability from us but let&#039;s here how you make the decision.

Come Sparky, surely you can spell out in simple terms what constitutes the standard you set, right?</description>
		<content:encoded><![CDATA[<p>MikeB302000,</p>
<p>That was always MY standard.</p>
<p>Once again, I&#8217;m asking how you &#8212; MIKEB302000 &#8211; gun owner, former Marine, home owner, father, husband and human being possessed of enough intellect to operate a computer &#8212; determines is someone poses a &#8220;lethal threat&#8221;.</p>
<p>See you&#8217;ve owned firearms in the past &#8211; while you don&#8217;t want to talk about it &#8211; you obviously owned them for a reason. Was that reason to protect yourself or your family?</p>
<p>Where would <b>you</b> draw the line?<br />
How do <b>you</b> determine if someone is not just a threat to your family, but the standard <b>you </b> set of a <i>lethal threat</i>?</p>
<p>You are very comfortable with asking current gun owners questions, demanding answers and accountability from us but let&#8217;s here how you make the decision.</p>
<p>Come Sparky, surely you can spell out in simple terms what constitutes the standard you set, right?</p>
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		<title>By: Ian Argent</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56804</link>
		<dc:creator>Ian Argent</dc:creator>
		<pubDate>Fri, 05 Feb 2010 14:08:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56804</guid>
		<description>That&#039;s dandy - but you started out by saying&quot;

&quot;I would almost agree. Here’s how I would say it.

“would find it hard to believe juries even in New York will convict people for shooting home invaders WHO ARE POSING A LETHAL THREAT. Shooting at someone fleeing is a different matter.”&quot;

We then came back and said that the judgement call being made is that inside the home == posing a potentially lethal threat. You then called me a macho and nonsensical. (which you backed off of later when I clarified). I still stand by my statement - &quot;Don&#039;t want to get shot, don&#039;t break into my home&quot;.

I am neutral on duty to retreat outside of the home, as long as the standard is based on the actor&#039;s knowledge at the time and has the &quot;in perfect safety&quot;-only clause. A &quot;reasonable person&quot; standard invites too much monday-morning quarterbacking by the prosecutor, the grand jury, and the petit jury. On your own property (not just inside the home)? No legal requirement to retreat. The upright man will do so anyway where possible, and the low man won&#039;t regardless of the law.</description>
		<content:encoded><![CDATA[<p>That&#8217;s dandy &#8211; but you started out by saying&#8221;</p>
<p>&#8220;I would almost agree. Here’s how I would say it.</p>
<p>“would find it hard to believe juries even in New York will convict people for shooting home invaders WHO ARE POSING A LETHAL THREAT. Shooting at someone fleeing is a different matter.”&#8221;</p>
<p>We then came back and said that the judgement call being made is that inside the home == posing a potentially lethal threat. You then called me a macho and nonsensical. (which you backed off of later when I clarified). I still stand by my statement &#8211; &#8220;Don&#8217;t want to get shot, don&#8217;t break into my home&#8221;.</p>
<p>I am neutral on duty to retreat outside of the home, as long as the standard is based on the actor&#8217;s knowledge at the time and has the &#8220;in perfect safety&#8221;-only clause. A &#8220;reasonable person&#8221; standard invites too much monday-morning quarterbacking by the prosecutor, the grand jury, and the petit jury. On your own property (not just inside the home)? No legal requirement to retreat. The upright man will do so anyway where possible, and the low man won&#8217;t regardless of the law.</p>
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		<title>By: mikeb302000</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56801</link>
		<dc:creator>mikeb302000</dc:creator>
		<pubDate>Fri, 05 Feb 2010 11:04:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56801</guid>
		<description>Here&#039;s the answer Bob.  You make a judgment call.</description>
		<content:encoded><![CDATA[<p>Here&#8217;s the answer Bob.  You make a judgment call.</p>
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		<title>By: Bob S.</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56752</link>
		<dc:creator>Bob S.</dc:creator>
		<pubDate>Thu, 04 Feb 2010 11:17:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56752</guid>
		<description>MikeB302000,

You stated that people shouldn&#039;t be convicted if the criminal was posing a &quot;lethal threat&quot;. 

I&#039;ve asked and you&#039;ve still not answered how YOU as an individual home owner determines who is posing a lethal threat.

You&#039;ve said it would be difficult, you&#039;ve said it would not be clear or easy....yet you seem to think that home owners who shoot someone not posing a lethal threat should be prosecuted and convicted.

Since that is your standard --lethal threat -- again -- how does a home owner determine what is a lethal threat?

See you are showing your bigotry again -- 
&lt;i&gt;I went on to say you have to drop the preconceived attitudes about burglars deserving death.&lt;/i&gt;

Can you show me where I&#039;ve said or anyone else here has said that burglars &lt;b&gt;deserve&lt;/b&gt; death?
That is your preconceived prejudice getting in the way of reasonable discussion.

You did lump us all altogether when you apologized to Ian, remember?
&lt;i&gt;I apologize for lumping you in with that bunch of tough talking pro-gun commenters. &lt;/i&gt;

Now you turn to the victim, poor picked on MikeB302000. You simply come by trolling, implying that we are all bloodthirsty, vigilante minded, gun owners wanting to gun down innocent burglars (contradiction of terms), then get yourself in a snit fit when you are called on your statements.

You infamous completely made up 10% is a joke and you know it. Since you illegally and legally owned firearms, do you think that you are part of that 10%?

I&#039;m offended by your 10% bullcrap because you are talking about me, my friends, my family, my fellow gun owners without a shred of evidence or proof.to back up your ridiculous claims.
You are simply trolling for hits on your blog --- you link to the 10% garbage so that people will drop by and see what you mean.

Once again you show your true colors by not contributing to the discussion in a meaningful way -- how do you determine lethal threat (stop saying it will be difficult and list some ways to do it) and trying to pimp out your blog.</description>
		<content:encoded><![CDATA[<p>MikeB302000,</p>
<p>You stated that people shouldn&#8217;t be convicted if the criminal was posing a &#8220;lethal threat&#8221;. </p>
<p>I&#8217;ve asked and you&#8217;ve still not answered how YOU as an individual home owner determines who is posing a lethal threat.</p>
<p>You&#8217;ve said it would be difficult, you&#8217;ve said it would not be clear or easy&#8230;.yet you seem to think that home owners who shoot someone not posing a lethal threat should be prosecuted and convicted.</p>
<p>Since that is your standard &#8211;lethal threat &#8212; again &#8212; how does a home owner determine what is a lethal threat?</p>
<p>See you are showing your bigotry again &#8212;<br />
<i>I went on to say you have to drop the preconceived attitudes about burglars deserving death.</i></p>
<p>Can you show me where I&#8217;ve said or anyone else here has said that burglars <b>deserve</b> death?<br />
That is your preconceived prejudice getting in the way of reasonable discussion.</p>
<p>You did lump us all altogether when you apologized to Ian, remember?<br />
<i>I apologize for lumping you in with that bunch of tough talking pro-gun commenters. </i></p>
<p>Now you turn to the victim, poor picked on MikeB302000. You simply come by trolling, implying that we are all bloodthirsty, vigilante minded, gun owners wanting to gun down innocent burglars (contradiction of terms), then get yourself in a snit fit when you are called on your statements.</p>
<p>You infamous completely made up 10% is a joke and you know it. Since you illegally and legally owned firearms, do you think that you are part of that 10%?</p>
<p>I&#8217;m offended by your 10% bullcrap because you are talking about me, my friends, my family, my fellow gun owners without a shred of evidence or proof.to back up your ridiculous claims.<br />
You are simply trolling for hits on your blog &#8212; you link to the 10% garbage so that people will drop by and see what you mean.</p>
<p>Once again you show your true colors by not contributing to the discussion in a meaningful way &#8212; how do you determine lethal threat (stop saying it will be difficult and list some ways to do it) and trying to pimp out your blog.</p>
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		<title>By: mikeb302000</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56750</link>
		<dc:creator>mikeb302000</dc:creator>
		<pubDate>Thu, 04 Feb 2010 07:48:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56750</guid>
		<description>Bob, You&#039;re right there&#039;s no easy or clear way to determine lethal threat.  At least I think that&#039;s your point in hammering me about it.  I admitted as much when I said &lt;i&gt;&quot;in many cases [it] will be difficult.&quot;&lt;/i&gt;  I went on to say you have to drop the preconceived attitudes about burglars deserving death. No where did I indicate that I &lt;i&gt;&quot;automatically assume the rest of&quot;&lt;/i&gt; you &lt;i&gt;&quot;won’t take every step possible to avoid killing someone.&quot;&lt;/i&gt;

Why do you so often exaggerate what I say and attack me for it? I covered all this pretty well in &lt;a href=&quot;http://mikeb302000.blogspot.com/2009/06/famous-10.html&quot; rel=&quot;nofollow&quot;&gt;The Famous 10%&lt;/a&gt;. If you feel you are among the 90%, why are you so defensive?</description>
		<content:encoded><![CDATA[<p>Bob, You&#8217;re right there&#8217;s no easy or clear way to determine lethal threat.  At least I think that&#8217;s your point in hammering me about it.  I admitted as much when I said <i>&#8220;in many cases [it] will be difficult.&#8221;</i>  I went on to say you have to drop the preconceived attitudes about burglars deserving death. No where did I indicate that I <i>&#8220;automatically assume the rest of&#8221;</i> you <i>&#8220;won’t take every step possible to avoid killing someone.&#8221;</i></p>
<p>Why do you so often exaggerate what I say and attack me for it? I covered all this pretty well in <a href="http://mikeb302000.blogspot.com/2009/06/famous-10.html" rel="nofollow">The Famous 10%</a>. If you feel you are among the 90%, why are you so defensive?</p>
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		<title>By: Ian Argent</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56692</link>
		<dc:creator>Ian Argent</dc:creator>
		<pubDate>Wed, 03 Feb 2010 17:51:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56692</guid>
		<description>BTW - it looks like NY is &quot;duty to retreat&quot; outside the home; and at least one court in NY has held that being in a doorway to an apartment invokes the duty to retreat... (first hit on &quot;New York state Duty to Retreat&quot; is an article by Clayton Cramer written about the time of the passage of FL&#039;s &quot;stand your ground&quot; law; which, entirely unsurprisingly, has not led to increased illegitimate/immoral shootings).

These &quot;duty to retreat&quot; laws, however, include a &quot;in perfect safety&quot; clause - you are not bound to retreat if it puts you in harm&#039;s way...

I&#039;m going to go a bit confucian here and opine that the upright man does not require a law to behave properly with a firearm and the criminal will not behave properly regardless of the law - so the law is superfluous.

It is already (and justifiably so) to threaten to harm, inflict harm, attempt to inflict harm, etc, with pen or pen-knife, cross-cut saw or crossbow, fire or firearm, slingshot or shotgun; without good cause. Making the use of a firearm more illegal isn&#039;t going to change things.

The underlying assumption of the majority of firearms laws is that every person owning or possessing a firearm is criminal who hasn&#039;t yet committed a crime, but could at any moment, and therefore must be tightly constrained. That&#039;s a blatant violation of the principles of American justice.</description>
		<content:encoded><![CDATA[<p>BTW &#8211; it looks like NY is &#8220;duty to retreat&#8221; outside the home; and at least one court in NY has held that being in a doorway to an apartment invokes the duty to retreat&#8230; (first hit on &#8220;New York state Duty to Retreat&#8221; is an article by Clayton Cramer written about the time of the passage of FL&#8217;s &#8220;stand your ground&#8221; law; which, entirely unsurprisingly, has not led to increased illegitimate/immoral shootings).</p>
<p>These &#8220;duty to retreat&#8221; laws, however, include a &#8220;in perfect safety&#8221; clause &#8211; you are not bound to retreat if it puts you in harm&#8217;s way&#8230;</p>
<p>I&#8217;m going to go a bit confucian here and opine that the upright man does not require a law to behave properly with a firearm and the criminal will not behave properly regardless of the law &#8211; so the law is superfluous.</p>
<p>It is already (and justifiably so) to threaten to harm, inflict harm, attempt to inflict harm, etc, with pen or pen-knife, cross-cut saw or crossbow, fire or firearm, slingshot or shotgun; without good cause. Making the use of a firearm more illegal isn&#8217;t going to change things.</p>
<p>The underlying assumption of the majority of firearms laws is that every person owning or possessing a firearm is criminal who hasn&#8217;t yet committed a crime, but could at any moment, and therefore must be tightly constrained. That&#8217;s a blatant violation of the principles of American justice.</p>
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		<title>By: Bob S.</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56690</link>
		<dc:creator>Bob S.</dc:creator>
		<pubDate>Wed, 03 Feb 2010 17:10:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56690</guid>
		<description>MikeB302000,

By the way, the fact that you automatically assume the rest of us won&#039;t take every step possible to avoid killing someone says more about you then it does us.

It once again exposes your bigotry.</description>
		<content:encoded><![CDATA[<p>MikeB302000,</p>
<p>By the way, the fact that you automatically assume the rest of us won&#8217;t take every step possible to avoid killing someone says more about you then it does us.</p>
<p>It once again exposes your bigotry.</p>
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		<title>By: Ian Argent</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56677</link>
		<dc:creator>Ian Argent</dc:creator>
		<pubDate>Wed, 03 Feb 2010 14:08:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56677</guid>
		<description>Except that if I&#039;m looking at you over the gunsight in my home, I don&#039;t care what level of force you appear to be capable of... You get the one warning and then all bets are off. It is neither safe nor legal for me to fire a warning shot, either.

And remember, I am the guy who is defending the Buffalo man for shooting up a reversing car! On the gunblogs I may be a moderate as far as things go, but I was just defending the guy&#039;s actions in shooting a car reversing away. A car is a deadly weapon, and at the close quarters claimed in the article reversing away is not a guarantee of retreat. Nor am I shocked by the expenditure of 15 rounds. Cars take a lot of stopping by small arms. Let him be judged by 12 to a standard that is fair.

Incidentally, one of the LEOs in that article is quoted as saying there is a duty to retreat; where upthread a commentor posted otherwise... Wonder who is right? (I would give 60/40 on the commentor w/o resorting to google)</description>
		<content:encoded><![CDATA[<p>Except that if I&#8217;m looking at you over the gunsight in my home, I don&#8217;t care what level of force you appear to be capable of&#8230; You get the one warning and then all bets are off. It is neither safe nor legal for me to fire a warning shot, either.</p>
<p>And remember, I am the guy who is defending the Buffalo man for shooting up a reversing car! On the gunblogs I may be a moderate as far as things go, but I was just defending the guy&#8217;s actions in shooting a car reversing away. A car is a deadly weapon, and at the close quarters claimed in the article reversing away is not a guarantee of retreat. Nor am I shocked by the expenditure of 15 rounds. Cars take a lot of stopping by small arms. Let him be judged by 12 to a standard that is fair.</p>
<p>Incidentally, one of the LEOs in that article is quoted as saying there is a duty to retreat; where upthread a commentor posted otherwise&#8230; Wonder who is right? (I would give 60/40 on the commentor w/o resorting to google)</p>
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		<title>By: 3 Boxes of BS &#187; Blog Archive &#187; Determining &#8220;Lethal Threat&#8221;?</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56676</link>
		<dc:creator>3 Boxes of BS &#187; Blog Archive &#187; Determining &#8220;Lethal Threat&#8221;?</dc:creator>
		<pubDate>Wed, 03 Feb 2010 13:41:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56676</guid>
		<description>[...] at Snowflakes in Hell (Great site, I&#8217;m sure all 3 of my readers have it bookmarked), Sebastian made this comment: I would find it hard to believe juries even in New York will convict people for shooting home [...]</description>
		<content:encoded><![CDATA[<p>[...] at Snowflakes in Hell (Great site, I&#8217;m sure all 3 of my readers have it bookmarked), Sebastian made this comment: I would find it hard to believe juries even in New York will convict people for shooting home [...]</p>
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		<title>By: Bob S.</title>
		<link>http://www.pagunblog.com/2010/02/01/debate-over-home-protection-in-western-new-york/#comment-56675</link>
		<dc:creator>Bob S.</dc:creator>
		<pubDate>Wed, 03 Feb 2010 13:30:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.snowflakesinhell.com/?p=16260#comment-56675</guid>
		<description>MikeB302000,

What&#039;s up?

You complete ignore a point that I made, a question that I&#039;m trying to resolve -- how do you determine &quot;lethal threat&quot;?

Come on Sparky, let us have the benefit of your Marine Training, your years of gun ownership, your years of blogging about firearms.

You&#039;ve posted enough stories about home invasions, robberies and other firearm related crime that you should be able to articulate a reasonable method of determining &quot;lethal threat&quot;.</description>
		<content:encoded><![CDATA[<p>MikeB302000,</p>
<p>What&#8217;s up?</p>
<p>You complete ignore a point that I made, a question that I&#8217;m trying to resolve &#8212; how do you determine &#8220;lethal threat&#8221;?</p>
<p>Come on Sparky, let us have the benefit of your Marine Training, your years of gun ownership, your years of blogging about firearms.</p>
<p>You&#8217;ve posted enough stories about home invasions, robberies and other firearm related crime that you should be able to articulate a reasonable method of determining &#8220;lethal threat&#8221;.</p>
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