Peter: thereth - I mentioned this a while back, but there were implications as to tax, etc. unless a legal entity was created for the forum on its own. I'll try to remember to speak with someone I know who works in this field...
Nov 10, 2019 13:36:13 GMT 10
Chloe: My university is closed tomorrow due to catastrophic fire risks, also exams all canceled for me because of it. Got a catastrophic warning for tomorrow and requiring me to pack a bag and leave the house. Couldn’t imagine the panic on a large scale.
Nov 11, 2019 13:16:59 GMT 10
SA Hunter: Yeah, pretty grim where the fires are - our thoughts & prayers are with all involved.
Nov 11, 2019 16:37:57 GMT 10
spinifex: We now have a bad fire just west of Lincoln. Have already trucked our horses out 50km to get them well out of the way and our fire preps have been finalised. 60km Wind is expected to push it north towards our area later this evening.
Nov 11, 2019 17:43:48 GMT 10
spinifex: The aircraft are doing a tremendous job under very tricky flying conditions.
Nov 11, 2019 17:44:41 GMT 10
Chloe: All the burnt leaves and the strong yellow colouring of the outdoors has been strange, a very eerie feeling. Sending my thoughts out to everyone effected. I couldn’t have windows open due to the smoke around today, was bad enough
Nov 12, 2019 23:05:58 GMT 10
spinifex: We have another Catastrophic fire day looming on wednesday. 43 degrees and high winds. And it isn't even summer yet.
Nov 18, 2019 17:35:52 GMT 10
SA Hunter: Hi all - still away, expecting 43c & windy too. Looks ominous!
Nov 18, 2019 19:05:02 GMT 10
SA Hunter: Hit 45c at home, 80kph winds. And of course, to keep electricity supplied to the big city Adelaide, our power was turned off till catastrophic conditions ease!!
Nov 20, 2019 15:49:19 GMT 10
spinifex: Interesting that the Adelaide Hills, also with catastrophic conditions, and many more large trees in close proximity to power lines, has had the power ON all day. I think calling our regions power cut a 'safety measure' is BS.
Nov 20, 2019 18:11:32 GMT 10
spinifex: Had the genset running all day keeping power up to computers, phones, fans and fridges. Spent the late afternoon at the beach ... which was very refreshing.
Nov 20, 2019 18:14:13 GMT 10
SA Hunter: Got my genset ready to go - but, can't find the key-turned the house upside down-nothing-grrrr.
Nov 26, 2019 15:40:35 GMT 10
blueshoes: G'day everyone, how are we all going? In Gippsland, it's "Summer" - 2nd December, 8 degrees and pouring rain...
Dec 2, 2019 16:19:56 GMT 10
blueshoes: SAH did you find your keys?
Dec 2, 2019 16:20:08 GMT 10
SA Hunter: Hi blueshoes - no luck!!
Dec 2, 2019 21:02:25 GMT 10
If you lived through Hurricane Katrina, you probably know what martial law is like. Curfews. Tight security. Gun confiscation. Martial law plays out differently in different places, but it usually involves some common denominators: civil restrictions, police surveillance, economic instability. Just to name a few.
I know, because I’m living in it right now. ...................................
Don't like the idea that my firearms might be confiscated. I reserve the right to defend myself.
Difficult to reserve legal rights you do not have. In most states of Australia, it is an illegal act to defend yourself or your family with a firearm.
We all have to make our own decisions and the law will always be separate to morality.
Important to keep in mind however, many more freedoms may be lost if one makes a stand on one...
This is broadly correct. And I would add that the law, contrary to popular belief is not 'black and white'. It's a spectrum of gray and forever open to interpretation. The rule of thumb in legal circles is the more money and influence you have; the grayer it gets!
My father (aged 58 at the time) discharged a firearm during a fracas in a small country town in 2003 confronting two men in their late 20's - one armed with knife the other with an axe. With great contrition he explained his actions to the police (who had history with the two men Dad was shooting 'near' and were quite sympathetic to his cause) and then a judge. He never once came across as though he thought he had 'a right to defend himself.' He ended up with about 40 or 60 hours of community service ... max penalty for that type of offense is something like 10 years in the clink. The judge even said he could apply to regain possession of the confiscated rifle! The two men ended up doing some gaol time for assault and drugs charges.
Also: a wise man once said: I'd rather explain it to a judge than Saint Peter. If you really fear for life and limb of self and family ... go Nike.
While I tend to avoid discussions regarding the legality of certain actions because well its a can of worms and I am not a lawyer here is some food for thought this is not legal advice by any means but food for thought
should you ever use your legally owned firearms to defend your life and limb in the home environment all of your actions will be heavily scrutinized before ,during and after the event
There are several key things that will heavily influence the legal preceding's that shall follow just such an incident these tiny things mean the difference between being a free man and having a government funded holiday for 10 years
the very 1st key thing is What was your intent ? did you intend to kill your assailant or stop the immediate perceived threat of bodily harm to yourself or other person(s)?
Second key to factor in what were your actions shortly before , immediately before,immediately after and shortly after you wounded perhaps fatally wounded your assailant?
the time line of events is where the critical decisions are made by the 1st on scene and the following investigation in to the event
The final factor to take into consideration is there anything that is controversial about the situation that could shed doubt on your story of perceived events and the credibility of your intent
a good example of this was given to me by a LEO from the US his advice was to find out what your local law enforcement used for ammunition in their duty guns and keep a box of it if you can legally for your home defence ammunition Why do this you ask? because no prosecution can then try to claim you used inhuman ammunition to deliberately inflict excessive harm , suffering or death on your assailant without drawing into question why then do the police use the same ammunition if its inhumane or cruel
So to give a brief summery on all this the legal system stands by one fundamental rule when applying the law to these types of situations
What would a reasonable person of done in your situation? were your actions reasonable and proportionate to the perceived threat at the time of the incident ?
I don't like to give examples but I feel this needs one so everyone can see how the same event can be seen totally different
a group of unknown persons of an unknown number try to force their way into a rural home the home owner can see they are armed with weapons and at least one has a firearm
he tells his wife to grab the kids and call 000 while he grabs his addler shotgun from the safe
the wife calls 000 with the kids tightly hugging her crying and frightened by all the commotion
While on the phone the wife and operator hear the husband yelling at them telling them he is armed then front door get smashed in and there is a lot of yelling , screaming and smashing noises they can hear the husband screaming at them to get out of the house then 3 shots from the shotgun the 000 operator tells the wife the police are not far away and asks is she in a secure room then the husband yells for an ambulance as he has shot 2 of them
When the police arrive minutes later they find the husband in shock but still franticly trying to save the life of one of the guys he had just shot there is no sign of the rest of the group as they lead the husband away he keeps repeating I just wanted them to leave and not harm my family I didn't want anyone to die
a farmer is woken by the sounds of banging on his shed so he grabs his shotgun and goes for a look he finds group of unknown persons exiting his shed so he lets them have a gut full of buckshot then goes and calls 000 for an ambulance then calls his lawyer
so guys who do you think is going to walk and going for a holiday
perception of events , viable witness statements and your intent are the key lets not forget 000 is recorded
this is in no way legal advice but more an opinion piece on how perceived events can influence the opinions of important people that have to make decisions on wether your actions were the actions of a reasonable person under duress and proportionate to the perceived level of threat at the time
Or were you spoiling for a fight and that's why you went outside with 3 mags loaded with critical defence ammo and confronted a group of people
Update: that farmer has had his licence returned and is free to collect his guns from the dealer who is storing them.
Whilst frustrating at times ... the system, on this occasion, worked. (I wonder if he got investigated for failing to properly secure his rifle? - How else would he get to it that quick if it's in a safe?)
I can also see how the system, by default, may encourage someone confronting a crim like this to 'colour outside the lines' in order to avoid the inconvenience of dealing with 'the system' in the first place.