New Felon with Firearm Laws

[Axxe55]

It is important a conviction is 100 percent accurate. I’m ok letting someone walk vs a da getting a conviction for PR. Bringing back public hangings would do a few things:

•Prevent crime. Most people wouldn’t want to go out this way in front of the community and family.

•Save taxpayers. If convicted you take em to hang that day or next day, no longer. We wouldn’t have a warehouse of people and those in prison for lesser crimes can be rehabilitated. It’s like schools. Part of the reason education is considered better with previous generations is the classroom was smaller. No ones going to be rehabilitated, even if taxpayers ask for it, when it’s overcrowded and our laws allow it to be a revolving door.

I agree for the most part with your opinions, but I would deviate just a little.

Anyone being tried and convicted of a capital offense that carries the death penalty, should IMO have the sentence carried out within a time period of one year after the sentence was handed down.

With the technology we have today, It is very unlikely the wrong person is going to be convicted of a capital offense. IMO, one year is long enough for the defense to file appeals if there were any misdeeds in the trial or by the judge or the prosecutor. Those appeals should be heard and ruled on immediately without any delays.

 

[Sam7sf]

I agree for the most part with your opinions, but I would deviate just a little.

Anyone being tried and convicted of a capital offense that carries the death penalty, should IMO have the sentence carried out within a time period of one year after the sentence was handed down.

With the technology we have today, It is very unlikely the wrong person is going to be convicted of a capital offense. IMO, one year is long enough for the defense to file appeals if there were any misdeeds in the trial or by the judge or the prosecutor. Those appeals should be heard and ruled on immediately without any delays.

In the words of rick Harrison: best I can do is three days.

 

[toddnjoyce]

…Too many gang bangers and drug runners with felony convictions running around carrying guns…

Your problem isn’t with the PC, it’s with the legal system in general. You should let your position be known to the elected DA and judges in your area.

The Penal Code alone does not keep dishonest people from being dishonest. Take for example the owners of Ancira Nissan who have self-declared the kiddy play area inside one their dealership as a prohibited place under the revised TPC 46.03.

Now if that sign were valid a common citizen could be subject to enhanced sentencing for violating it. But, the dealership faces zero civil or criminal liability for posting that sign. Yeah, I don’t care that it’s not valid. I care because the business is trying to coerce the public under threat of law.

 

[Jeanne]

One lawsuit I have not seen yet is against a business posting a sign that attracted a criminal who injured a third party. In other words, if your Nissan dealership has a sign posted prohibiting you from carrying a weapon, and a criminal commits and armed robbery against customers, would you have a cause of action and standing because you were prohibited from carrying a weapon? I am not aware of such a situation or a claim, but it could be interesting.

 

[toddnjoyce]

One lawsuit I have not seen yet is against a business posting a sign that attracted a criminal who injured a third party.

Since you went there, the only way it could he proven is through premeditation.

 

[Axxe55]

One lawsuit I have not seen yet is against a business posting a sign that attracted a criminal who injured a third party. In other words, if your Nissan dealership has a sign posted prohibiting you from carrying a weapon, and a criminal commits and armed robbery against customers, would you have a cause of action and standing because you were prohibited from carrying a weapon? I am not aware of such a situation or a claim, but it could be interesting.

Since you went there, the only way it could he proven is through premeditation.

If I'm not mistaken, such a lawsuit would be a civil lawsuit and not a criminal one.

 

[Jeanne]

If I'm not mistaken, such a lawsuit would be a civil lawsuit and not a criminal one.

Yes, lawsuits are civil remedies

 

[Sam7sf]

One lawsuit I have not seen yet is against a business posting a sign that attracted a criminal who injured a third party. In other words, if your Nissan dealership has a sign posted prohibiting you from carrying a weapon, and a criminal commits and armed robbery against customers, would you have a cause of action and standing because you were prohibited from carrying a weapon? I am not aware of such a situation or a claim, but it could be interesting.

I like it. Comes down to if the judge or jury is lib or not. I do like this post and it’s something more people need to think about. If society gets anymore shitty than it already is (at that point if a second civil war doesn’t already happen. Don’t know how much worse it can get with covid and gun control) I believe every normal family should be armed in public.

A consumer is a victim to asshole business owners. People go shopping because they need goods to live and work. Yet these mf’s get off on that level of control. If I put a sign up that legally disarmed my customers and some guy stabbed em that ethically is on me. It’s like taking an indoor cat, removing its claws, throwing it outside over night on a farm, and acting shocked when it gets killed or hurt. This is the society we live in.

 

[Jeanne]

Since you went there, the only way it could he proven is through premeditation.

When you go to court, it's a crap shoot. It doesn't matter how strong or weak your evidence is, it matters whether you can convince the jury that you have preponderance (more evidence to support your claim than the other side). I would personally take the negligence angle. Placing the sign there was negligent in that it inadvertently created an unsafe condition.

We lived in an apartment many years ago with a private security patrol (hired by the management). We had a break-in that set off the alarm. The private security company responded and found the door locked so they left. When we got home, the door was unlocked and several items had been taken--meaning that the burglars were in the apartment at the time and would have been discovered if the security firm had entered and verified the security of the apartment. We sued the property management company and security company for negligence pointing out that the alarm could just as easily have been a panic button--ala there could have been an active sexual assault.

We settled the lawsuit for a significant amount because neither of the respondents wanted to go to court and risk a jury trial.

So, back to the signage, negligence would be the approach I would take. You would be dealing with the dealership's insurance company and, based on experience, they would likely settle for actual damages, attorney's fees and maybe a little extra to get you to go away.

 

[toddnjoyce]

…We settled the lawsuit for a significant amount because neither of the respondents wanted to go to court and risk a jury trial….

I’m not a fan of civil tort bets, glad it worked out for you.