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Thread: Provocation & Self-defense, analysis of Texana by E. Volokh

  1. #1
    Regular Member
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    Feb 2013
    Thru Death's Door in Wisconsin

    Provocation & Self-defense, analysis of Texana by E. Volokh

    The Volokh Conspiracy: Coming armed to seek Ďan explanation from or discussion with the other person concerning the actorís differences with the other personí
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  2. #2
    Campaign Veteran skidmark's Avatar
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    Jan 2007
    North Chesterfield VA
    For those of us with a legal option to carry other than only with a state permission slip this line of reasoning and conclusion seems odd at the very least.

    But when the state gives you only one option for arming yourself, the conclusion is almost forgone before the discussion starts.

    What I would like to see is this case (as there seems to be something more than a mere mental exercise like those hypotheticals they set up at law schools) is a decision that indicates that the state may, at its peril, restrict one to a single mode of carry but may not use the violation of that as the basis for denying the right of self defense. (See, for example, the long case law history on the rights of felons to possess and use firearms in self defense notwithstanding any prohibition against felons possessing firearms.)

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