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Thread: Things not to do to people carry guns

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    Things not to do to people carry guns


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    This is a civil matter ; the guy who attacked is not going to have a house soon.

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    Regular Member MilProGuy's Avatar
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    Mr. (EDIT) Foster is going to learn a good lesson in minding his own business, it seems.
    Last edited by MilProGuy; 01-25-2015 at 10:28 PM. Reason: corrected error
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    Campaign Veteran deepdiver's Avatar
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    Since Florida is an open-carry state, Daniels had done nothing wrong
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Regular Member Contrarian's Avatar
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    Florida assault

    "... and saw him put his legally registered firearm into his waist holster ..."

    What? Registered firearm? not in Florida it's not.
    Mr. Crockett did not do his homework.

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    Regular Member 1245A Defender's Avatar
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    Well,,,

    Nice,,, another blind link!

    Well Mike, this is your forum, so I guess it makes sense that you would come to the party late
    to tell us all a story that already has about four threads!

    Quote Originally Posted by MilProGuy View Post
    Mr. Daniels is going to learn a good lesson in minding his own business, it seems.
    Sooo, welcome back after your 33 month vacation,, but,

    Daniels needs to learn a lesson about doing a better job of watching his six!
    It is Foster that is going to learn a good lesson about minding his own business!!! Dont attack LAC's...
    Last edited by 1245A Defender; 01-23-2015 at 04:13 AM.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by davidmcbeth
    This is a civil matter; the guy who attacked is not going to have a house soon.
    Actually, it's criminal. The attacker has been arrested for the assault; not sure if he's been charged yet.

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    Quote Originally Posted by MKEgal View Post
    Actually, it's criminal. The attacker has been arrested for the assault; not sure if he's been charged yet.
    We'll see if they drop the charges. One can citizens arrest a person. If wrong, its usually a civil matter.

    Don't know if they guy arrested will make this argument. He's in deep doo-doo either way.

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    Quote Originally Posted by MKEgal View Post
    Actually, it's criminal. The attacker has been arrested for the assault; not sure if he's been charged yet.
    Actually, battery.

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    Nice,,, another blind link!

    Well Mike, this is your forum, so I guess it makes sense that you would come to the party late
    to tell us all a story that already has about four threads!



    Sooo, welcome back after your 33 month vacation,, but,

    Daniels needs to learn a lesson about doing a better job of watching his six!
    It is Foster that is going to learn a good lesson about minding his own business!!! Dont attack LAC's...
    It is nice to be back. Thanks.


    I meant to say in my earlier post that MR. FOSTER needs to learn to mind his own business.

    Sorry for incriminating Mr. Daniels, who had done absolutely nothing wrong.

    I had a stroke this past summer, and my vision is not as clear as it once was. As Obama would say: "I misspoke".
    Last edited by MilProGuy; 01-25-2015 at 10:33 PM.
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    Regular Member Kopis's Avatar
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    Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?

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    Quote Originally Posted by Kopis View Post
    Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?
    Kopis, it is indeed true that a citizen can effect an arrest in Florida, but it must contain the following elements:

    1) The person making the arrest must reasonably believe a forcible felony (aggravated assault/battery, robbery rape, homicide, or burglary) has just occurred and,

    2) The person making the arrest must reasonably believe the person(s) being arrested is/are the one(s) responsible and,

    3) The person being arrested appears to be in immediate flight from the scene of the crime (immediately following its occurrence.)

    The person making the arrest may use reasonable force to stop the flight of the arrestee, and must inform the arrestee he/she is being arrested. If, in the attempt to stop the arrestee's flight, the person making the arrest becomes in fear of death or serious bodily injury due to the actions of the arrestee, deadly force may be warranted.

    Once a citizen's arrest has actually been made, the person making the arrest becomes the "arresting officer" throughout the judicial process.

    This is in accordance with the principles of English Common Law; Florida statute addresses it as such:

    941.14 Arrest without a warrant.—The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in the preceding section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant.
    So, no, Foster would not have been in accordance in attempting arrest of Daniels in this case, as he had no reasonable cause to believe that Daniels had just committed a forcible felony.
    Last edited by MedWheeler; 01-30-2015 at 04:51 PM.

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    Quote Originally Posted by Kopis View Post
    Ive never understood citizens arrest laws but this guy put him in a chokehold which would seem to be assault and or battery wouldnt it?
    I believe that is what the dipstick was charged with. As well he should have. I hope he is still paying for his monumental act of stupidity this time in the year 2025. Here's to hoping!

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    Did a search to see if anybody posted an update about this and I didn't see any so here it is(according to a Florida public records search)

    05/07/2015
    Disposition (Judicial Officer: McNeil, Artemeus)
    1. 784031-BATT1100 (MF) BATTERY
    NT - ADJUDGED GUILTY


    05/07/2015
    MISDEMEANOR (Judicial Officer: McNeil, Artemeus)
    1. 784031-BATT1100 (MF) BATTERY
    Fee Totals:
    COP STATE ATTY OFFICE - MISD/TRAF $50.00
    DOMESTIC VIOLENCE SURCHARGE MISDEMEANOR $201.00
    MISD FINE ADJG $210.00
    MISD MANDATORY COURT COSTS $220.00
    RAPE CRISIS TF (938.085) $151.00
    PROB FEE $12 $12.00
    Fee Totals $ $844.00
    Attorneys at Sentencing (Lead Prosecutor ISABEL, MELISSA ANNE, Lead Defense MCCABE , JARED JAMES)
    County Reporting Probation (12 Mo )
    Provisions (
    Provisions ATTEND AND COMPLETE ANGER MANAGEMENT,
    NO CONTACT WITH VICTIM OR PROPERTY,
    NO EARLY TERMINATION OF PROBATION)
    Comment: DEFENDANT IS NOT TO HAVE FIRE ARMS, NO CONTACT WITH VICTIM OR VICTIM'S FAMILY, ATTEND ANGER MANAGEMENT, EVALUATION AND TREATMENT; DEFT TO DO EVALUATION AND TREATMENT WITHIN 1ST 60 DAYS
    Restitution (Restitution Ordered - Reserves on Amount, Comment: RESERVE RESTITUTION 60 DAYS )

    Summary: 1 year probation, $844 in fines, anger management class, barred from firearms possession, subject to restraining order. I could not find any information on a civil suit (or even the potential for one).

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    Not even close to being enough.

  16. #16
    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by FTG-05 View Post
    Not even close to being enough.
    Not all of us carry just one firearm. The attacker could have achieved room temperature over this little "mistake".
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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