• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

An important ommission from the list of state laws

Shotgun

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
imported post

Many Wisconsin statutes have been cited in our forum, and it is important to be familiar with all of the gun-related statutes if one is going to possess or carry a firearm.

Conspicuously absent however-- probably because it is not necessarily related to firearms-- is one of the most important laws with which we all must be familiar. It is a law that we simply cannot overlook, and I suggest that it be included in any pamphlets or similar contemplated materials.

It is, of course, Wisconsin self-defense law, Chapter 939.48 Stats, AND a closely related second statute: Chapter 939.49 the "defense of property" statute. Pay close attention to the court cases cited also.

http://www.legis.state.wi.us/statutes/Stat0939.pdf




 
D

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
imported post

Thank you.

In 939.48 I found the elements of common law self-defense encoded.

1) 'Be innocent of instigation' is the prohibition of provocation.

2) 'Be in reasonable fear of harm' is the reasonable belief of fear of an unlawful interference with his or her person.

3) 'Use sufficient force only to deliver oneself from evil' is the prohibition against the use "force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself."

4) 'Attempt to withdraw' is encoded in sub-paragraphs (2)(a) & (b) but less concisely.
 
D

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
imported post

RugerMan wrote:
"The privilege of self−defense extends not only to the...."
Click to expand...
Since when is self-defense a privilege?
Click to expand...
http://en.wikipedia.org/wiki/Privilege
A privilege—etymologically "private law" or law relating to a specific individual—is a special entitlement or immunity granted by a government or other authority to a restricted group, either by birth or on a conditional basis. A privilege can be revoked in some cases. In modern democracies, a privilege is conditional and granted only after birth. By contrast, a right is an inherent, irrevocable entitlement held by all citizens or all human beings from birth. Miscellaneous privileges, e.g. the old common law privilege to title deeds, may still exist, though of little relevance today.

In a broader sense, 'privilege' can refer to special powers or 'de facto' immunities held as a consequence of political power or wealth. Privilege of this sort may be transmitted by birth into a privileged class or achieved through individual actions. Compare elite.
Click to expand...
 
You must log in or register to reply here.
Top