J.Gleason
Banned
imported post
yep
yep
-
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.
-
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.
Police say teen dressed as Ninja attacks boy with machete
- Thread starter barronburke
- Start date
Shotgun
Wisconsin Carry, Inc.
imported post
Cobra469 wrote:
Here's the relevant portion of the self-defense statute (939.48) covering one's ability to claim self-defense while engaged in an illegal activity:
(2) Provocation affects the privilege of self−defense as follows:
(a) A person who engages in unlawful conduct of a type likely
to provoke others to attack him or her and thereby does provoke
an attack is not entitled to claim the privilege of self−defense
against such attack, except when the attack which ensues is of a
type causing the person engaging in the unlawful conduct to reasonably
believe that he or she is in imminent danger of death or
great bodily harm. In such a case, the person engaging in the
unlawful conduct is privileged to act in self−defense, but the person
is not privileged to resort to the use of force intended or likely
to cause death to the person’s assailant unless the person reasonably
believes he or she has exhausted every other reasonable
means to escape from or otherwise avoid death or great bodily
harm at the hands of his or her assailant.
(b) The privilege lost by provocation may be regained if the
actor in good faith withdraws from the fight and gives adequate
notice thereof to his or her assailant.
Now in your hypothetical case, if you were spotted trespassing on private property while armed you may be giving ninja-boy a reason to claim that he feared for his life and opening up his claim of self-defense. Complicates the issue further, doesn't it?
But the short answer is that a person engaged in an unlawful activity does not automatically lose the privilege of legal self-defense.
Cobra469 wrote:
Yes, you still have the ability to claim self-defense while engaged in an unlawful activity but the law seems to indicate that your claim will be subjected to even greater scrutiny. Under current Wisconsin law one cannot use deadly force, e.g., a machete, merely to protect one's land from trespassing kids. Deadly force can only be used to protect 'life and limb'. So ninja-boy was also being a naughty-boy.
Here's the relevant portion of the self-defense statute (939.48) covering one's ability to claim self-defense while engaged in an illegal activity:
(2) Provocation affects the privilege of self−defense as follows:
(a) A person who engages in unlawful conduct of a type likely
to provoke others to attack him or her and thereby does provoke
an attack is not entitled to claim the privilege of self−defense
against such attack, except when the attack which ensues is of a
type causing the person engaging in the unlawful conduct to reasonably
believe that he or she is in imminent danger of death or
great bodily harm. In such a case, the person engaging in the
unlawful conduct is privileged to act in self−defense, but the person
is not privileged to resort to the use of force intended or likely
to cause death to the person’s assailant unless the person reasonably
believes he or she has exhausted every other reasonable
means to escape from or otherwise avoid death or great bodily
harm at the hands of his or her assailant.
(b) The privilege lost by provocation may be regained if the
actor in good faith withdraws from the fight and gives adequate
notice thereof to his or her assailant.
Now in your hypothetical case, if you were spotted trespassing on private property while armed you may be giving ninja-boy a reason to claim that he feared for his life and opening up his claim of self-defense. Complicates the issue further, doesn't it?
But the short answer is that a person engaged in an unlawful activity does not automatically lose the privilege of legal self-defense.
Shotgun
Wisconsin Carry, Inc.
imported post
McX wrote:
McX wrote:
You mean you weren't already watching out for them?
GLOCK21GB
Campaign Veteran
imported post
Justified06 wrote:
Justified06 wrote:
oh look, we have a new troll on the forum....I mean his first post is pointing out the rules ? ! Who the F do you think you are ? Cherry:X
CUOfficer
Regular Member
imported post
So what would be the regulations on carrying and transporting your Ninja sword?
So what would be the regulations on carrying and transporting your Ninja sword?
Shotgun
Wisconsin Carry, Inc.
imported post
CUOfficer wrote:
It depends. Mostly regulated on the local level. Some municipalities regulate carrying a knife over a certain blade length and double edged blades-- which could apply to certain swords.
Don't take them on school grounds. (948.61)
Don't conceal them. (941.23)
Don't "brandish" them unless you want a disorderly conduct or assault or reckless endangerment charge.
Anyone else think of others?
CUOfficer wrote:
It depends. Mostly regulated on the local level. Some municipalities regulate carrying a knife over a certain blade length and double edged blades-- which could apply to certain swords.
Don't take them on school grounds. (948.61)
Don't conceal them. (941.23)
Don't "brandish" them unless you want a disorderly conduct or assault or reckless endangerment charge.
Anyone else think of others?