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Self Defense? Or not?

Police arrested Bratu and charged him with two counts of assault with a firearm and one count of carrying a firearm in violation of the condition of his license to carry. Bratu is licensed to carry a firearm, but only for "sports" purposes such as hunting, according to court records.

Dun dun dunnnnnnn.

Do restrictions count when you're in your own home?
 
Dun dun dunnnnnnn.

Do restrictions count when you're in your own home?

From reading the story, Mr Bratu lives in an apt complex and was outside but still on complex property. So it seems even though he was outside, on complex property, they charged him with CCWing with restrictions??

"went to the trunk of his car and got the gun"

Not sure how that works out to CCWing though. Even still, how can they bag him for violating CCW restrictions when he is on his apartment complex property? Does that not count as part of his home when renting?
 
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The supposed assailant was apparently unarmed and did not physically hit him, yet he felt it necessary to draw a gun? We don't have much detail, but based on what little there is, I don't see that he has justification for drawing his gun.

Furthermore, once she said she was going to get her boyfriend, he should have left -- gone inside at least and quite possibly called the police. Avoidance is your best option.
 
well, the gun was in the trunk. Just suppose it shouldn't have been loaded to meet the conditions of his license.

Since he was home and sweetie pie made a special trip back with her boyfriend to confront this guy I would say they are in the wrong. But this is Mass so the gun owner will get screwed.
 
Keeping a loaded pistol in the trunk of your car while parked in the driveway/parking spot after calling the cops and waiting for them to show up is full on retard, talk about setting yourself up to get bent over.

Surprised they didn't charge him with improper storage as well.

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well, the gun was in the trunk. Just suppose it shouldn't have been loaded to meet the conditions of his license.

Since he was home and sweetie pie made a special trip back with her boyfriend to confront this guy I would say they are in the wrong. But this is Mass so the gun owner will get screwed.

Still the CCW restriction charge makes no sense. He went to his trunk to retrieve said firearm and pointed it at the other 2 people. Then called the cops and put the gun back into his trunk. Improper storage according to MA laws? Yes...but when was he CCWing? lol makes no sense to me.
 
well, the gun was in the trunk. Just suppose it shouldn't have been loaded to meet the conditions of his license.

Since he was home and sweetie pie made a special trip back with her boyfriend to confront this guy I would say they are in the wrong. But this is Mass so the gun owner will get screwed.

In many places, not just MA, he might still be in trouble. In most parts of the country, you can't use deadly force outside of your home if you can safely retreat. He knew they were coming back, so he had plenty of time to retreat inside his home, but instead he stayed outside waiting for them.
 
In many places, not just MA, he might still be in trouble. In most parts of the country, you can't use deadly force outside of your home if you can safely retreat. He knew they were coming back, so he had plenty of time to retreat inside his home, but instead he stayed outside waiting for them.


I hate seeing a good guy get jammed up for stupid laws.
 
I hate seeing a good guy get jammed up for stupid laws.

I'm sorry, but I don't see him as necessarily being a good guy. You can't draw a gun just because some guy is yelling at you. You can only draw a gun if you, or another innocent, is in immediate danger of death or grave bodily injury. Where was the threat of death or grave bodily injury?

And if some crazy woman says she is going to go get her boyfriend, then hanging around outside waiting for him to arrive, when you could have gone inside and called the cops, is just stupid.

This was a mutual dick measuring contest.
 
I'm sorry, but I don't see him as necessarily being a good guy. You can't draw a gun just because some guy is yelling at you. You can only draw a gun if you, or another innocent, is in immediate danger of death or grave bodily injury. Where was the threat of death or grave bodily injury?

And if some crazy woman says she is going to go get her boyfriend, then hanging around outside waiting for him to arrive, when you could have gone inside and called the cops, is just stupid.

This was a mutual dick measuring contest.

Is retrieving a firearm from your trunk, brandishing it on your apartment property and then putting the firearm back into your trunk considering a CCW restriction violation?
 
Is retrieving a firearm from your trunk, brandishing it on your apartment property and then putting the firearm back into your trunk considering a CCW restriction violation?

That depends upon a) your restriction and b) what your licensing officer decides that your restriction means on that day.

In any case, the restriction violation is the least of his legal worries. His real problem is the two counts of assault with a firearm.
 
I'm sorry, but I don't see him as necessarily being a good guy. You can't draw a gun just because some guy is yelling at you. You can only draw a gun if you, or another innocent, is in immediate danger of death or grave bodily injury. Where was the threat of death or grave bodily injury?

And if some crazy woman says she is going to go get her boyfriend, then hanging around outside waiting for him to arrive, when you could have gone inside and called the cops, is just stupid.

This was a mutual dick measuring contest.

This had real potential to be another episode of "When Keepin' It Real Goes Wrong". And yes, penises were being measured.
 
I'm sorry, but I don't see him as necessarily being a good guy. You can't draw a gun just because some guy is yelling at you. You can only draw a gun if you, or another innocent, is in immediate danger of death or grave bodily injury. Where was the threat of death or grave bodily injury?

And if some crazy woman says she is going to go get her boyfriend, then hanging around outside waiting for him to arrive, when you could have gone inside and called the cops, is just stupid.

This was a mutual dick measuring contest.

I'll agree the act was pretty stupid given the circumstances. But he was a good guy or he wouldn't have the license.
 
he never should have opened his mouth about the music.

that's an opinion. maybe she didn't need to go get her boyfriend with the obvious intent of starting an altercation.

could it have gone better...sure....but in my eyes no harm was done. too bad he lives in the commonwealth.
 
I'll agree the act was pretty stupid given the circumstances. But he was a good guy or he wouldn't have the license.

Maybe he was a good guy before, but he committed assault with a dangerous weapon x 2.

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that's an opinion. maybe she didn't need to go get her boyfriend with the obvious intent of starting an altercation.

Yes, they did. So why did he hang around to participate when he knew it was coming and could have left? You don't have to go to every fight to which you have been invited.
 
No need to armchair over analyze this folks. Just another story about another day down on Beaver St. in good old Framingham.
 
he never should have opened his mouth about the music.

I disagree. We're all entitled to peace and quiet in our homes - including renters. Fact is Shaniqua didn't like being told to turn down her gansta rap and went and got her man to beat this guy up. That constitutes a threat of bodily harm in my book. I don't think this guy did anything wrong.
 
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In addition, you can't draw a gun as a response to any and all provocations. You must be in danger of death or grave bodily injury. We don't have much detail about what went on, but I don't see that he was in immediate danger of death or grave bodily injury.

Unless you are about to die right now, you are likely not justified in drawing your gun.

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I disagree. We're all entitled to peace and quiet in our homes - including renters. Fact is Saniquia didn't like being told to turn down her gansta rap and went and got her man to beat this guy up. That constitutes a threat of bodily harm in my book. I don't think this guy did anything wrong.

I'm sorry, but the law doesn't agree with you. You can't draw a gun to prevent bodily harm. You can only draw it to prevent death or grave bodily injury.
 
Maybe he was a good guy before, but he committed assault with a dangerous weapon x 2.

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And I believe a part of it can be attributed to ignorance of the laws from a gun owner's perspective. So I'm not discounting a big part is stupidity on the part of the gun owner.

I see a lot of course offered don here about the laws as they relate to the law and self defense with a firearm.

Maybe we could come up with a way to reach out to gun owners who don't know about this site and then recommend they get additional training I see offered here.

I think we can save some hassle for some of our brothers and sisters in arms so they might not fall into a situation such as the one described in this thread.

I have no idea how to do that but I think it's a good thing to think about. Maybe put some advertisements in some gun shops....
 
Maybe he was a good guy before, but he committed assault with a dangerous weapon x 2.

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side note....is brandishing and point assault in most states or?


Yes, they did. So why did he hang around to participate when he knew it was coming and could have left? You don't have to go to every fight to which you have been invited.

this is 100% true. but at the end of the day bad decisions shouldn't make felons....i think the only other action since it was in front of where he lives would have been 911....but as i have learned sadly recently they just tell the other person to leave...and when they keep coming back nothing is done.
 
I couldn't read the article because the site wanted to run a script and I have those disabled. From what I can gather from reading the comments here it seems that two people went and got dangerous weapons and threatend to assault each other. The guy went and got his gun and the girl went and got her boyfriend. Both can kill. Why isn't the girl being charged with assault with a deadly weapon? Unless the boyfriend is a quadriplegic with a discharged electric wheelchair, he is a threat to the guy and she went to get said boyfriend. She could have walked away as easily as the guy.
 
this is 100% true. but at the end of the day bad decisions shouldn't make felons.

I disagree. If your bad decision is to commit a felony, well, then you are likely to end up a convicted felon.

i think the only other action since it was in front of where he lives would have been 911....but as i have learned sadly recently they just tell the other person to leave...and when they keep coming back nothing is done.

He didn't have to hang out outside, waiting for the boyfriend to come back. If he had gone inside, chances are the boyfriend would have come by, walked around, bitched a bit and then left. Hopefully the next time he encountered the boyfriend tempers would have cooled.

If he had called the police, yes, the police might not have done anything. But at the very least he has started a police record indicating that he has been threatened by the other party.

Here is a fundamental piece of advice: if you can avoid a fight, then avoid it. If the other party says they are going to go get a) their boyfriend or b) their gun, or c) their buddies and are going to come back and kick your ass, then why the heck are you hanging around? Get the heck out of Dodge.

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I couldn't read the article because the site wanted to run a script and I have those disabled. From what I can gather from reading the comments here it seems that two people went and got dangerous weapons and threatend to assault each other. The guy went and got his gun and the girl went and got her boyfriend. Both can kill. Why isn't the girl being charged with assault with a deadly weapon? Unless the boyfriend is a quadriplegic with a discharged electric wheelchair, he is a threat to the guy and she went to get said boyfriend. She could have walked away as easily as the guy.

No, the boyfriend didn't have a weapon, near as I can tell.
 
I disagree. If your bad decision is to commit a felony, well, then you are likely to end up a convicted felon.



He didn't have to hang out outside, waiting for the boyfriend to come back. If he had gone inside, chances are the boyfriend would have come by, walked around, bitched a bit and then left. Hopefully the next time he encountered the boyfriend tempers would have cooled.

If he had called the police, yes, the police might not have done anything. But at the very least he has started a police record indicating that he has been threatened by the other party.

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No, the boyfriend didn't have a weapon, near as I can tell.
I think Johnz was saying the BF was the weapon
 
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