Self Defense? Or not?

No, the boyfriend didn't have a weapon, near as I can tell.


I think the poster was referencing that the girl went and got her boyfriend and that the boyfriend was actually her weapon.

So apartment guy gets a gun and radio girl gets her boyfriend...I think that's what was being eluded to...
 
I think Johnz was saying the BF was the weapon

Unless you can justify disparity of force, drawing a gun against someone of similar size who is unarmed is likely to get you in one big heap of trouble.

Folks, not all situations can be solved with a gun.
 
1502527 13:25 ARREST: BRATU, BOGDAN G 126 BEAVER ST APT 95 FRAMINGHAM, MA
DOB:06/05/73 Arrested@ 126 BEAVER ST APT BLG B LOT for
ASSAULT-BY A FIREARM ASSAULT-BY A FIREARM FIREARM-CARRY
WITHOUT LICENSE Officer: OTTAVIANI, VARGAS, STRANGE

"Carry without license" (at least to me) is not the same as carrying outside your restriction.

Violating a restriction IIRC is not a criminal matter but can result in suspension/revocation and a fine.

The following may be one person's opinion or a matter of law, as the source in Law Enforcement Guide to Firearms Law (23rd Ed., pg. 201) is amongst numerous miscellaneous info.

A violation of any restriction imposed by the licensing authority on an LTC shall be cause for the suspension or revocation of the license and shall subject the licensee to a $1,000 to $10,000 fine, but the provisions of M.G.L. c. 269, §10, shall not apply to the violation.
If a person carries a firearm in a manner that is inconsistent with the limited purpose stated on the license (e.g., carrying the firearm at midnight in a barroom although the stated purpose is for hunting only), there will be valid grounds for the chief to revoke the license. In addition, the chief could charge the person under c.140, §131 where a conviction would not only result in a loss of license but a $1,000 to $10,000 fine. However, violation of the purpose clause does not invalidate the license, and, under such circumstances, it would not be appropriate to bring criminal charges under G.L. c. 269, § 10.
 
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If they throw the book at the guy and he has the money he should fight all the charges..chances are good someone on the jury will side with him...
 
If they throw the book at the guy and he has the money he should fight all the charges..chances are good someone on the jury will side with him...

My bet is he listens to his attorney and takes a plea bargain that results in little jail time, but still results in him becoming a prohibited person.
 
"Carry without license" (at least to me) is not the same as carrying outside your restriction.

Violating a restriction IIRC is not a criminal matter but can result in suspension/revocation and a fine.

The following may be one person's opinion or a matter of law, as the source in Law Enforcement Guide to Firearms Law (23rd Ed., pg. 201) is amongst numerous miscellaneous info.

Looks like the whole CCW restriction violation charge was just shardy POS journalism; not researching what they are reporting. What a shock.
 
If he really felt threatened. Should have shot him and then the would only have his side of the story. A la Zimmerman.
Let me tell ya something. I've seen more guys with guns wet the bed then anything. Its when the other guy has a gun and he pulls his out and then we see who the real tough guy is.
 
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Looks like the whole CCW restriction violation charge was just shardy POS journalism; not researching what they are reporting. What a shock.

This is one time when I'll give the 4th estate a pass - even the NES Brain Trust can't figure what is "allowed" under a Sporting restriction.

The facts are clear as mud; if he went to retrieve the firearm that was properly stored in the car, to retreat to his residence, and the two others showed up, and he never pointed the gun at the two (who had made good a threat to come back for him, and were belligerent), but merely had it in his hand, then that's a difference from, "I'm gonna bust a cap in yo' ass, homes!"

the only thing going for the guy is that he, as well as the other party called 911.


Bucket of worms, and fail, all in one nice, south-side package.
 
It may have been a little early to play the ace...
maybe, but the reality of being there dictates the response. the guy may have made a bad judgment call in the eyes of the law, but if the bf surprised him and was aggressively posturing he may have felt threatened. maybe showing he was armed would have been enough to deescalate the situation. pointing a gun is pretty serious action.
 
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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....

Well, there really isn't much interest in education amongst the NES'rs here, never mind joe-random gun owner. Most of them only take the basic courses to get licensed because it is the law, pay little attention to what is taught in those courses and will never seek out any further education other than watching cool shoot-em-up YouTube videos.

As evidence of that I offer that Andrew Branca, Esq. wrote a great book on "The Law of Self-Defense", covering the laws in all 50 states and lectures on the subject around the country. He was a paid advertiser here and dropped out since he didn't see any interest/ROI for his investment (this is what he stated).

I offer the MA Gun Law Seminar and discuss the law of self-defense in MA with some detail (the arresting officer in the case that led to the MA law was a close friend and shared a lot of info on the case with me many years ago) as well as lots of other info you won't find elsewhere, but can tell you that NES interest has dwindled to next to nothing.

Myself and others offer NRA's Personal Protection in the Home and Outside the Home courses which go into a lot of detail about the use of firearms in self-defense (including legal aspects) and interest in those courses (info from a number of other instructors as well) is relatively pathetic.

Very few are willing to invest the time and money in learning what they can do legally and what the boundaries are. Many more will take defensive handgun courses where they do numerous drills sending lead downrange (all useful skills) but barely mentioning the legalities of doing such in the real world (off the range). [I've taken a number of defensive handgun courses myself and they are great, but without understanding the legal issues surrounding use of deadly force, it's like building a house (shooting skills) on a bed of legal quicksand!]



I'm sure that the charges will be refined as the shitstorm moves forward.

Yup, I fully expect illegal storage (or transportation, since it was in a car) charges to be thrown at him as well. Sadly his opening his mouth in court tells me that he isn't very smart and he's probably going to go down on these charges whether deservedly or not.
 
If he really felt threatened. Should have shot him and then the would only have his side of the story. A la Zimmerman.

I disagree very strongly.

First, there were probably more than two people there.

Second, he is facing two assault with a dangerous weapons charges. Murder charges are a lot more serious.

Third, all of the forensic evidence supported Zimmerman's story that his assailant had mounted him and was banging his head against the concrete sidewalk. The back of Zimmerman's head was bloodied. Trayvon Martin's pants had grass stains. Trayvon Martins fists showed that he'd punched someone. Zimmerman had evidence to indicate that he really was in immediate danger of death or grave bodily injury. In contrast, was this guy even punched?

Once again, folks, drawing your gun is not the solution to every problem. And if you think it is, you may well wind up like this guy -- in deep trouble in the justice system.
 
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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.
i think its possibly a cultural thing, his manhood was being questioned. Bogdan does not put up with that crap.
 
Well, there really isn't much interest in education amongst the NES'rs here, never mind joe-random gun owner. Most of them only take the basic courses to get licensed because it is the law, pay little attention to what is taught in those courses and will never seek out any further education other than watching cool shoot-em-up YouTube videos.

As evidence of that I offer that Andrew Branca, Esq. wrote a great book on "The Law of Self-Defense", covering the laws in all 50 states and lectures on the subject around the country. He was a paid advertiser here and dropped out since he didn't see any interest/ROI for his investment (this is what he stated).

I offer the MA Gun Law Seminar and discuss the law of self-defense in MA with some detail (the arresting officer in the case that led to the MA law was a close friend and shared a lot of info on the case with me many years ago) as well as lots of other info you won't find elsewhere, but can tell you that NES interest has dwindled to next to nothing.

Myself and others offer NRA's Personal Protection in the Home and Outside the Home courses which go into a lot of detail about the use of firearms in self-defense (including legal aspects) and interest in those courses (info from a number of other instructors as well) is relatively pathetic.

Very few are willing to invest the time and money in learning what they can do legally and what the boundaries are. Many more will take defensive handgun courses where they do numerous drills sending lead downrange (all useful skills) but barely mentioning the legalities of doing such in the real world (off the range). [I've taken a number of defensive handgun courses myself and they are great, but without understanding the legal issues surrounding use of deadly force, it's like building a house (shooting skills) on a bed of legal quicksand!]

Indeed.

Every time one of these cases comes up, the comments here on NES indicate the lack of understanding of just how limited the situations are when you can use deadly force (and that is true in most states, not just MA). No one here wants to accept that they just can't draw their gun whenever they feel threatened.
 
Unless you can justify disparity of force, drawing a gun against someone of similar size who is unarmed is likely to get you in one big heap of trouble.

Folks, not all situations can be solved with a gun.
]i believe two able bodied people regardless of size would be considered disparity of force.
 
I disagree very strongly.

First, there was probably more than two people there.

Second, he is facing two assault with a dangerous weapons charges. Murder charges are a lot more serious.

Third, all of the forensic evidence support Zimmerman's story that his assailant had mounted him and was banging his head against the concrete sidewalk. The back of Zimmerman's head was bloodied. Trayvon Martin's pants had grass stains. Trayvon Martins fists showed that he'd punched someone. Zimmerman had evidence to indicate that he really was in immediate danger of death or grave bodily injury. In contrast, was this guy even punched?

Once again, folks, drawing your gun is not the solution to every problem. And if you think it is, you may well wind up like this guy -- in deep trouble in the justice system.

What I mean is had Trayvon survived. He could have well convinced a jury that Zimmerman was the aggressor, threaten him with a gun and he jumped on him beating him up to defend himself. Jury might have well convicted Zimmerman of attempted murder.
 
What I mean is had Trayvon survived. He could have well convinced a jury that Zimmerman was the aggressor, threaten him with a gun and he jumped on him beating him up to defend himself. Jury might have well convicted Zimmerman of attempted murder.

Zimmerman still had the forensic evidence on his side.

This guy? What evidence is there that the was in immediate danger of death or grave bodily injury?

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]i believe two able bodied people regardless of size would be considered disparity of force.

That is really going to be situationally dependent. Was the girlfriend even threatening him, or was she just a bystander?
 
Zimmerman still had the forensic evidence on his side.

This guy? What evidence is there that the was in immediate danger of death or grave bodily injury?

IIRC, in subsequent interviews didn't 1/2 favor conviction. They said that since Martin threw the first punch it came down to Zimmerman standing his ground. Could Trayvon say Zimmerman punch him first and they tussled and Zimmerman pulled a gun. All I know is I wouldn't want to put my life in the hands of a jury.

http://www.theguardian.com/world/2013/jul/16/george-zimmerman-jurors-trayvon-martin
 
Zimmerman still had the forensic evidence on his side.

This guy? What evidence is there that the was in immediate danger of death or grave bodily injury?

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That is really going to be situationally dependent. Was the girlfriend even threatening him, or was she just a bystander?
i think his atty could make the case that she was running the show by leaving the scene to get the bf to defend her honor.[laugh]
 
The guy who complained about the loud music should have just gone back to his apt and left it at that,but instead he stayed put and IMO decided that his machismo was offended by the threats of Shaniqua. Something I learned a long time ago better a live chicken than a dead duck.
 
What is going to burn him is time. He had time to get his gun,he had time to go into the house. So that means he had time to retreat.
 
Let me get this straight.

He was at his own abode.

She left and came back with her boyfriend.

They then accosted him.

But he's the bad guy?
 
Let me get this straight.

He was at his own abode.

She left and came back with her boyfriend.

They then accosted him.

But he's the bad guy?

Sounds like he was in the parking lot of his apartment complex, not his own property.

It's hard to know who's in the wrong without knowing more.
 
I truly hope some of the comments here are just bravado posturing. I was taught long ago that while carrying is a right it is also a very real responsibility. I was taught to avoid certain scenarios which had confrontational possibilities. My God, if I pulled a gun every time someone tried to kick my ass I would've been either dead or in prison long ago. I totally agree with M1911 that avoidance is absolutely the best solution. I have to say I realize how difficult it is for most of us who were raised with all the Macho bullcrap that seems so hard to let go. For me it's about being smart and responsible. I wouldn't walk through a dangerous part of town without a gun, but I also wouldn't with one.
 
Let me get this straight.

He was at his own abode.

She left and came back with her boyfriend.

They then accosted him.

But he's the bad guy?

He was outside of his apartment. Here in MA, and in most other states, inside versus outside your home makes a very large legal difference.

He knew trouble was coming. He chose not to go inside, thus retreating from that approaching trouble, or to call the police for help.

Then, when not faced with a deadly threat, he drew a gun.

The best way to win a fight is to avoid it. He had several chances to avoid this fight, but he chose not to take them. And then he drew his gun when it was not legally justified.

The reality is that he made bad a lot of bad choices.
 
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