this post was submitted on 07 Aug 2024
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A man taking his trash to an apartment dumpster was shot and killed after he slipped while walking and the gun he was carrying went off accidentally, according to San Antonio police.

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[–] [email protected] 22 points 4 months ago (4 children)

Imagine how much of a pussy you have to be to need to wear a gun at all times.

[–] [email protected] 18 points 4 months ago

From my read of the article he wasn't wearing it, he was holding it in his hands along with the trash...

What's the line of thinking on that?

Get up. Realize it's trash day and grab the trash to go outside - but wait! What if some ne'er-do-well has been lying in ambush until 6 in the fucking morning to rob me of my precious trash? Better grab my heat. Shit I'm still in my pajamas and my holster is in the other room. I'll just walk out like some romcom librarian, except instead of books I have a heap of trash and a loaded gun and the part where I trip is a lot less cute.

[–] [email protected] 7 points 4 months ago (2 children)

Idk I'm a very small woman who lives alone in a bad neighborhood. Had a man try to break in my house. He simply saw me with a gun and ran away. Don't want to imagine what he could have done if something didn't scare him away, because it wasn't my Great Dane and it damn sure wasn't me that intimidated him.

[–] [email protected] 3 points 4 months ago (1 children)

Yes but do you wear it at all times?

[–] [email protected] 4 points 4 months ago

This logic I'll agree with you on. It is strange that a grown man felt the need to wear his weapon to take the trash out, whereas I never felt like I had to even in my neighborhood. I keep mine in the house purely for defense.

[–] [email protected] 1 points 4 months ago (2 children)

Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

Punishment (2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; https://laws-lois.justice.gc.ca/eng/acts/c-46/page-15.html#:~:text=86%20(1)%20Every%20person%20commits,for%20the%20safety%20of%20other

It is also a felony in the states, and against the law in most countries.

[–] [email protected] 3 points 4 months ago* (last edited 4 months ago) (1 children)

The fact that the person had criminally trespassed, made no due announcement of their presence and was attempting to enter her property absolutely falls within acceptable brandishment in all states of the Union. There is no question that brandishing a firearm in that situation is with lawful excuse.

Now, if she had pulled the trigger, had an unlicensed or illegal firearm in her state, or sought after the fleeing person, then there's an argument that she commited a crime.

[–] [email protected] 1 points 4 months ago (1 children)

I am not a lawyer. But every state in the u.s. has different laws, about stand your ground. Even in Canada we are only allowed to use as much force as they use against us.

[–] [email protected] 2 points 4 months ago* (last edited 4 months ago)

Brandishing a weapon and firing it are two completely different things. I would advise caution on making suggestions to people that live in a country whose laws you are not directly familiar with.

Make special note of "lawful excuse"

[–] [email protected] 2 points 4 months ago

He was attempting to break down my door. According to the castle doctrine, I could have defended myself in that instance if he would have made it across the threshold. I had my weapon at the ready when he opened my front door without permission. Then he retreated. I called the cops and reported it. Filed a report. The cop said I did everything right.