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Post Info TOPIC: Why?


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RE: Why?


DMaxer wrote:

Perhaps if you disagree with me then you can remind me again where you obtained your legal qualifications allowing you to be  proficient with the advice. Quoting an article written by another unqualified person is hardly authoritative.


Oh don't go all bitter and twisted on us Dmaxer.

As you well know; I'm not giving advice I'm stating the law as I understand it - is that OK with you? Am I permitted to comment upon the law which I voted for and which governs me or is that reserved for a select few?

Certainly I do not have legal qualifications and if I'm wrong then please indicate where I am wrong. Or are you suggesting that only people with legal qualifications may comment upon the law? If that is the case then, in future, I must admonish anyone who mentions 12V systems and does not have a PhD in electronics!

The reality is that if, in Australia, one uses a firearm in self defence one will almost certainly end up in prison.



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Mike Harding wrote:
DMaxer wrote:

Perhaps if you disagree with me then you can remind me again where you obtained your legal qualifications allowing you to be  proficient with the advice. Quoting an article written by another unqualified person is hardly authoritative.


Oh don't go all bitter and twisted on us Dmaxer.

...


 I can't see any 'bitter and twisted' content in Demaxer's response. In fact I read a controlled and well worded response. Maybe there's some projection going on there?



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Buzz Lightbulb wrote:

 I can't see any 'bitter and twisted' content in Demaxer's response. In fact I read a controlled and well worded response. Maybe there's some projection going on there?


 When we want you to adjudicate between us we'll reprogramme you.



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"I beseech you in the bowels of Christ think it possible you may be mistaken"

Oliver Cromwell, 3rd August 1650 - in a letter to the General Assembly of the Kirk of Scotland



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Mike Harding wrote:
Buzz Lightbulb wrote:

 I can't see any 'bitter and twisted' content in Demaxer's response. In fact I read a controlled and well worded response. Maybe there's some projection going on there?


 When we want you to adjudicate between us we'll reprogramme you.


 Am I not allowed to comment where you yourself ask 'Am I permitted to comment'? That certainly seems hypocritical to me. I'm just giving my opinion as to Demaxer's response.

 

You seem very quick to insult others, as you have just done to me, but you're not willing to listen to other people's comments. Why do you insist on insulting people?

  



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"the only means by which you can defend yourself and it is commensurate to the threat you perceive".

This is the crux of the matter in Au. "The threat you perceive".

If I, as a 67 yo man with back issues, is attacked by a young, clearly drug affected, otherwise healthy and muscular 18 yo armed with an 8in blade hunting knife, in a home invasion, what is the perceived threat?

It is possible I may be killed or severely injured by said youth. Again what is the perceived threat?



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Your dead.
By the time you analyse the situation, draw a conclusion, make your way to the place you have your bullets stored, then go to your gun safe, fumble through the combination to open the safe, load the bullets into the gun,,,,,, sorry you have been slashed, stabbed numerous times by the crazy man and have passed out from loose of blood.
But be comforted that the crazy drug effected scum won't need his knife on his next victim, he will have a loaded gun, curtious of his last victim.

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Mike Harding wrote:

Here's an item you may not see on Australian news outlets:

BBC: Woman shoots gunman


 I wonder what the gunman was thinking when he saw a woman standing up against his attack?

 

There are people who 'lack self esteem'. It used to be called 'inferiority complex', 'Napolean Syndrome' or 'little man syndrome'. They have possibly suffered from embarrassment by their peers or they couldn't live up to their parents expectations. 

 

These people sometimes develop 'superiority complexes'. They have to attack other people to hide their own inferiority. A sort of 'preemptive strike' to make themselves feel better. They sometimes are misogynists because they want to see women as being weaker than themselves. That gunman must have really been surprised when a woman shot him. Just like the bullies when someone stands up to their attacks. Poor little man.

 

I wonder if these people addressed their own demons then they may be able to function in society rather than hide away from society somewhere or have to attack people? I imagine online trolls have similar insecurities.

 

I'm sure the couple of my family members who've studied psychology would have similar assessments. Discussions at family gatherings would indicate so. Surely all these attackers could be helped if they'd recognised their own lack of self esteem, their own 'poor little man' problems and addressed their own issues before attacking others? Familiar Little Mikey?



-- Edited by Buzz Lightbulb on Tuesday 31st of May 2022 03:41:38 AM

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I don't get bitter and twisted Mike, you know that. I just like disagreeing with you even when  you may be correct. I also think everyone should have and does have a right to comment on the law as it is made by us through our representatives. What irks me at times is when people decide to pronounce what the law actually is and maintain that position even if they are wrong.

Self defence is very straight forward. You can't buy guns for the sole purpose of having it available to defend yourself should the need arise. You have then pre empted a situation and your response to that situation. Self defence is a reaction when a situation arises that either your life or another person in the immediate vicinity and time period is in danger and that danger would materialise in death or serious injury should you not act. It would not matter what weapon you were to use, even if it was a controlled weapon, if that was the only means available to you to prevent death or serious injury occurring to you or someone else but also under threat in the same vicinity and time frame.

The burden of proof then rests with the prosecution to negate that the action was not self defence and went further than self defence and in fact the means used were excessive in what was required to repel the attack. Blowing someone's head off because they threatened to kick you is an example. One of the tests is what did the person being attacked perceive not what did someone sitting in their lounge chair at home watching the news think they would have done in a similar situation.

There is no need to hire Queen's Counsels and have bottomless pockets. First year students learn this doctrine on day one of criminal law. It appears about half way down page one, straight after actus reus and mens res.

 



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 I tried to google search when mass school shootings, there were plenty of single school shootings from the 1800s to 1999. But this mass shooting is predominatly from 2000 to the present, It did not catologue mass shooting outside schools like the Las Vegas concert shooting.

One common thread on school shooting is, there are carried out by predominatly teenagers (Millennials and Generation Z), could this be related to the left wing invasion of the teaching profession, Wokeism and the Cancel Culture, where its all about childrens right and not about discipline, manners and respect.

Whilst we dont have mass murder in our schools, we do have the me attitude, even recently we have had 2 kids in Casino stabbed, one dead and the other in hospital in a serious condition. Why because here in Australia you cannot carry knives without a reasonable cause ( self defence is not a just cause).

Recenty in Sydney there has been plenty of gun crimes including murder, amid waring crime families. We are supposed to have gun control in Australia, but that only applies to law abiding members of the community. Even the death of a young woman in Qld recently, an unregistered firearm was used.

Victoria has a home invasion plague occuring by youth gangs, stealing money, phones and cars. Victorian government are twiddling their thumbs, Why is it that police manning at night lower than during the day, there are too many officers sitting in buildings shuffling paper like all public service departments.

If I was the benevolent dictator all public departments would be manned 24/7 with a 30/40/30 manning.



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Gundog wrote:

 

 ...

One common thread on school shooting is, there are carried out by predominatly teenagers (Millennials and Generation Z), could this be related to the left wing invasion of the teaching profession, Wokeism and the Cancel Culture, where its all about childrens right and not about discipline, manners and respect.

 

No. Respect is being taught by school teachers. More so now than ever before.

 

Whilst we dont have mass murder in our schools, we do have the me attitude, even recently we have had 2 kids in Casino stabbed, one dead and the other in hospital in a serious condition. Why because here in Australia you cannot carry knives without a reasonable cause ( self defence is not a just cause).

 

There's always been the 'me' culture.

...

If I was the benevolent dictator all public departments would be manned 24/7 with a 30/40/30 manning.

 

If we were governed by a dictator there would be more violence and deaths as we see in previous countries governed by dictators.


 



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DMaxer wrote:

I don't get bitter and twisted Mike, you know that. I just like disagreeing with you even when  you may be correct. I also think everyone should have and does have a right to comment on the law as it is made by us through our representatives. What irks me at times is when people decide to pronounce what the law actually is and maintain that position even if they are wrong.

Self defence is very straight forward. You can't buy guns for the sole purpose of having it available to defend yourself should the need arise. You have then pre empted a situation and your response to that situation. Self defence is a reaction when a situation arises that either your life or another person in the immediate vicinity and time period is in danger and that danger would materialise in death or serious injury should you not act. It would not matter what weapon you were to use, even if it was a controlled weapon, if that was the only means available to you to prevent death or serious injury occurring to you or someone else but also under threat in the same vicinity and time frame.

The burden of proof then rests with the prosecution to negate that the action was not self defence and went further than self defence and in fact the means used were excessive in what was required to repel the attack. Blowing someone's head off because they threatened to kick you is an example. One of the tests is what did the person being attacked perceive not what did someone sitting in their lounge chair at home watching the news think they would have done in a similar situation.

There is no need to hire Queen's Counsels and have bottomless pockets. First year students learn this doctrine on day one of criminal law. It appears about half way down page one, straight after actus reus and mens res.

 


 A long time ago, back in the 60's, a friend of the family was a builder. He was able to justify a hand gun to protect the large sums of money that he sometimes carried. I wonder if this is still a justified reason to own a hand gun?

Edit: changed 'carry' to 'own'.



-- Edited by Buzz Lightbulb on Monday 30th of May 2022 12:45:29 PM

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I can't recall any time when Joe Citizens has legally been able to carry a gun, knife, cricket bat or anything else for personal protection. Only ones able to carry gun were law enforcement officers and security such as armoured car personnel transporting money and the likes. You had to qualify and be licensed. But at the start of the 60's I was 3.

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>I just like disagreeing with you

Likewise, my friend, likewise :)

I accept what you say, above, in regard to the law is correct however it is a theoretical perspective which may be of fascinating interest to argue in a courtroom but not much use to the poor bastard faced with a junkie with a knife. Courts will not, without question, accept *my* perspective of the threat facing me, instead they will make an assessment of whether my perspective was "right" or, at best, reasonable. Therefore I have to make a, more or less, perfect judgement in a situation in which it is generally impossible to so do.

I put it to you Dmaxer :) - that about the only time I could get away with using a firearm for self defence in Australia is were I to be on a shooting range with a loaded gun innocently going about target practice and someone attacked me and said (before witnesses) "I'm going to kill you Harding!" whilst brandishing a large knife and/or a firearm.

In almost any other situation the presence in my possession of a loaded firearm (or any other weapon) would indicate premeditation and guarantee my conviction.

And, of course, the concept of understanding an attacker is hell bent upon murder and then finding the keys to the gun safe, removing a firearm, finding the keys to the, seperate, ammunition safe, removing the correct ammunition and loading said firearm before confronting said attacker seems unlikely to secure my safety. This, I suppose, is why police officers carry a loaded firearm on their hip.

So I stand fast on my argument that the "practical" concept of using a firearm for self defence in Australia is absurd.



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Unless the person about to, or in the process of killing you is armed with a gun, why do need to have one to defend yourself Mike? A lump of 3 x 2 or a bit of biffo is usually adequate. How remote is the possibility that someone is going to shoot us. If we are all strutting around with a handgun the odds would dramatically increase I would think.

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I'm not a lawyer so I don't know the terms to use but I've always thought that one can use reasonable force to protect oneself. For example, if you are black belt karate expert you are NOT allowed to use your karate knowledge to protect yourself against an unarmed attacker. Similarly you can't use a knife to defend yourself against an attacker who doesn't have a knife and you can't defend yourself with a gun against an attacker who doesn't have a gun.

 

Also, if the attacker is running away from you you can't chase them down the street and keep hitting them.



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DMaxer wrote:

Unless the person about to, or in the process of killing you is armed with a gun, why do need to have one to defend yourself Mike? 


Oh Dmaxer! Do I really need to roll out the "little old lady" scenario for you?



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"I beseech you in the bowels of Christ think it possible you may be mistaken"

Oliver Cromwell, 3rd August 1650 - in a letter to the General Assembly of the Kirk of Scotland



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If you ever find yourself in that situation Mike why not sing a few lines of What the World needs now by Jacki Deshannon or alternatively hold up a photo of the new leader of the opposition.

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I'll give it a try Dmaxer :)



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"I beseech you in the bowels of Christ think it possible you may be mistaken"

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In mid 1960's when I was 17-18, I was allowed to carry a pistol(browning semi auto in coat pocket) down the main street in Stanley. We used to walk a box of money from the bank to the post office. Have nfi what would have happened if anyone would have tried to take it off us though.

The local copper used to take us for safety training and target practice twice a year.

I imagine laws have changed on that now as well.

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Gundog wrote:

 But this mass shooting is predominatly from 2000 to the present,

One common thread on school shooting is, there are carried out by predominatly teenagers (Millennials and Generation Z), could this be related to the left wing invasion of the teaching profession, Wokeism and the Cancel Culture, where its all about childrens right and not about discipline, manners and respect.


The epidemic of school shootings in the USA is mostly agreed to have started with Charles Whitman in the Uni of Texas tower sniper like attack on that campus, in 1966.    Lots of school shootings since then predate 2000, for example, the Columbine Massacre in 1999.     So, the USA has had the problem long before so called Wokeism, Cancel Culture, the proliferation of Social Media, and iPhones.

    The purpose of the US Second Amendment was to embed in the community, suitably armed citizens so that an armed militia could quickly be raised in the event the Free State should need to be defended.    The USA now has several branches of professional, armed military entities making any need for an armed, properly regulated, militia, unnecessary.    The next move on the Second Amendment will likely be grounded on the argument that the amendment was a valid protection, at the time, but is currently obsolete and should be rescinded.

If the USA simply tidied up their constitution, even the most basic and commonsense regulations around access to weapons for the mass shootings of children and ordinary citizens could be quickly enacted.



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Semi-permanent state of being Recreationally Outraged as a defence against boredom during lockdown.



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An interesting article on this matter by Ayaan Hirsi Ali - the comments are also well worth reading:

Article on Unherd



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"I beseech you in the bowels of Christ think it possible you may be mistaken"

Oliver Cromwell, 3rd August 1650 - in a letter to the General Assembly of the Kirk of Scotland



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Today.
Only 2 shootings with 6 people dead.
Some will say that's a good day.
Some will say that's a normal day.
Some will say nothing.
Things will go along as usual

So far this year 240 something mass shootings this year, another half year to go.



-- Edited by Corndoggy on Monday 6th of June 2022 06:37:55 PM

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Drones with tasers for American schools.

https://www.abc.net.au/news/2022-06-06/ethics-panel-members-resign-axon-taser-drones-mass-shootings/101129270

 



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The origional question Why? 

The simplist answer is because the gun is ingrained into the American culture, in the 21st Centuary the National Rifle Association would be the biggest lobby faction in the USA, which can deliver huge pressure upon individual canditates to support current laws.

I have a mate who moved to US 8 years ago, in the first 12 months he purchased a pistol for himself and one for his partner, he has also purchased a number of long arms. He is a member of the NRA, He and his wife take their young son to shooting ranges in AZ and shoot targets and blast away with $hit loads of ammo.

So why should he surrender his guns and enjoyment because of others, Here in Australia we very restrictive gun laws but somehow the crims have them.



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