http://www.scstatehouse.gov/sess122_...8/bills/21.htm
Thank Christ the government is here to tell me this is ok...
http://www.scstatehouse.gov/sess122_...8/bills/21.htm
Thank Christ the government is here to tell me this is ok...
It's coming right for us.
Well thank God we have the senate.
"This is My commandment, that you love one another as I have loved you." John 15:12
"Strive for peace with everyone, and for the holiness without which no one will see the Lord." Hebrews 12:14
I swar this hyere eyulk wuz a trine ta keel muh dawg.
Blackducks have been known to gang up on a man.
What about feral looking people?
Campsen is a dumb ass pussy.
This law is going to do a number on some coastal bears.
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I can see some "trespassing" dogs being shot in "self defense". Any animal means just that.
I'm glad they passed this. I had a whole pack of wild squirrels try to get me, but I was quicker than they were.
Fish can get aggressive too....
Thank goodness the government has given me permission to defend myself in the event a wild animal was trying to kill me.
Prior to this law I would've asked myself, "What would Griff do?"
Last edited by scatter shot; 12-15-2016 at 07:45 AM.
One would hope DNR law enforcement would use discretion in prosecution.
One would also hope a jury would use reason.
But I remember what happened the last time someone promised hope and change.
Either write things worth reading, or do things worth writing.
DT, here's the proposed law in all its glory:
"Section 50-11-108. (A) It is lawful for a person to kill or attempt to kill an animal when the act otherwise would be a violation of Title 50, if the person satisfies the requirements of subsection (B).
(B) A person is entitled to the defense established by subsection (A) only when:
(1) the person raising the defense acts for the purpose of self defense, defense of another person, or defense of a domestic animal; and
(2) either:
(a) the person raising the defense, the other person, or the domestic animal actually was in imminent danger of sustaining serious bodily injury or losing his, or its life; or
(b) the person raising the defense reasonably believed he, the other person, or the domestic animal was in imminent danger of sustaining serious bodily injury or losing his, or its life.
(C) A person who kills or attempts to kill a big game animal or alligator pursuant to subsection (A) immediately must report the incident to the department. No big game animal or alligator taken as provided for in this section may be retained by the person or persons taking the big game animal or alligator. The big game animal or alligator carcass must be surrendered to the department. Failure to report the incident or surrender the carcass is a misdemeanor and, upon conviction, may result in a fine of up to one thousand dollars.
(D) A person is not entitled to the defense established by subsection (A) if he kills or attempts to kill a deer."
SECTION 2. This act takes effect upon approval by the Governor.
Putting aside the hilarity that a lawmaker would even dream up the need for such a farcical law, the law as written actually creates at least two problems that I see:
1) it seems to deviate from traditional principles of self-defense by allowing either a purely subjective belief (B(2)(a)) or an objectively reasonable belief (B(2)(b)), as opposed to both. Normally, if you subjectively believe that deadly force is warranted, it must also be an objectively reasonable belief. At the very least, the law is confusing on this point b/c B(2)(a) does not use the term "subjective belief" or "actual belief," though I do read that section to be directed at that traditional self-defense principle.
2) Section (D). Perfect example of creating a problem where there is none. In the unlikely event that a crazy deer tries to tangle with me out of season, I am now affirmatively prohibited from raising self-defense as a defense. In other words, it looks like I'm strictly liable for a game violation in that scenario.
Last edited by LC17; 12-15-2016 at 11:03 AM.
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