This is what i am getting out of it however with the business clause one could argue how do those folks get their firearm to their buisness???
While it is total BS I don’t see it holding up in court if it doesn’t get dismissed first.
Remember folks Prosecutors don’t need “beyond a reasonable doubt” to charge you and run you through the court they just need to win. And bankrupting you they sort of win if they don’t like guns!!!
A lot of folks go on a mount Qualified Immunity but what really needs revamped is Absolute Immunity that nobody hears or talks about. Absolute Immunity is what protects Judges and Prosecutors when they abuse their power when at they charge people for BS!
there was an owner of an electronics/gun store here decades ago.
he was sick and tired of his shop getting broken into.
he stayed at the business, in the backroom, sleeping on a cot. he had some food, and a place to wash.
this one time, someone broke in, and he shot the burglar.
the owner was charged with "lying in wait"
he won his defense case, in the end.
this is what i could find, and i remember this incident all too well...
UPI ARCHIVES
AUG. 4, 1988
Grand jury clears gun shop owner in homicide
By SARAH KOCH
PROVIDENCE, R.I. -- A grand jury refused Thursday to indict a gun shop owner who set up a cot in his store after two burglaries, then shot and killed an intruder who backed a car through the storefront and came at him with a pipe.
The statewide grand jury returned no charges against Donn C. DiBiasio, 59, an outspoken opponent of gun control in Rhode Island who police charged with murder in the July 20 shooting of Wayne Costa, 23, of Providence.
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Attorney General James E. O'Neil said he agreed with the decision, adding that DiBiasio's arrest record would be wiped clean and his mug shot and fingerprints destroyed.
'We shouldn't extend this to believe that we're living in the Wild West,' O'Neil said. 'He acted in accordance with the laws that apply to self-defense.'
'I feel super,' said DiBiasio, of Smithfield. 'I feel like the weight of the world has been lifted off my shoulders.'
According to police, DiBiasio was in his Providence shop, D-B Guns and D&B Electronics, about 10:30 p.m. along with a cot with bedding and a loaded gun.
The business had been broken into twice within two weeks of the shooting, and both times the culprits crashed a car through the storefront, grabbed merchandise inside and ran, police said.
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DiBiasio said he was watching the Democratic National Convention on television when the car rammed through the aluminum-and-glass storefront and an intruder darted inside and came at him.
'I told him to stop,' DiBiasio said. 'He swore at me and he had in his hand what I thought was a gun. I told him to stop again, that I had a gun. He continued to come. I shot him. He continued to come. At that point I shot until the person fell.'
'I don't have a comment right now,' Costa's brother, Jerome, said. The day after the shooting, the victim's mother predicted DiBiasio would not serve 'one day on account of Wayne has a record and he's black.'
Police found Costa dead on the store floor, a length of pipe close to his hand, officials said.
Authorities charged DiBiasio with murder hours later, stating the bed in his shop suggested evidence of premeditation.[/U]
DiBisasio had been free on personal recognizance since his July 21 District Court arraignment.
He insisted that he tried on July 18 to arrange for increased police surveillance of his shop, but was told he would have to speak with Chief Walter Clark, who would not be available until July 22. He said he then felt he had no choice but to stay in his business overnight.
A grand jury refused Thursday to indict a gun shop owner who set up a cot in his store after two burglaries, then shot and killed an intruder who backed a...
www.upi.com
and this
In the state of Rhode Island, there are several different types of conduct that constitute first-degree murder. One of these, felony murder, has been previously discussed in our blog. Another type of first-degree murder is known as "premeditated murder." The Elements of First Degree Premeditated...
www.krbarrettlaw.com
www.yahoo.com
