At War

@High Seas,

Wrong.

I stated that if you produce a gun, there are people who will put you in the position of either using it, or suffering the consequences. Not all of them, but definately some.

Also,

Arella Mae wrote:

Thank you ehBeth. Johnny is home now so I am feeling a bit better. He is going to the Sheriff's tomorrow to do his statement and he'll find out how long this guy is going to be in jail. I'll probably be okay as long as I know he's in jail.

Thomas, honestly, I could not agree with you more! The thought of me even pointing a gun at someone goes totally against everything in me. Now, could I do it to protect my animals, probably. I am going to talk to Johnny about this.

'probably' and 'pointing' is not quite the same as 'wouldn't hesitate to shoot'. I have reservations about her carrying a gun, and don't think I have much of an anti-gun reputation around here.

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Arella,
I re-iterate: CALL the FBI
and report "a felon in possession of a firearm"
and explain everything that happened.

Thay CARE about federal felonies.
TODAY woud be a good day for it.

David

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I just talked to Johnny. He got the restraining order and we will start moving the horses tonight. David, I'm calling the FBI right now.

I called the FBI in New Orleans. Closest one to me. She said it is not their jurisdiction, but it would have been different had they found the gun when they arrested him. She said get a restraining order, told her we did. So I guess we just have to deal with it locally.

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@Arella Mae,

Arella Mae wrote:

..... David, I'm calling the FBI right now.

Stop! Call your sheriff FIRST, tell him to call himself - David is a friend of mine, and a distinguished lawyer / retired judge, but the Feds will NOT respond unless called by local police - and once you've been classified as some hysterical female out in the sticks (no offense) your sheriff will have trouble calling.

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@High Seas,

Rut ro! I already called but I wasn't hysterical. I told the agent that someone had suggested I call and that I wanted to cover all of my legal bases. So, if the Sheriff calls then they might get involved?

I will tell Johnny that and he can go talk to the Sheriff tomorrow.

David is a retired judge? Wow! I knew he was a lawyer but I didn't know he was a judge.

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@Arella Mae,

Arella,
Please accept my condolences for your losses of Freckles and Tippy.
Their souls live on in bliss.

Altho my taste has never run toward shotguns,
I must admit that Rap was correct in his advice.
Aiming a shotgun is like aiming a flashlight (except that thay kick worse).

David

1 Reply

@Arella Mae,

Yes, you did the right thing, both of you, and yes, David is a distinguished jurist but since I know him personally there's no more I'm allowed to say on his background, and yes, local sheriffs and police departments don't want to call the FBI unless it's necessary - too much paperwork to fill in, loss of face, etc.

Have to run, Arella - once again wish you and yours all the best Smile

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@OmSigDAVID,

Thank you David. You are kind as always. In a way, I am glad to know what probably happened to Tippy. I worry when I don't know. I think it was about two weeks ago now that I was absolutely devastated that Racer and Miracles up and disappeared one day. They were there one minute and gone the next. I called and called for them. We searched the woods, everywhere, called Animal Control, radio stations, etc. They were only about six weeks old and I couldn't stand the thought of them being out there alone. A couple of days later, I walked outside and Racer was back! I was so happy but Miracles was still gone. Miracles is a miracle as far as I am concerned. I know that puppy was dead the night he was born. He was not breathing and liquid poured from his mouth and nose. I wrapped him up in that towel and we were going to bury him the next day. I woke up a couple hours later and went to check on Tiny and her pups and Miracles was crying! Miracles is the largest of the three puppies and he knows his momma loves him like there is no tomorrow. He is short, fat, has no neck and he's fuzzy whereas Racer and Bubba have long legs, long necks, and sleek and shiny hair. I worried so much the days he was gone but he came home. Johnny put him in my arms waking me up and I was in heaven! I know to some of you it might seem crazy that I love these animals like I do. I never had children. Johnny either. These animals to us are orphans that needed a home.

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I am leaving work a bit early. We are soooooooooo slow and I am pretty wiped out. Thanx so much everyone. Your advice and support has been great! I'll keep you updated.

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@raprap,

raprap wrote:

Not just a gun, a shotgun. A 12ga loaded with #5 shot has more knockdown power than any handgun at close range, like inside a house. A shotgun has the added advantage that it isn't difficult to aim (point) and it loses power quickly (it won't be a hazard to neighbors).

I also hope you've entered the numbers of the local police departments and EMTs on your telephone speed dial.

Rap

This is the very 1st opportunity for me to agree with Rap and give Rap a thumbs up... I sincerely hope it's not the last opportunity do so.

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@Arella Mae,

that's so sad!

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@Thomas,

msolga wrote:

Using a gun against him is not going to help matters at all. Not from Arella's point of view.

Thomas wrote:

My concern actually was that Arella isn't ready to use the gun, but carries it anyway. The last thing we want is this creep ending up with her .32 in his hands. And the second-to-last thing we want is that Arella go to jail for killing a human to protect an animal. (Shooting a human in self-defense is legal; shooting him in defense of an animal is not. . . .)

I have never been admitted to practice law in the State of Louisiana,
nor have I ever studied the law of that State.
Unlike Thomas, I will not be so adventurous
as to render an opinion of what is not legal
under the Castle Doctrine of Louisiana.

David

1 Reply

All is well this morning. Quiet all night. We are moving the horses and hoping some friends will take in a dog or two. I am praying this guy is smart enough to just let it all go. Johnny and I had a long talk about precautions he is taking and I was able to get some sleep last night.

Everyone, thank you so much for your support and concern. I really appreciate it.

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@OmSigDAVID,

OmSigDAVID wrote:

I have never been admitted to practice law in the State of Louisiana,
nor have I ever studied the law of that State.
Unlike Thomas, I will not be so adventurous
as to render an opinion of what is not legal
under the Castle Doctrine of Louisiana.

Then perhaps you shouldn't have encouraged Arella to carry her gun and potentially use it. Uncertainty cuts both ways.

Apart from that, I agree with the great legal scholar Bob Dylan. He once observed that "you don't need a weatherman to know which way the wind blows". Likewise, you needn't belong to the Louisiana bar to know if you can commit homicide in defense of your dog. You merely need to look up Louisiana's Castle Doctrine on the State of Louisiana's website. Then you'll see it state explicitly that homicide isn't covered: "this Section shall not apply where the force or violence results in a homicide." (Here is the source again.) Granted, this is not enough for a legal brief, but it does an adequate job of informing a citizen's decisions in the real world.

1 Reply

@Arella Mae,

Arella Mae wrote:

Johnny and I had a long talk about precautions he is taking and I was able to get some sleep last night.

Glad to see you're doing a little better!

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@Thomas,

Thank you, Thomas. I'm still a bit scared but the level of it has gone way down. We will be moving the rest of the horses and JJ tonight and I'll feel a lot better then.

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@Thomas,

OmSigDAVID wrote:

I have never been admitted to practice law in the State of Louisiana,
nor have I ever studied the law of that State.
Unlike Thomas, I will not be so adventurous
as to render an opinion of what is not legal
under the Castle Doctrine of Louisiana.

Thomas wrote:

Then perhaps you shouldn't have encouraged Arella to carry her gun and potentially use it. Uncertainty cuts both ways.

Its better to be tried by 12 than carried by 6. ( Witness Freckles.)
Every predatory event is a contest of power.
Ideally, Arella shoud be able to CONTROL any predatory emergency that arises.
U advocate helplessness in the face of danger. That is unwise.

Thomas wrote:

Apart from that, I agree with the great legal scholar Bob Dylan. He once observed that "you don't need a weatherman to know which way the wind blows". Likewise, you needn't belong to the Louisiana bar to know if you can commit homicide in defense of your dog. You merely need to look up Louisiana's Castle Doctrine on the State of Louisiana's website. Then you'll see it state explicitly that homicide isn't covered: "this Section shall not apply where the force or violence results in a homicide." (Here is the source again.) Granted, this is not enough for a legal brief, but it does an adequate job of informing a citizen's decisions in the real world.

I recommend that Arella be advised
by the analysis of local, experienced professional counsel in this matter,
not by on-line legal tips.

David

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@Arella Mae,

Arella Mae wrote:

All is well this morning. Quiet all night. We are moving the horses and hoping some friends will take in a dog or two. I am praying this guy is smart enough to just let it all go. Johnny and I had a long talk about precautions he is taking and I was able to get some sleep last night.

Everyone, thank you so much for your support and concern. I really appreciate it.

If I were your neighbor,
I 'd be more than happy to have a dog of yours
as my guest for a while.

David

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