I have mentioned on some of the other forums that there should be a Good Samaritan law to protect us from undue civil liability. It seems that nowadays many are hesitant to get involved because they are worried about being taken to court. Some places will prosecute you if you are there and don't help, where others try to nail you for using your CCW, when it is clearly warranted. When people who learned first-aid and CPR started getting sued for saving peoples' lives, GS laws were set up so they were protected from civil suit. I think we should try to see about getting some legislation passed that would prevent us from being sued when we use our CCW's for legitimate reasons. Currently we can be ruined financially by the family of the criminal that we may shoot when saving a life or stopping a rape. What do you guys think about this idea? Should we try and get this type of law passed? I know, I would feel alot more secure knowing that if I used my weapon to protect my wife, from an armed rapist, I wouldn't have to worry about my children going poor from defending myself from a frivalous law suit.
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Law to protect CCW holders
- Thread starter MEDDAC19
- Start date
I agree completely.
If you have been cleared of any wrongdoing by the court, then the possibility of civl action should be denied.
As was stated on the other posts, there are too many cases where the family of the pepatrator sues the person who took action to stop a crime.
If they don't like it, don't do the crime.
It really disapoints me that judges even consider these cases.
If you have been cleared of any wrongdoing by the court, then the possibility of civl action should be denied.
As was stated on the other posts, there are too many cases where the family of the pepatrator sues the person who took action to stop a crime.
If they don't like it, don't do the crime.
It really disapoints me that judges even consider these cases.
Is that true? Some places will actually prosecute you if your there and do NOT help??? Wow..... damned if you do, damned if you don't.MEDDAC19 said:Some places will prosecute you if you are there and don't help, where others try to nail you for using your CCW, when it is clearly warranted.
Yes, it is true. I forget the particulars, but I recall a woman who was gang raped in a bar on a pool table. The other patrons, in an other room were charged or sued for standing by and letting the rape occur. Most of their lame excuses were that they thought that she was play acting a fantasy. I don't think that any were found guilty but, in my opinion, they should of all spent some time with Bubba in a prison!
I agree in general principle, but here's the problem...
Comparing First-Aid & CPR is a bit of a red herring.
In this case, you're instructed to do specific things and the good samaritan laws protect you if you do what the red cross teaches. Step outside the teachings and you CAN be sued if someone is injured or dies.
In using a firearm, there are so many variables and decsion points with no certain rules that each case has its own merits and peculiarities. An example is to ask any 10 people including 3 LEOs about a particular scenario and you'll get any number of answers on what you should do.
Also, in a civil trial, you can get the short end of the stick on a "preponderance" of evidence which is well short of "beyond a reasonable doubt" required in a criminal trial.
Comparing First-Aid & CPR is a bit of a red herring.
In this case, you're instructed to do specific things and the good samaritan laws protect you if you do what the red cross teaches. Step outside the teachings and you CAN be sued if someone is injured or dies.
In using a firearm, there are so many variables and decsion points with no certain rules that each case has its own merits and peculiarities. An example is to ask any 10 people including 3 LEOs about a particular scenario and you'll get any number of answers on what you should do.
Also, in a civil trial, you can get the short end of the stick on a "preponderance" of evidence which is well short of "beyond a reasonable doubt" required in a criminal trial.
That gang rape you describe sounds like a movie with Jody Foster...... can't remember the name.
Yes in that situation I can see how those people should be prosecuted in some fashion.
But with regards to firearms in certain situations one may not feel it's safe to act and therefore will not. I'm not sure we should condemn someone for beign precautious. AT the very least they should contact local LE and not idley sit by and let it happen, but to fault someone for not drawing their weapon I think is wrong.
Yes in that situation I can see how those people should be prosecuted in some fashion.
But with regards to firearms in certain situations one may not feel it's safe to act and therefore will not. I'm not sure we should condemn someone for beign precautious. AT the very least they should contact local LE and not idley sit by and let it happen, but to fault someone for not drawing their weapon I think is wrong.
Yes!
I believe this is something that should be done for sure... Florida just passed a law allowing citizens to protect themselves and others w/o the fear of prosecution.
The point is I beleive this is something that is needed and can be accomplished with the right motivation.
We should see what would be needed to get the process started and get some volunteers to help out. We could even have fundraisers to get donations to help us advertise and spread the word to the whole country.
I am a graphics a video specialist with extensive web design, video, and graphics experience. I would be willing to donate my time and design skills for the cause... I don't know what i could offer monitarily but the value of the work i can do for the cause far,far out weighs what i could contribute financialy.
If there are other people who are interested in truly starting an organization with our goal in mind feel free to email me at vmediajs@yahoo.com
And as lame as this sounds, If there is anyone here that owns a business and needs some graphic, print, web, or multimedia work done. Please contact me and i would be willing to do the work for trade of firearms and ammo, any cash i would be willing to put into a fund for the sole purpose of starting this campaign. I am completely serious. Email me and i will give you my personal contact information and we can discuss your needs and the needs of the campaign.
I also have samples and great references for you to contact and verify I am completely serious and honest.
I believe this is something that should be done for sure... Florida just passed a law allowing citizens to protect themselves and others w/o the fear of prosecution.
The point is I beleive this is something that is needed and can be accomplished with the right motivation.
We should see what would be needed to get the process started and get some volunteers to help out. We could even have fundraisers to get donations to help us advertise and spread the word to the whole country.
I am a graphics a video specialist with extensive web design, video, and graphics experience. I would be willing to donate my time and design skills for the cause... I don't know what i could offer monitarily but the value of the work i can do for the cause far,far out weighs what i could contribute financialy.
If there are other people who are interested in truly starting an organization with our goal in mind feel free to email me at vmediajs@yahoo.com
And as lame as this sounds, If there is anyone here that owns a business and needs some graphic, print, web, or multimedia work done. Please contact me and i would be willing to do the work for trade of firearms and ammo, any cash i would be willing to put into a fund for the sole purpose of starting this campaign. I am completely serious. Email me and i will give you my personal contact information and we can discuss your needs and the needs of the campaign.
I also have samples and great references for you to contact and verify I am completely serious and honest.
If someone knows of a case or state where a CHL/CCW holder has been prosecuted for NOT getting involved, I'd like some information on it.
Keep in mind, folks, that you can be prosecuted for not only acts that you commit (which are illegal) but for OMISSIONs too (failure to do something required of you). For instance, if your state laws require you to report minors attempting to buy tobacco or alcohol and you fail to report an observed incident, you could be prosecuted, especially if the minors hurt themselves or others.
That said, I don't know of ANY state that requires citizens to aid someone who the victim of a crime. Some states may require you to at least report it, but none I'm aware of require you to intervene. Less likely is that a state would require someone toting a gun to jump into the mix.
Keep in mind, folks, that you can be prosecuted for not only acts that you commit (which are illegal) but for OMISSIONs too (failure to do something required of you). For instance, if your state laws require you to report minors attempting to buy tobacco or alcohol and you fail to report an observed incident, you could be prosecuted, especially if the minors hurt themselves or others.
That said, I don't know of ANY state that requires citizens to aid someone who the victim of a crime. Some states may require you to at least report it, but none I'm aware of require you to intervene. Less likely is that a state would require someone toting a gun to jump into the mix.