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- Newsgroups: talk.rape
- Path: sparky!uunet!stanford.edu!CSD-NewsHost.Stanford.EDU!SAIL.Stanford.EDU!andy
- From: andy@SAIL.Stanford.EDU (Andy Freeman)
- Subject: Re: Store bought brew
- Message-ID: <1992Aug22.215948.18120@CSD-NewsHost.Stanford.EDU>
- Sender: news@CSD-NewsHost.Stanford.EDU
- Organization: Computer Science Department, Stanford University.
- References: <1992Aug21.085329.9621@uoft02.utoledo.edu> <1992Aug22.015529.4582@CSD-NewsHost.Stanford.EDU> <1992Aug22.012421.9638@uoft02.utoledo.edu>
- Date: Sat, 22 Aug 1992 21:59:48 GMT
- Lines: 60
-
- In article <1992Aug22.012421.9638@uoft02.utoledo.edu> dcrosgr@uoft02.utoledo.edu writes:
- >In article <1992Aug22.015529.4582@CSD-NewsHost.Stanford.EDU>, andy@SAIL.Stanford.EDU (Andy Freeman) writes:
- >> In article <1992Aug21.085329.9621@uoft02.utoledo.edu> dcrosgr@uoft02.utoledo.edu writes:
- >>>Regarding the debate over mace v. home brews, why not just get a
- >>>49 cent trial sie of WD-40 or similar product and carry that?
- >>>
- >>>Plus, it would be difficult to be prosecuted for.
- >>
- >> Not really. The DA merely establishes WHY it was being carried and
- >> then various weapons laws come into play. The DA makes a deal with
- >> the attacker (assuming best case, you're found out AFTER a justifiable
- >> use) for no time or maybe even conviction, who then happily helps send
- >> the WD-bandit up the river.
- >>
- >> A justifiable use does not imply justifiable carry.
- >>
- >> -andy
- >
- >From the legal expert himself. How, pray tell, are you, Mr. Prosecutor,
- >going to PROVE why someone was carrying a canister of WD-40???
-
- The same way they prove intent in other cases. It obviously isn't
- a significant burden, as they do it all the time.
-
- >Defense stands up, "Objection your honor. This line of speculation is NOT
- >relevant as it is not a crime to carry said item as a weapon of self-defense."
-
- It turns out that it may well be. For example, carrying a baseball
- bat as a weapon (even for self-defense) is different than carrying it
- for playing baseball. In one case, it's a forbidden club, in the
- other, it's sporting equipment, even though it's the same hunk of
- wood/metal.
-
- In particular, carrying noxious substances AS weapons is generally
- prohibited in CA. There's an exception for specifically approved
- Mace-like products under certain circumstances, but WD-40 isn't
- specifically approved as a weapon under ANY circumstances. If the DA
- can prove you carried it as such, you're hosed.
-
- While the "specific approval" process may differ, I suspect that other
- states have similar laws that would apply to WD-40.
-
- >but it is unlikely she would be proescuted for it as the DA would face a
- >SCANDAL like no tomorrow, further, and DAs YOU know willing to cut a deal
- >wiith a rapist to prosecute his victim for defending herself, but it is
- >NOT A CRIME FOR HER TO CARRY ANYTHING FOR SELF-DEFENSE NOT SPECIFICALLY
- >SPELLED OUT AS PROHIBITED BY STATUTE!
-
- Ah, but it is prohibited in CA. Moreover, DAs do pull this stuff.
- They prosecute victims who had the temerity to defend themselves and
- in doing so violated weapons statutes. Does Goetz ring any bells?
-
- >you KNOW I am going to correct you on legal matters.
-
- I know that you blow a lot of smoke.
-
- -andy
- --
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