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    1. Geriatric Member BRealistic's Avatar
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      09-15-2017 08:51 AM #101
      On fleeing the scene.

      Think about that for a monent.
      The threat was serious enough to shoot twice with your eyes closed, but not serious enough to contact the police.
      There is no logic to that, which puts their side of the story on shacky ground.
      As Adam Carolla would say, liar or stupid?
      When you claim to do something completely and totally illogical in an attempt to make yourself seem like the victim, don't expect others to believe your story.
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    3. Geriatric Member Air and water do mix's Avatar
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      09-15-2017 09:36 AM #102
      Quote Originally Posted by BRealistic View Post
      On fleeing the scene.

      Think about that for a monent.
      The threat was serious enough to shoot twice with your eyes closed, but not serious enough to contact the police.
      There is no logic to that, which puts their side of the story on shacky ground.
      As Adam Carolla would say, liar or stupid?
      When you claim to do something completely and totally illogical in an attempt to make yourself seem like the victim, don't expect others to believe your story.
      Okay, I'll finally pipe in here. I don't think she's getting off scott free, but I have my doubts about attempted murder. I agree wholeheartedly that she's lying, but it's likely that she's stupid, too. I think Adam Carolla would agree that one does not preclude the other. She just expects everyone else to be dumb enough to believe her lies.

      Was the guy shot a potential problem for her? Quite possibly, but if you're in a car and you get out of it and shoot someone when you could've just driven away, that's stupid and indefensible. She's in big trouble, she's been in this kind of trouble before and if she somehow gets away with this, she'll almost certainly be in big trouble again. Because stupid.
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      09-15-2017 10:11 AM #103
      Quote Originally Posted by NashGTI View Post
      Legal limit for carrying in TN is 0.0BAC same as most places. There is grey area with it in the vehicle but at least the class I took the teacher stressed to give your gun into the possession of someone else if you are going to drink even if it's in the car. The moment the gun came out of the car and not on her private property she would have been breaking the law if she was under the influence.

      It is not a gray area in regards to laws of open or concealed carry as she was not doing that when she left the car


      Notice how the story VERY clearly describes her loading the gun, most likely this was coaching by her father. This means she as not "carrying" since the TN laws specifically state loaded. Chances are she does not actually posses a TN license/permit.



      When she left the car she was brandishing*, the laws pertaining to carry no longer apply it is something else entirely.

      Lets use the example of if she was actually being car jacked. She has a gun in the car, has a carry permit and had a few drinks. Based on claims here if she was dragged from her car and being beaten, she grabs her gun but breaks the plane of her car door she is now outside her property, has a gun, under the influence and now a criminal defending herself.

      So stop with the nonsense about her breaking laws that didn't apply at the time. She broke laws, just having the gun out in a what seems to be a non self defense scenario one.. then USING it two is the big one here, not her BAC.



      *brandishing varies from state to state, in some just showing a concealed weapon by mistake picking up a box would qualify, others describe the act but never use the exact term brandishing.

    5. Geriatric Member BRealistic's Avatar
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      09-15-2017 03:42 PM #104
      Quote Originally Posted by chris86vw View Post
      It
      So stop with the nonsense about her breaking laws that didn't apply at the time. She broke laws, just having the gun out in a what seems to be a non self defense scenario one.. then USING it two is the big one here, not her BAC.
      .
      Just to clarify, you're saying that being under the influence of drugs or alcohol carries no added legal penalties when you do something stupid with a gun?
      We need a MADS.
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      09-17-2017 11:10 AM #105
      Quote Originally Posted by BRealistic View Post
      Just to clarify, you're saying that being under the influence of drugs or alcohol carries no added legal penalties when you do something stupid with a gun?
      We need a MADS.
      It very well may carry additional penalties, but the limit or the penalties in this instance have nothing to do with the restrictions imposed on someone with a carry permit because this has nothing to do with carrying.

      Think about the implications, you are home having a beer or glass of wine, someone breaks in and attacks you... nope can't defend yourself with the gun over there because you had a drink... Show me the state law that says you can't fire a gun under the influence. I'm not saying it is smart to do, just saying I don't know of a specific regulation so the people claiming that she should be charged with something.. what is it that she should be charged with?

    7. Member NashGTI's Avatar
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      09-18-2017 08:14 AM #106
      Unless she shot from inside her car or home, it does involve carrying the weapon in public. It might be splitting hairs to some, but I wouldn't be surprised in the least in a case like this as it possessing a weapon under the influence may well be the only charge that can stick in a case where it seems like a lot of wrong could have been done.

    8. Member Power5's Avatar
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      09-18-2017 08:24 AM #107
      Quote Originally Posted by NashGTI View Post
      Unless she shot from inside her car or home, it does involve carrying the weapon in public. It might be splitting hairs to some, but I wouldn't be surprised in the least in a case like this as it possessing a weapon under the influence may well be the only charge that can stick in a case where it seems like a lot of wrong could have been done.
      Reminds me of Ron White: @2:35



      Attempted murder is premeditated with the intent to kill. Somehow she premeditated going to the bar until 3am. Then upon leaving the plan was to wait for a bum to approach the car. And the last part of the plan was to shoot the bum with intent to kill. Pretty flawless plan I guess. I mean she clearly stated she was defending herself and only wanted to fire warning shots. This was most likely suggested by daddy to get attempted murder off the table. Because now the prosecutor will have to prove beyond reasonable intent that she was trying to kill the bum. So unless it comes out that he was trying to steal her gigs, I don't think she has motive to kill.
      Last edited by Power5; 09-18-2017 at 08:59 AM.

    9. I need new ones NeverEnoughCars's Avatar
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      09-18-2017 09:28 AM #108
      Quote Originally Posted by chris86vw View Post
      Think about the implications, you are home having a beer or glass of wine, someone breaks in and attacks you... nope can't defend yourself with the gun over there because you had a drink...
      But it would be like she went back to her house while drunk to get her gun to then go back outside to shoot the person that broke in...
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    10. Senior Member
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      09-18-2017 11:36 AM #109
      Quote Originally Posted by NeverEnoughCars View Post
      But it would be like she went back to her house while drunk to get her gun to then go back outside to shoot the person that broke in...
      I'm using an example that shows that you can defend yourself even when under the influence, it is not specific to this situation which as I said numerous times does not sound like self defense.

    11. Senior Member
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      09-18-2017 11:51 AM #110
      Quote Originally Posted by NashGTI View Post
      Unless she shot from inside her car or home, it does involve carrying the weapon in public.
      No it doesn't.

      Carrying in most places are VERY well defined, especially in places with only concealed carry.

      For starters she cannot carry PERIOD unless she has a permit/license.

      Second TN law for carry specifically pertains to how it is WORN.. not held.. WORN. Purses are usually included as worn.. never seen Worn include in your hand.

      So again the regulations related to the carry permit do not apply to someone who doesn't have one and according to the story was not carrying.. It was allegedly unloaded and in the car.

      Simply stepping onto the street does not mean carrying.



      It might be splitting hairs to some, but I wouldn't be surprised in the least in a case like this as it possessing a weapon under the influence may well be the only charge that can stick in a case where it seems like a lot of wrong could have been done.

      There is a statute that says you cannot be in possession while under the influence. If this were a true self defense case no one would be having any issue with her using the gun despite being under the influence.

      But what constitutes possessing under the influence? Are you saying that if you had a gun in your house and had a beer you are possessing? Are you saying that if you have a carry permit and you disarm because you are going into a bar you have 1 drink come out two hours later and are .00001 bac that if you are stopped for something that they should charge you with illegally carrying?


      throwing everything at it and see what sticks is nice in theory until you create a bunch of case law and screw everyone.

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