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View Diary: Dumbass Police Chief Kessler threatens public official: 15 minutes about up. (113 comments)

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  •  I don't disagree with the sentiment (0+ / 0-)

    The question in my mind is how to do it within the bounds of the Constitution.

    I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

    by ccyd on Wed Aug 28, 2013 at 10:09:10 AM PDT

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    •  If the people he's threatened get (5+ / 0-)

      a restraining order against him, he can be disarmed without being convicted or locked up. And his threats would certainly move me to get him restrained. He's clearly a danger to society, loudly self-professed and if there is no law that keeps firearms out of his hands, there damm well should be.
      Or do we have to wait until he actually kills someone, because he has the "right"? What about the rights of those he threatens?

      If I ran this circus, things would be DIFFERENT!

      by CwV on Wed Aug 28, 2013 at 10:20:14 AM PDT

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      •  Assuming that a restraining order could be issued (0+ / 0-)

        I doubt that it could take all his gunz away.  Most of the orders I have seen restrict contact and create a buffer zone, but do not take potentially dangerous weapons away.

        Or do we have to wait until he actually kills someone, because he has the "right"? What about the rights of those he threatens?
        I don't recall making the argument that he has the right to threaten people.  We don't live in the age of the Minority Report.  You can't lock someone up for a crime he or she hasn't committed.  As for the rights of the people he threatened, there are always the civil courts, and there you don't even have to prove it beyond a reasonable doubt.  The legal standard there is a preponderance of the evidence.  The Restatement of Torts defines assault as:
        (1) An actor is subject to liability to another for assault if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and
        (b) the other is thereby put in such imminent apprehension
         In other words, if he threatens you and you get scared, it is a common law assault and the actor is liable for civil damages.

        I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

        by ccyd on Wed Aug 28, 2013 at 01:12:09 PM PDT

        [ Parent ]

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