Originally posted by Matteo Escobar
I think that as long as you don't do something for the COPS to give you a pat down carry whatever you want. If you actually had to use it for a legitimate reason, nothing else would matter. I have never broken the law, and I have never been patted down. Do you see my reasoning? How are they going to find the knife and prosecute you unless you have broken the law?
I understand what you're saying, and to an extent I agree. I have been in that kind of a situation, where I carried what I was not "supposed" to carry (by law, anyway, if not by morality) and the rationale was that I'd care more about surviving the threat, first, and *then* about answering for exactly how I did and what means I used.
But tell that to the guy who came from Florida, I think it was, to New York. He didn't have a permit in NY for a gun he was legally allowed to own in Florida. He used it to defend his 2-year-old son's life and now he is facing charges for possessing the gun. It's now a big hassle for him. Does that kind of a law mean that you get only one shot at using a prohibited weapon to save your own life, because after you survive, you're simply going to jail for having the tool necessary to do the job??
Unfortunately, it sure looks like it.
I can see a person charged with such a "crime" as having an unlicensed gun (or a banned knife) that clearly saves his life put on the stand at trial. Just how could a prosecutor look you in the eye and tell you that you did wrong to have the tool that you used to save your own life from someone who would otherwise have taken it? Do they stand there and tell you that rather than have the right defense, you should have just capitulated to the attack?:
Prosecutor Dumbo: Mr. Smith, what were you doing with this evil-looking, deadly assault knife, this..."MOD Razorback"?? Don't you know this knife is banned here in the Commonwealth of Massachusetts because it is SO lethal?!
Mr. Smith: Well, that's exactly why it saved my life!
Prosecutor Dumbo: But the law says you should not have had it and that's why you're on trial here today, Mr. Smith, because *YOU* feel you are somehow above the laws of this commonwealth! Are you, Mr. Smith?
Mr. Smith: If I had not had that knife to kill the perpetrator of the attack against me and my wife, who spent two weeks in the hospital recovering from her injuries, the two of us would almost surely have been murdered. Is that preferable to you, Mr. Prosecutor, over my having a "lethal assault knife"?
Prosecutor Dumbo: Well, at least you could have died like a law-abiding citizen! Now you're just a criminal.