Don't road rage in Missouri

In reply to JoeyM:

I study Missouri law, so I cannot speak for any other states law system nearly as well. The "castle doctrine" in Missouri states that a vehicle IS part of the castle and therefore may be protected in the same manner.

For instance, if the man got out of the car to confront the cyclist, he is no longer governed under what we call "castle law," but simply the right to protect himself, family members, or anyone else none-the-less.

Another part where people are confused is law regarding concealed carry. Concealed carry has nothing to do with protecting yourself with a gun, but the right to conceal a weapon.You may still protect yourself with any weapon in Missouri even if you don't have a CCW, but you may be committing a misdemeanor. Missouri is also an open carry state. No permit required if the weapon is visible upon your person.

N Sperlo wrote: I study Missouri law...

And yet you couldn't find the relevant law citations yourself, and had to have them given to you just a few posts back...

In Hollywood speak, seems you've jumped the shark now.

N Sperlo wrote: In reply to JoeyM: I study Missouri law, so I cannot speak for any other states law system nearly as well. The "castle doctrine" in Missouri states that a vehicle IS part of the castle and therefore may be protected in the same manner.

Fair enough. I can only speak for what I'm aware of for FL, and that's from the relatively less informed position of a owner/carrier; i.e. I don't study law or criminal justice.

Missouri is also an open carry state. No permit required if the weapon is visible upon your person.

Yeah very unlike FL in that regard. We can only open carry to or from target practice, hunting or fishing
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html

Jake wrote: Hint: don’t road rage ANYWHERE. Many, many people are idiots. Some people are armed, legally and otherwise. There is overlap there, so there are, in fact, truly dangerous armed idiots out there running around. Road rage is a great way to get somebody hurt over something completely inconsequential. Rant over.

You would not believe the number of cars I get into which have a solid weapon, such as a nightstick, broom handle, kid's baseball bat or (as in my case) real big aluminum flashlight in close proximity to the driver. They don't necessarily have to have a gun to berkeley you up. Best thing to do is let the shiny happy person go.

UPDATE:

This report differs quite a bit from the police report that is over 75 pages long and includes over 50 reports from witnesses backing up the shooter.

After hearing this side of the story, I think the name of this thread should be changed to:

If you're going to bike like an shiny happy person, swerving in and out of traffic, don't bang on the window of a car that "cut you off" while you were speeding and proceed to punch the driver because after that second punch he just might take that as a threat and ventilate you.

The biker threatened to sue the shooter on the news. Missouri law made that next to impossible and he decided it wasn't in his best interest.

foxtrapper wrote:

N Sperlo wrote: I study Missouri law...

And yet you couldn't find the relevant law citations yourself, and had to have them given to you just a few posts back... In Hollywood speak, seems you've jumped the shark now.

If I'm 70, and the guy I just got into a traffic altercation is coming at me (assuming I was dumb enough to not leave...maybe stuck in traffic?), you can bet I'll let a jury decide if I was brandishing or not, before I let a jury decide if I should have shot the guy (or if he should have shot me).

Also, citing a cop for law knowledge and interpretation? If he didn't become a lawyer or a judge after his 20 year stint, he's not speaking from a position of expertise. And even then...

Osterkraut wrote: Also, citing a cop for law knowledge and interpretation? If he didn't become a lawyer or a judge after his 20 year stint, he's not speaking from a position of expertise. And even then...

Expertise in law? Fiddlesticks!

Meh, they were both spitting at each other. No heroes here.

Lesley wrote: Meh, they were both spitting at each other. No heroes here.

Not true. Like I mentioned. The true story is quite different. The article is WAY off base. (I really wish I could delve more into it because I find it interesting, but for privacy sake, I will not.)

Don49 wrote: Lots of assumptions here. I am 66, in good physical condition and have martial arts training. If you try to punch me, I might just break your arm. In any case, the best course of action is always to avoid the confrontaion if possible.

Hapkido?? Rule #1 of Martial arts "Get out of the way" turn2 who doesn't post much, and is my instructor

Tell you what: if I was in the car, was stuck in traffic so I could not get away, then some asswipe started pounding on my window yes there is a VERY good chance I am going to take extreme steps to proptect myself. Doesn't matter if I was originally 'at fault' or not.