[QUOTE]Originally posted by shartley
While a paintball gun being randomly discharged toward me in normal course of play isn't considered deadly I would tend to believe that one leveled at me, by putting it to my throat, and accompanied by threats may constitute a threat to my life.
Everyone on the paintball field is trying to SHOOT everyone on the opposing team (and if you have a bunch of newbs, maybe even their own team
). The equipment was specifically designed to shoot people.
True, but then we get into the next element of the arguement. Designed to shoot people with what intent? The simple answer is the intent to get paint on the person so they stop playing. In this example, the standard intent has already been satisified, as the 2 people in question were both marked with paint and no longer playing. In this case the specific intent of the person with the paintball gun is to harm, and that's what sets this apart from normal play.
Sure it does, because in this instance I signed up to play paintball, and instead I'm getting a maniac threatening me with harm and gun. And he has physically threatened me by holding it to my throat.
It's hardly impossible (although not entirely likely) to justify that. Suppose your person with the hockey stick was threatening him in a convincing manner and clearly brandishing the stick as a weapon. In that case it would be possible for the other person to be intimidated enough to clearly, and rightfully so, fear for his life. How many hits to an unprotected head by a determined assaulter with a hockey stick can you take? I can't take many.
Too murky, not touching that. On one hand, firing a single round is sufficient force to "remove" the threat. On the other hand, if witnesses are going to testify that i threatened him, then he threatened me, then i shot him because I felt threatened, I'm boned.
I grew up with guns. I've been a licensed pistol and rifle instructor since I was 21 and 18. I have tought all kinds of different combat classes and about the legality of weapons. So, I most certainly have a sound basis for my viewpoint. Although that certainly doesn't mean I'm automatically right, it does mean that I'm not some crackpot that watches TV and then professes to know the law.
And on that note, it is especially because of my extensive exposure to firearms that I would take so seriously any mistreatement of paintball guns, from holding it to someone's throat to shooting at a person in anger. I woudn't do that with any real firearm and nor would I with any "fake" firearm, it isn't safe practice and it isn't what i teach in firearm safety. When I'm at the field and I see people point unplugged barrels at me with their hand on the grip I nearly have a heart attack. I can't tell you how many markers I've swatted out of people's hands and how many people I've restrained (not with hard core force, just grabbing their gun and pointing it down) for that nonsense. I take very seriously the handeling of all firearms.
That being said, I would never pull my own firearm on someone unless I had a sincere and honest belief that it was him or me, and at that point I'm putting two in his head. In the example with the marker to the throat, I would at the point have no problem pulling my knife on him (as stated way long ago) so that he is away I take my safety very seriously, and will not tolerate it being jeopardized by some kid that wants to act tough with a gun. I would not attack him, but I would make it very clear that if he pulls that trigger he's coming out of this in much worse shape then I am.
But as for the issue of shooting the guy using a paintball gun in a threatening way, i really think that given the right breaks in the case the person could get away with it, or at least get the charges or sentencing reduced. Maybe I'm wrong, but I really see a convinving argument there that has an ok chance of working. Lot's of things would have to be just right though, but I think it's possible.
But, I don't want to know who's right enough to shoot a kid at paintball, and unless you're willing to do it I suggest we chalk this up to a difference of opinion on a purely speculative manner.
While a paintball gun being randomly discharged toward me in normal course of play isn't considered deadly I would tend to believe that one leveled at me, by putting it to my throat, and accompanied by threats may constitute a threat to my life.
Everyone on the paintball field is trying to SHOOT everyone on the opposing team (and if you have a bunch of newbs, maybe even their own team
). The equipment was specifically designed to shoot people.True, but then we get into the next element of the arguement. Designed to shoot people with what intent? The simple answer is the intent to get paint on the person so they stop playing. In this example, the standard intent has already been satisified, as the 2 people in question were both marked with paint and no longer playing. In this case the specific intent of the person with the paintball gun is to harm, and that's what sets this apart from normal play.
Sure it does, because in this instance I signed up to play paintball, and instead I'm getting a maniac threatening me with harm and gun. And he has physically threatened me by holding it to my throat.
It's hardly impossible (although not entirely likely) to justify that. Suppose your person with the hockey stick was threatening him in a convincing manner and clearly brandishing the stick as a weapon. In that case it would be possible for the other person to be intimidated enough to clearly, and rightfully so, fear for his life. How many hits to an unprotected head by a determined assaulter with a hockey stick can you take? I can't take many.
Too murky, not touching that. On one hand, firing a single round is sufficient force to "remove" the threat. On the other hand, if witnesses are going to testify that i threatened him, then he threatened me, then i shot him because I felt threatened, I'm boned.
I grew up with guns. I've been a licensed pistol and rifle instructor since I was 21 and 18. I have tought all kinds of different combat classes and about the legality of weapons. So, I most certainly have a sound basis for my viewpoint. Although that certainly doesn't mean I'm automatically right, it does mean that I'm not some crackpot that watches TV and then professes to know the law.
And on that note, it is especially because of my extensive exposure to firearms that I would take so seriously any mistreatement of paintball guns, from holding it to someone's throat to shooting at a person in anger. I woudn't do that with any real firearm and nor would I with any "fake" firearm, it isn't safe practice and it isn't what i teach in firearm safety. When I'm at the field and I see people point unplugged barrels at me with their hand on the grip I nearly have a heart attack. I can't tell you how many markers I've swatted out of people's hands and how many people I've restrained (not with hard core force, just grabbing their gun and pointing it down) for that nonsense. I take very seriously the handeling of all firearms.
That being said, I would never pull my own firearm on someone unless I had a sincere and honest belief that it was him or me, and at that point I'm putting two in his head. In the example with the marker to the throat, I would at the point have no problem pulling my knife on him (as stated way long ago) so that he is away I take my safety very seriously, and will not tolerate it being jeopardized by some kid that wants to act tough with a gun. I would not attack him, but I would make it very clear that if he pulls that trigger he's coming out of this in much worse shape then I am.
But as for the issue of shooting the guy using a paintball gun in a threatening way, i really think that given the right breaks in the case the person could get away with it, or at least get the charges or sentencing reduced. Maybe I'm wrong, but I really see a convinving argument there that has an ok chance of working. Lot's of things would have to be just right though, but I think it's possible.
But, I don't want to know who's right enough to shoot a kid at paintball, and unless you're willing to do it I suggest we chalk this up to a difference of opinion on a purely speculative manner.






Comment