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lifeiswhatyoumake


Registered: 09/30/11
Posts: 17,579
Last seen: 6 minutes, 9 seconds
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and a related question:
If you're peacefully walking on the sidewalk and a random person drives by and shoots you with a paintball gun, do you have a right to immediately shoot them with a real gun?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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You have no right to use lethal force unless you are in reasonable apprehension of death or serious bodily injury. If you know it's a paintball gun, you have no such reasonable apprehension. In many states, you also have a duty to retreat if you can do so safely prior to using any lethal force.
If, at the moment you use lethal force, you believe that you are being shot at by a real gun, that may very well justify the homicide. There are many details/factors that come into play, however, and you're almost certainly going to have to go to trial.
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lifeiswhatyoumake


Registered: 09/30/11
Posts: 17,579
Last seen: 6 minutes, 9 seconds
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Re: Ask an attorney [Re: Enlil]
#27044030 - 11/17/20 03:09 PM (3 years, 7 months ago) |
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Paintball guns can cause serious damage, so I would think that would count as reasonable apprehension? There's a report of a random citizen having been shot in the face (barely missed their eye, luckily) by a paintball gun a few blocks away from where I live a few days ago. They said they were simply walking on the sidewalk and someone drove by and shot them. They did call the police afterwards and no one is caught yet, AFAIK.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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It would count as reasonable apprehension, but not of serious bodily injury. Any use of force needs to be proportional to the threat, and you're going to have a hard time selling a jury on the idea that shooting a slug into a person is a proportional response to the threat of a paintball gun.
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Psyche delics
Hypochondriac


Registered: 09/24/15
Posts: 3,644
Last seen: 9 months, 15 days
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Quote:
lifeiswhatyoumake said: In the USA, if you're protesting on the sidewalk in a legal location and the police decide to shoot you with a paintball gun, do you have a right to defend yourself and shoot them with a real gun?
Just say you thought it was real gun like they do.
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Edited by Psyche delics (11/17/20 11:41 PM)
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Psyche delics
Hypochondriac


Registered: 09/24/15
Posts: 3,644
Last seen: 9 months, 15 days
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I know someone that was arrested in Philly by philly police that is from jersey he was sentenced to 9 months in jail and no one can find where he's at he said he was going to a jail in jersey, do they usually send you to a jail that's in your own state or is it usually a jail in the state you were convicted in.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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If he was convicted of a state crime in a state court, he's almost certain to be in the state he was convicted. There are very few instances where this wouldn't be the case.
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Psyche delics
Hypochondriac


Registered: 09/24/15
Posts: 3,644
Last seen: 9 months, 15 days
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Re: Ask an attorney [Re: Enlil]
#27047261 - 11/19/20 12:17 PM (3 years, 7 months ago) |
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Thanks enlil, I'm not sure where he was convicted I would assume pa since that's where he was caught but could anything happen like he was caught in PA but charged/convicted in NJ somehow?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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There are a lot of variables. He may have been arrested in philly on a jersey warrant. There are any number of things that could have happened.
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Doc9151
Mycologist



Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 11 months
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Re: Ask an attorney [Re: Enlil]
#27048795 - 11/20/20 11:14 AM (3 years, 7 months ago) |
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I do know that some states are sending prisoners out of state to private prisons, it's depends on the capacity of the states correctional institutions.
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  Psilocybe cubensis data collection thread. please help with this project if you hunt wild cubensis. https://www.shroomery.org/forums/showflat.php?Cat=0&Number=26513593&page=0&vc=1#26513593
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Anonymous #138
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Re: Ask an attorney [Re: Doc9151]
#27068887 - 12/02/20 07:43 PM (3 years, 6 months ago) |
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Is it legal to order O-DSMT over the internet and ship it to my home?
I live in VA.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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I've never heard of that.
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Anonymous #138
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Re: Ask an attorney [Re: Enlil]
#27069874 - 12/03/20 11:23 AM (3 years, 6 months ago) |
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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First, you should look at the controlled substances schedules. If it's not there, then you need to find out whether it is chemically similar to something on that list to be considered an analogue of a controlled substance.
If it's not controlled, or an analogue of something controlled, it's fine to order it shipped to your house. If it's an analogue, you can only order it if you do not intend to use it for human consumption.
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Anonymous #138
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Re: Ask an attorney [Re: Enlil]
#27070352 - 12/03/20 04:52 PM (3 years, 6 months ago) |
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How does one without a chemistry background tell if an analogue is similar to a controlled substance to be covered under the analog act?
Assuming it is similar enough, is it hard to prove that it was for consumption?
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A.k.a
Stranger



Registered: 10/27/19
Posts: 17,180
Loc: Gaming the system
Last seen: 1 hour, 41 minutes
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They usually label or name them closely.
Just based on the name I’d guess that’s a tramadol analogue or relative. Idk the status these days but years ago I knew a guy who constantly bought tram online.
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LAGM2020     
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bodhisatta 
Smurf real estate agent


Registered: 04/30/13
Posts: 61,893
Loc: Milky way
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Re: Ask an attorney [Re: A.k.a]
#27070563 - 12/03/20 07:00 PM (3 years, 6 months ago) |
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Tramadol is a prodrug for O-DSMT. Tramadol is schedule 4 and O-DSMT would absolutely be an analog
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Doc9151
Mycologist



Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 11 months
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This is an illegal substance in the UK and I will bet the DEA in the U.S. would be successful in convicting someone if they pushed it because it is a loose analog of codeine and a metabolite of Tramadol which is a controlled substance. This is just my 2cents, I'm not an attorney, but familiar with some federal and state drug laws.
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Anonymous #154
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Re: Ask an attorney [Re: Doc9151]
#27070800 - 12/03/20 09:37 PM (3 years, 6 months ago) |
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lol honestly with law propane should be an analog for amphetamine. It's two functional groups away from it.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Propane cannot be sold for human consumption either.
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