APOD Firearms

Protestor gunned down in Austin - Daniel Perry trial

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,779
    96
    Texas
    Garner doesn't prohibit shooting a fleeing felon, it prohibits it is certain cases.

    Yes, that is what I wrote.

    Shooting a fleeing felon has been illegal (except under small circumstances)

    eta

    Quoting exactly from the opinion:

    Held: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

    So he would have to show "significant threat of death or serious physical injury to the officer or others." Now if driver was randomly shooting people as he drove down the street, that would be doable. But a single engagement against a masked assailant with a rifle while as mob is surrounding your car and banging on it, is not likely.

    Like I said above, it would be interesting see the second shooters version of events and what he knew when he opened up.
     
    Last edited:

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,779
    96
    Texas
    In this case the 2nd shooter *MAY* have believed the shooting to have been unprovoked (incorrect, but possibly reasonable) and feared this armed person who had just fired shots at someone was going to return and do more harm.

    That is a very complicated line of thought for a rioter to have in 1-2 seconds. Occam's Razor says he just started shooting without understanding the legal justifications.

    At this time it is not clear when he started shooting. We know there was a delay, but was the car still at the scene, or was 50 yards down the street? Did he actually see the driver shoot? etc.
     

    Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    47,162
    96
    Lost in East Texas Elhart Texas
    They are employees. In everyway except that Uber is using the term so that they don’t have to pay benefits.


    Sent from my iPhone using Tapatalk

    Kind of my thoughts. They are redefining them as "private contractors" so as not to deal with all the normal things associated with having employees.

    I have worked as a private contractor several times in the past in my field, and as such there were many company policies I was exempt from, because I wasn't an employee.
     

    oldag

    TGT Addict
    Rating - 100%
    7   0   0
    Feb 19, 2015
    17,590
    96
    They are employees. In everyway except that Uber is using the term so that they don’t have to pay benefits.


    Sent from my iPhone using Tapatalk
    LEGALLY, they are not employees.

    That better?

    Uber does not want to pay unemployment taxes, workers comp, benefits, etc. And they want to try and reduce their liability. They also want to avoid a myriad of HR laws/regulations that apply to employees. And Uber is far from the only company using this tactic.
     

    Low_Speed

    Active Member
    Rating - 0%
    0   0   0
    Nov 25, 2010
    297
    46
    Austin
    Kind of my thoughts. They are redefining them as "private contractors" so as not to deal with all the normal things associated with having employees.

    I have worked as a private contractor several times in the past in my field, and as such there were many company policies I was exempt from, because I wasn't an employee.

    Yeah, I know. My wife is an independent contractor. It is a pain.


    Sent from my iPhone using Tapatalk
     

    Low_Speed

    Active Member
    Rating - 0%
    0   0   0
    Nov 25, 2010
    297
    46
    Austin
    LEGALLY, they are not employees.

    That better?

    Uber does not want to pay unemployment taxes, workers comp, benefits, etc. And they want to try and reduce their liability. They also want to avoid a myriad of HR laws/regulations that apply to employees. And Uber is far from the only company using this tactic.

    Not really. Not better at all. I understand that they are giving people that drive for them that title to skirt their obligations. That doesn’t mean that that in the true sense that they aren’t employees. I don’t agree with California lawmakers on much but they saw through Uber and what they were doing.

    They treat their drivers as employees in every way except in how it benefits the drivers.

    Sent from my iPhone using Tapatalk
     

    Hoji

    Bowling-Pin Commando
    Rating - 100%
    36   0   0
    May 28, 2008
    17,734
    96
    Mustang Ridge
    1A16BD18-430B-42D9-A5FB-DB4C7EF981E5.jpeg
     

    Attachments

    • 1A16BD18-430B-42D9-A5FB-DB4C7EF981E5.jpeg
      1A16BD18-430B-42D9-A5FB-DB4C7EF981E5.jpeg
      155.4 KB · Views: 378
    Top Bottom