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WadoGuy
Yellow Belt
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Joined: 07 Aug 2001
Posts: 33
Location: Nashville, TN
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Posted: Fri Aug 17, 2001 8:11 am Post subject: |
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What are your thoughts on the legal implications of having to use your martial arts training? |
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KickChick
Black Belt
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Joined: 02 Aug 2001
Posts: 3282
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Posted: Fri Aug 17, 2001 8:15 am Post subject: |
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You know it's funny...a read somewhere (and I'm not sure if it's true) that in some states in US you have to register with your local police dept. upon receiving your black belt in any martial art.
Registering yourself as a deadly weapon...how cool is that??!!
Deby
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WadoGuy
Yellow Belt
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Joined: 07 Aug 2001
Posts: 33
Location: Nashville, TN
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Posted: Fri Aug 17, 2001 8:21 am Post subject: |
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Registering is a scary idea to me.
Is anyone familiar with their local laws concerning the use of martial arts?
Around here, it's v e r y vague. A bunch of "good ol' boy" lawyers and cops run this area. |
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thaiboxerken
Black Belt
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Joined: 21 Jun 2001
Posts: 1270
Location: Portland, Oregon
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Posted: Fri Aug 17, 2001 8:25 am Post subject: |
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Hehhe.. just don't take a "black belt" if you don't want to register. I wonder what the law is concerning martial arts that don't use a belt system? |
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Kickbutt
Pre-Black Belt
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Joined: 21 Jun 2001
Posts: 910
Location: North Vancouver Canada
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Posted: Fri Aug 17, 2001 9:21 am Post subject: |
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Aren't you morally at least, if not legally obligated to inform someone you're about to fight that you're a blackbelt? If not, I'd do it in case of a lawsuit, just so they couldn't use it if they decided to sue...
Lori
_________________ If you think something small cannot make a difference - try going to sleep with a mosquito in the room.
-Unknown- |
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thaiboxerken
Black Belt
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Joined: 21 Jun 2001
Posts: 1270
Location: Portland, Oregon
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Posted: Fri Aug 17, 2001 9:27 am Post subject: |
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Well, no. I think if a person is picking a fight with me (cuz I never would start one), then they don't need to know what weapons I have. If I have a knife or gun, I might show him so that he may run. If I tell him I know martial arts and I'm a black belt... then he'll probably attack right away. The meaning of black belt means almost nothing in the USA, so telling a person you are a black belt will do little to intimidate them. Of course, there are exceptions. But all in all, I'd just give them a warning that I don't want to fight because someone will get hurt. If they attack me anyway, then I'm sending them to the hospital.
Oh.. In AZ there is not law governing "black belt" status. A person is only considered a deadly weapon if they use deadly force.. For instance, pummeling a guy even after you've KO'd him.
_________________ Just kick 'em, they'll understand.- Me
Apprentice Instructor under Guro Inosanto in Jun Fan Gung Fu and Filipinno Martial arts.
Certified Instructor of Frank Cucci's Linxx system of martial arts. |
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Iron Arahat
Red Belt
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Joined: 08 Aug 2001
Posts: 846
Location: Canada
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Posted: Fri Aug 17, 2001 9:53 am Post subject: |
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There is no moral obligation to tell anyone anything about your training. In fact if you tell them, it may encourage the fight. Also by announcing that you are a "black belt" takes away any element of surprize, and be more cautious than if they did not know the fact.
I know the law is funny in some ways in that if the police become involved, usually charges will be laid against someone.
In Canada it is legal to fight, as long as there is consent, and you do not break any other laws (i.e. disturb the peace). The issue comes though with consent in regards to the law. In a consentual fight you may also be charged with assault, if you "take it too far" or cause some damage like a broken nose or cheek bone (rational of the courts is that the individual consented to fight, but not get his nose broken).
In cases of self-defense they use a model based on what the courts feel was a reasonable amount of force. Punching a mugger and restraining him may be reasonable, while breaking his arm may not be in the evey of the law.
Just like here it is legal to carry OC as a civillian (for use on dogs), but using on another person is assault with a weapon. |
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thaiboxerken
Black Belt
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Joined: 21 Jun 2001
Posts: 1270
Location: Portland, Oregon
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Posted: Fri Aug 17, 2001 10:23 am Post subject: |
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Yea.. the issue of self-defense is subjective to every culture. It's too bad.. My philosophy is that if a person is commiting a crime upon another person (mugging, assault, rape), then that person is forfeiting their rights and life. If a person tries to hurt me in any way, or take my property illegally, I should be allowed to kill them. But, alas, many people don't agree with this. Too many bleeding heart liberals in the USA. Oh well, it's not something I can change.
_________________ Just kick 'em, they'll understand.- Me
Apprentice Instructor under Guro Inosanto in Jun Fan Gung Fu and Filipinno Martial arts.
Certified Instructor of Frank Cucci's Linxx system of martial arts. |
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WadoGuy
Yellow Belt
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Joined: 07 Aug 2001
Posts: 33
Location: Nashville, TN
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Posted: Fri Aug 17, 2001 2:29 pm Post subject: |
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YES!!!!!! I agree with what ya'll (i'm from TN) are saying. DON'T tell an attacker you have martial arts experience. What's the point?
Might as well tell a trouble maker "Hey, I'm willing to fight if you are".
If someone starts trouble, let them know you want no part of it, if they persist, wax 'em.
They deserve it.
A side note here, I've heard it's a good idea to make it known LOUDLY that you don't want to fight...as in yelling this. This can set up potential witnesses to verify your story if the authorities are involved.
ANother side note, in TN, a person can use a gun to "neutralize the threat" of life threatening danger. WOnder how or if that applies to martial arts as well? ![](images/smiles/icon_cool.gif) |
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unDertow
Yellow Belt
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Joined: 13 Aug 2001
Posts: 30
Location: USA
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Posted: Fri Aug 17, 2001 2:39 pm Post subject: |
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My philosophy is to get the hell outa there before the cops come and before he wakes up. And in the rare occasion that i go somewhere where i know the probability of a fight is high i don't take ID |
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