#75917 - 11/01/06 02:22 PM
What is the law on this?
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Old Hand
Registered: 09/12/05
Posts: 817
Loc: MA
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I just read on foxnews.com that authorities are looking at an individual who may be involved in that deadly wildfire in CA. They said he was involved in two previous arson incidents, and had been arrested on "two counts of possessing fire-making materials"
What kind of law is that, and how far does it go?
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#75920 - 11/01/06 04:24 PM
Re: What is the law on this?
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Geezer
Registered: 09/30/01
Posts: 5695
Loc: Former AFB in CA, recouping fr...
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California has what is called the "felony murder rule." In plain English, if you commit a crime (arson in this case), and as a direct result of that crime a person dies (four going on five at the last count I heard), you can, and usually will, be charged with first degree murder...
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#75921 - 11/01/06 04:33 PM
Re: What is the law on this?
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Old Hand
Registered: 09/12/05
Posts: 817
Loc: MA
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I understand that part, I was perplexed about what they consider "fire making materials".
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It's not that life is so short, it's that you're dead for so long.
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#75922 - 11/01/06 04:39 PM
Re: What is the law on this?
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Addict
Registered: 12/01/05
Posts: 616
Loc: Oakland, California
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I don't think they meant a sparklite and tinder or a bow drill set up. Probably more like cans of gasoline, road flares etc.
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#75923 - 11/01/06 06:06 PM
Re: What is the law on this?
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Old Hand
Registered: 09/12/05
Posts: 817
Loc: MA
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I would hope not, but my concern is that those details aren't spelled out, and the detention/arrest becomes open to interpretation.
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It's not that life is so short, it's that you're dead for so long.
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#75924 - 11/01/06 07:13 PM
Re: What is the law on this?
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Geezer
Registered: 09/30/01
Posts: 5695
Loc: Former AFB in CA, recouping fr...
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We had an arsonist in my town (in the foothills of the Sierra Nevada Mtns) a couple of years ago. When they finally caught him he had "fire making materials" that matched evidence found at the scene of several fires. He used the old "cigarette in a book of matches" trick, they found matching books of matches, same brand of cigs, etc. I can only assume that is what they are refering to in this case.
Our guy turned out to be a former volunteer firefighter, which apparently is not all that uncommon...
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#75926 - 11/02/06 12:24 AM
Re: What is the law on this?
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Enthusiast
Registered: 12/23/05
Posts: 203
Loc: San Francisco Bay Area, USA
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Here is the California law that I believe that you are referring to:
453. (a) Every person who possesses, manufactures, or disposes of any flammable, or combustible material or substance, or any incendiary device in an arrangement or preparation, with intent to willfully and maliciously use this material, substance, or device to set fire to or burn any structure, forest land, or property, shall be punished by imprisonment in the state prison, or in a county jail, not exceeding one year. (b) For the purposes of this section: (1) "Disposes of" means to give, give away, loan, offer, offer for sale, sell, or transfer. (2) "Incendiary device" means a device that is constructed or designed to start an incendiary fire by remote, delayed, or instant means, but no device commercially manufactured primarily for the purpose of illumination shall be deemed to be an incendiary device for the purposes of this section. (3) "Incendiary fire" means a fire that is deliberately ignited under circumstances in which a person knows that the fire should not be ignited. (c) Subdivision (a) does not prohibit the authorized use or possession of any material, substance or device described therein by a member of the armed forces of the United States or by firemen, police officers, peace officers, or law enforcement officers authorized by the properly constituted authorities; nor does that subdivision prohibit the use or possession of any material, substance or device described therein when used solely for scientific research or educational purposes, or for disposal of brush under permit as provided for in Section 4494 of the Public Resources Code, or for any other lawful burning. Subdivision (a) does not prohibit the manufacture or disposal of an incendiary device for the parties or purposes described in this subdivision.
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#75927 - 11/02/06 02:46 AM
Re: What is the law on this?
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Geezer
Registered: 01/21/04
Posts: 5163
Loc: W. WA
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I think it's probably a matter of intent and actual use.
A dead cat is just a dead cat.
A dead cat, frozen, removed from a vet's dead-animal freezer (awaiting pickup), and used to beat someone to death would be considered a murder weapon.
Sue <img src="/images/graemlins/smile.gif" alt="" />
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#75928 - 11/02/06 02:07 PM
Re: What is the law on this?
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Cranky Geek
Carpal Tunnel
Registered: 09/08/05
Posts: 4642
Loc: Vermont
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LOL! That's horrible and amazingly funny this early in the morning, Susan.
Here in Vermont there is actually a "burgler's tools" law. That being said, it is legal to have lock picks, much less bolt cutters, prybars and bricks. But if your fingerprints weren't supposed to be someplace, and they find you own picks, well, I guess your heating bill is paid for for a while.
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When a man dare not speak without malice for fear of giving insult, that is when truth starts to die. Truth is the truest freedom.
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#75929 - 11/02/06 04:55 PM
Re: What is the law on this?
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Geezer
Registered: 09/30/01
Posts: 5695
Loc: Former AFB in CA, recouping fr...
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"...A dead cat, frozen, removed from a vet's dead-animal freezer (awaiting pickup), and used to beat someone..."
In CA, that could be considered a "billyclub" (no matter what the name of the beatee ...or the cat...happened to be).
Sorry, I just had to do it...
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OBG
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#75930 - 11/02/06 08:44 PM
Re: What is the law on this?
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Veteran
Registered: 05/23/02
Posts: 1403
Loc: Brooklyn, New York
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From CNN:
Murder and arson charges have been recommended against 36-year-old Raymond Lee Oyler in the fire that killed five U.S. Forest Service firefighters in Southern California, Sheriff Neil Lingle said.
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#75931 - 11/05/06 12:36 AM
Re: What is the law on this?
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Enthusiast
Registered: 03/12/06
Posts: 285
Loc: NY USA
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This is similar to the "narcotic implements" charges. Matches are matches until they are found in conjunction with illegal drugs, then they become narcotic implements. This is just a racket to add charges. This way they have more to bargain with when the offender's lawyer is working out a plea. bargain.
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#75932 - 11/07/06 03:13 AM
Re: What is the law on this?
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Addict
Registered: 01/04/06
Posts: 586
Loc: 20mi east of San Diego
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oldbauldguy is correct, they found the same type and brand of cigarette and the same type of match books that were used to make the "bug" A "bug" is a cigarette folded inside of a match book, takes any where from 10 to 20 mins. to light the book of matches.
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