Honestly, that depends on the judge and interpretation of law. If you have a by the book only judge who throws out common sense you are screwed but that is why the appeals court is part of the system.

To Anthony and others America is scary but on the other hand I am scared shitless of Australia. Not for guns but they must have the most and deadliest critters running around from jelly fish that kill, snakes, and spiders to name a few. For me that is scarier than guns as well critters are critters...

As said earlier it must be a culture thing. I cope with tornadoes while others here would never want to step a foot here out of fear.