Carrying / Self-Defense – Page 21 – Shall Not Be Questioned

OC Debate: Ride the Llama

Caleb seems to have decided to ride the Drama Llama, along with Rob Pincus, on the issue of open carry. Says Pincus:Â â€œI am vehemently against the ass-clownery of people carrying openly to make a political statement.â€Â So let the Llama come.

I would not go so far as Pincus, to suggest there is never any instance where open carrying to make a political statement is a bad idea. In fact, if the Supreme Court were to uphold carry rights in a manner that allowed New Jersey to have to pick, and it picked open carry, I’d suggest everyone should do that there, all the time. Why? Because if it’s a protected right, I believe you may be able to get people and politicians to agree to allow concealed carry in order to make the issue go away such that they no longer have to deal with it. There are plenty of instances I can think of where OC, as a political statement, can have potential benefits.

But I am in agreement with Pincus that this was not a wise move in California, and California’s legislature’s behavior was entirely predictable. Chris in Alaska suggest blaming the activists is like blaming battered women for domestic violence. Ultimately, the California legislature is the one responsible for its constitutional infringements, much like a bear is responsible for mauling you. But if you poked the bear with a stick? The bear is being a bear, and legislatures will be legislatures. We do not have the political power in California to stop anything. Even bullet buttons are now possibly on the chopping block in the Golden state, and as Joe notes, the politicians are basically telling gun owners to shut the hell up and BOHICA.

California has been pushed over the edge. It’s not coming back except through court mandate. I believe pushing OC as a political statement there was foolish, but I can’t agree that all instances of it are. As Robb notes, much depends on how you approach the issue.

The Left’s Gotchas on Marissa Alexander

I keep seeing this kind of article pop up in my Google Alerts, wondering where NRA is on Marissa Alexander. First off, NRA did not comment on the Martin/Zimmerman case. You do not see NRA standing up for George Zimmerman personally, and nor should they be expected to stick up for Marissa Alexander, if she justifiably qualifies for immunity or for a defense of self-defense under Florida law. But as I pointed out in a previous post, when you cut through all the media and the left’s bullshit on this case, Marissa Alexander is not the innocent they are portraying her as. She stands convicted largely because she engaged in behavior that destroyed her credibility to a jury.

A big problem with these cases is that no one paid attention to self-defense law before this case. Now a lot of journalist, pundits and non-pundits are bringing a vast ignorance to the table when speaking about them, and understanding how the justice system works. Many people imagine things to be fairly black and white, but they are not. A self-defense defense is, with or without a “Stand Your Ground” law, quite subjective, and will generally be aimed at each side manipulating the jury into rendering the verdict that each side wants. In a lot of ways, the law is a game, much like politics. If you give a prosecutor a path to destroying your credibility, it doesn’t honestly matter how true or how wonderful your self-defense claim is, if the jury doesn’t buy it, because it doesn’t trust you — if the jury does not believe you are a reasonable person — you stand a much better chance of being convicted. Our legal system is not an arbiter of absolute truth, nor does it weed the good from the evil in all instances.

In the cases I’ve seen where media and pundits have tried to interview actual defense attorneys, most of them have really tried to explain these realities as best they could, but it just seems something the media and pundits are having difficulty wrapping their heads around. Perhaps because in TV law dramas, the bad guys have tended to get convicted and the good guys acquitted. The police are always competent, honest and do a thorough and professional investigation. But the real world isn’t TV. You’d think you wouldn’t have to explain that to folks.

Another Case of Our Opponents Standing up for Thuggery

Barron Barnett and Weer’d take a look at another example of our opponents mourning a criminal who was justifiably killed by the person he was attacking. This is an example of what Bitter and I have been calling the “every little snowflake is precious” syndrome. Barron comes up with several more examples of this philosophy.

We should always strive to avoid taking of human life if it can possibly be avoided, but sometimes an attacker leaves no other alternative. Sometimes not every snowflake is precious. Some little snowflakes turn into thugs and cold blooded killers. Sometimes that happens before they turn 18. If our opponents want to actually contribute something positive in this world, they would take a look at the underlying social conditions that make juveniles turn to armed robbery, rather than focusing on the tools of that profession, and the people who carry defensive arms to protect themselves against our opponents precious snowflakes.

Self-Defense: How Not to Do It

Generally a bad idea to try to shoot shoplifters. It will tend you get you in trouble with the authorities. Is a bottle of liquor really worth someone’s life? Especially given the shot went errant and narrowly missed killing an innocent third party.

It’s also not a good idea to play cop. When cops make mistakes, they get to claim qualified immunity. When you make a mistake, you get to claim top or bottom bunk in the prison. Not exactly fair, but that’s how it goes.

New Face of Gun Owners

The Tampa Bay Times ran an op-ed yesterday, speaking of the explosion of CWL holders in the State of Florida:

They may not have those exact numbers at their fingertips at the Wyoming Antelope Club in Clearwater, but they are well aware of the trends. Seats for their $50 concealed weapons permit class (CWP) are often filled more than a month in advance.

And you may be interested to see who is sitting in those seats.

Men, yes. But almost half of the class in April was female. Hunters and gun enthusiasts, yes. But there were a fair number of people who had never before fired a gun.

This is not going to be welcome news for our opponents, but it is welcome news for us. I like hearing more women carrying. Women are far more likely to carry for the right reasons, and to take their responsibility and training more seriously.

A Subtle Message…

He may not be my representative, but I do believe that Representative Stephen Bloom is my favorite lawmaker in Harrisburg. He uses social media frequently to keep in touch with his constituents. Yesterday, he posted a picture on Facebook that you could say highlights his dedication to making use of every possible resource…

I also get Mr. Yuk stickers, which come in extremely handy when reviewing stacks of legislative co-sponsorship memos…

SYG Laws Under Attack

An excellent article by Jacob Sullum over at TownHall.com.

Early Response to SYG Laws in Louisiana

This bill, to ease SYG in Louisiana, is interesting in what it requires:

The bill, which received unanimous approval from the Senate Judiciary C Committee, would require a “full investigation” by law enforcement and coroners in any death that results from violence or under suspicious circumstances in which a claim of self-defense is raised.

So only when self-defense is raised should we expect a full and thorough investigation? Someone is found face down in a swamp, and we can short change that investigation, eh Senator? This sounds like a mandate that the police be competent, and how do you enforce that? Another bill has already failed in committee:

Another bill inspired by Martin’s killing,Â Senate Bill 719, did not make it out of committee. Sen. Yvonne Dorsey-Colomb, D-Baton Rouge, said her bill was aimed at closing a potential loophole in the stand your ground law that would allow people to start a fight, try to withdraw and then claim self-defense if the other person continued to come after them.

That’s a “loophole?” I believe traditionally, and correct me if I’m wrong, you lawyers out there, but you could always regain faultlessness if you attempted to retreat from the fight, but your opponent kept pressing the fight.

And that is my big fear, but also a bit of a comfort; that our opponents will not merely try to repeal SYG, but will try to gut self-defense laws even further. It is a fear, because I always worry they could be successful. It is a comfort, because this kind of overreach is what’s ruined their fortunes in the past.

Opposition to Stand Your Ground

Evan Nappen posted a rather humorous bit of satire about opponents to Stand Your Ground that’s about the “Turn Tail and Run” law.

Senator Lousenburg (D. NJ) has filed the â€œTurn Tail and Runâ€ (TTR) bill in the U.S. Senate which, if passed, would preempt ALL State â€œStand Your Groundâ€ (SYG) laws. The new bill would impose a national duty to retreat at all times when one encounters a criminal threat or is about to become a victim of violent crime. New York City Mayor Bloomingidiot has made passage of the â€œTTRâ€ a centerpiece of his national “Second Chance at Shoot First” campaign. The mayor heartily approved of TTR, especially since bodyguards of celebrities, VIPâ€™s, and political figures were exempted.

There’s more, so go read the whole thing.

Bad News For Our Opponents

A plurality of Floridans support the Stand Your Ground law. Support is particularly high among Republicans and Independents, with Democrats against it by about half. Sorry, but self-defense laws aren’t a place our opponents are going to get much traction among the people. Part of the reason that votes on these bills has been so lop sided is that no politician wants to be the one who voted against self-defense. Our opponents may find that our momentum is slowed for a bit, but I think it’s wishful thinking if they believe this is going to turn the tide.