Almost Right

I am sympathetic to this article, which points out the problem in Philadelphia has to do with abysmal enforcement gun laws against actual criminals.  This is true.  The cop killers in Philadelphia were let go without even being charged with gun crimes they were arrested for.

Despite what we endlessly hear – that guns have one purpose, to kill people – Judge Shreeves-Johns didn’t see it that way. She threw out the most serious charges, leaving Floyd with a mess of misdemeanors, but only a single second-degree felony count for gun possession.

Here’s a felon who shouldn’t have a gun in his hand under any circumstances, he’s on a public street, he fires three times, and gets 11 1/2 to 23 months, which is more like a time-out than a serious sentence. The judge also ordered anger-management treatment and drug and alcohol counseling for Floyd.

Is that enough?

No, it’s not.  I agree with this.  But here’s where you go to far:

That’s a mistake. If we’re serious about guns, that law must be expanded. If you use or carry a gun when committing a crime – shoplifting bras, writing graffiti, tipping over cows – you must get five years before the other offenses are added on.

No, sorry, I should not get five years because I was speeding while lawfully carrying a firearm.  People like Stu Bykofsky get what the real problem is, but they also need to get that there are lawful ways people can carry guns in this Commonwealth for the legitimate reason of self-defense.  I have no problem with enhanced sentencing for criminals who misuse guns to further a criminal act, like robbery, selling crack on the street corner, assault, or other violent acts.  But some kid in Lancaster shouldn’t get a five year felony rap because he tipped some cows with dad’s pistol in the glove box.  Let’s not get ridiculous here.  We can solve the actual problem without getting nuts.

Pocket Gun Laser Sights

SayUncle got a neat new accessory for his Kel-Tec P3AT, namely a pair of Crimson Trace laser grips.  I’ve never been a huge fan of relying on laser sights on self-defense guns, but as it is, the sights on the P3AT are difficult to aquire, and saying they are rudamentary would be an understatement.  It’s a good pistol to have a laser sight on, because there’s no way you’re finding the P3AT’s sights in a poorly lit alley at night.

Insurance and Pirates

Dave Hardy tells us about some perspective on allowing crews to arm themselves against pirates from someone in the Insurance business.  It’s interesting about the crewman suing Maersk for failing to provide a safe work environment.  As much as I wish this would change things, it’s one of the reasons so few merchant vessels are registered in the United States.  Safe work environments aren’t a problem for the government of say, Liberia.

But this kind of calculation has always bothered me.  You have two entities, the shipowner and the insurer, essentially colluding to declare the crew expendable commodities, just like the ship’s cargo.  If the left are really so big on workers rights, this sort of things should absolutely concern them.  It’s exactly the same calculation used by most employers to ban any sort of firearm or self-defense enabling device in the workplace — that your personal safety is less important than the possibility the company may be sued.

It’s wrong in both cases, it’s just a much more stark examples when we’re talking about merchant vessel crews who are likely to faced armed pirates.

Florida’s Deadly Force Law

Florida is one of those states that still allows for use of deadly force in order to stop the commission of a felony, which played out in this story out of Florida:

Authorities do not plan to file charges against a Florida orange grove owner who fatally shot a 21-year-old woman, saying he is protected under the state’s controversial “no retreat” law.

But the woman’s boyfriend faces second-degree murder charges in her death, because the woman was shot to death during an alleged felony — the theft of an SUV.

This has nothing to do with the “no retreat law”.  Florida law allows for, and has always allowed for, the use of deadly force to stop a felony in progress.  In fact, this was common law, as I understand it, even going back to English common law.

At common law, the duty to retreat did not apply to someone stopping a felony (then felonies actually were serious crimes, unlike today when it’s anything politicians disapprove of strongly).  Duty to retreat generally only applied to individuals who were brawlers, or engaged in some other kind of non-felonious dispute.  Those individuals were expected to retreat before resorting to deadly force.  But if someone pulled a deadly weapon to rob you, you were justified in shooting him dead on the spot, as you were stopping a felony.

Fast forward a bit, and states started to take the common law justification of self-defense and put it into statutory law.  A lot of states, when they did this, took out the common law justification for felony, since these were done at a time when professional police forces were becoming common, and it was felt that apprehending and stopping felonies was a more a job for the police than private citizen.  The effect this created was that one had a duty to retreat in all circumstances.  Under American law, retreat is only necessary when the actor could have obtained complete safety by doing so, but it is still an element of the law, even if someone pulls a knife on you and demands your belongings, or even in a carjacking situation.  A prosecutor could, in theory, argue that you didn’t need to shoot the carjacker when you could have just driven off.

Some states, however, did create statutory justifications for stopping commission of a felony, and Florida is one of them.  This doesn’t have anything to do with castle doctrine.  Castle doctrine laws are meant to address the carjacking situation I spoke of above.  They eliminate the duty to retreat from a place you have a legal right to be, and establishes that deadly force may be used on a home invader, without having to first ascertain whether he presents a deadly threat.  This is not a new idea.  It used to be, many years ago, common law.

But don’t expect the media to do their research for you.

More on Self-Defense

Brillianter has two more good bits on handgun retention, and verbal commands.  Verbal commands is one area I never really worked on, and probably should if I’m going to carry a pistol for self-defense.  Despite the fact that I never shut up here, I’m not the most vocal person you could ever know in person.

Looking for the Facts

Robb Allen is trying to help a friend of his who is looking to buy his first firearm, only problem is, his friend’s wife thinks its dangerous to keep a gun in the house.  My advice is to seek out training after you make your decision.  If home defense is really what you’re looking for, a shotgun may be more competently wielded by beginner than a pistol, and a shotgun has far greater stopping power.  If kids are part of the picture, a shotgun is less accident prone.  If you really want a pistol, a quick open safe is recommended if there’s kids in the house.  Trigger locks are dangerous.  If one comes with your gun throw it away and find a better way to secure it.

Takedown

John Lott takes 20/20 to task for their hit piece on concealed carry.  Taking on the notion that ordinary citizens can’t stop mass shooters:

In the real world, even having a gun and pointing it at an attacker has often convinced the attacker to stop shooting and surrender. Examples include high schools in Pearl, Mississippi and Edinboro, Pennsylvania, as well as the Appalachian Law School in Virginia. Street attacks in Memphis to Detroit ended this way, too, without any more shots fired.

Then you have the notion that gun control would fix the problem:

You would think that if gun control worked as well as ABC implies, there wouldn’t be these multiple victim public shootings in those European countries with gun laws much stricter than those being publicly discussed in the United States or by ABC. Yet, multiple victim public shootings are quite common in Europe. In just the last few days, there have been a shooting at a college in Greece and in a crowded café in Rotterdam. Of course, the worst K-12 public school shootings are in Europe.

Read the whole thing.  It’s well worth the time.

20/20 Segment – How Would You Do?

Here’s the segment 20/20 ran on the shooting incident:

[youtube]http://www.youtube.com/watch?v=0MX3QtumSuE[/youtube]

Raise you hand if you carry a retention holster concealed at 1:00?  No takers?  But even with a good holster, from an active shooter point of view, that lecture hall is a death trap.

Guns aren’t magic devices that allow you to prevail against another armed person 100% of the time. Even a well trained police officer would have a difficult time drawing from concealment and firing in this situation, without taking a hit himself.  I don’t feel too confident I would do all that much better than these kids.  It’s a small, intimate lecture hall, some concealment but no good cover, and no way to easily move.  20/20s implication is that because there are some situations where a gun isn’t going to do you any good that there are no situations where a gun will do you any good.  Let’s look back at the event that 20/20 exploited for this piece of journalistic garbage:

About halfway through class we heard the noises. Someone said something like, “It’s probably just construction.” The noises didn’t stop. The teacher stiffened up and said “That’s not what I think it is, is it?” That’s when I remember going into panic. I pointed at the teacher and said, “put that desk in front of the door, now.” She did it, and then said “someone call 911.” Colin to my right stood up and called 911.

At that point, the door was nudged open aggressively, and I saw a gun emerge into view. It was surreal. Following the gun was a man. He was Asian and had a lot of ammunition and gun gear on — like a big utility belt or something for ammo. That was the only glimpse I got. I quickly dove under a desk — that was the desk I chose to die under. He then began methodically and calmly shooting people down. It sounded rhythmic — like he took his time in between each shot and kept up the pace, moving from person to person. After every shot I thought, “OK, the next one is me.” Shot after shot went off and I never felt anything. I played dead and tried to look as lifeless as possible. Sometimes after a shot, I would hear a quick moan, or a slow one, or a grunt, or a quiet, reserved yell from one of the girls.

Let me ask you this, if you were in this situation, would you rather have a gun, or would you rather imagine yourself too stupid to use one, like 20/20 says you are?  Would you rather be under a desk waiting to die?  Would you feel safe with a cell phone in your hand, as 20/20 recommends, rather than a Glock?

I can’t help anyone who says they would rather be a sheep waiting for the slaughter, though I have no doubt some would, but I suspect most sensible people can see 20/20s assertion for the bullshit that is, and would see the utility of a gun in this situation.

UPDATE: Brillianter has more.