Posts Tagged know your rights
Armed citizens in “active shooter” scenarios
Posted by Joshua Bardwell in Self-Defense on June 15th, 2009
In his article in the Moultrie Observer, Adventures of Pistol-Packing Peter, Dwain Walden writes:
Do I want to be in a restaurant, at a ballgame or in a church with pistol-packing Peter? How do I know he can safely handle a gun?
There’s a popular bumper sticker that says: “Gun control is hitting what you aim at.” That’s a cute saying. But within that short sentence is a lot of unintended food for thought. Handguns are not that accurate in the first place. You’ve got to be really good or really lucky at hitting a target at any distance with a handgun. So if you are not hitting your target, you are hitting something else. Now let’s just say someone charges into the church and starts firing away. (It happened recently but it’s not a regular occurrence.) If someone is packing a gun, could we be sure that he could take out the assailant without hitting three or four deacons?
Handguns are less accurate than rifles, it’s true, but combat handguns are more than accurate enough to hit a human-sized target at the distance at which defensive situations typically arrive. This makes sense, since they were specifically designed for that purpose! Any handgun that did not have sufficient accuracy to accomplish the task of consistently hitting a person would not have much success in the market.
Of course, that doesn’t mean that people don’t miss, but the statement, “You’ve got to be really good or really lucky at hitting a target at any distance with a handgun,” is loaded and incomplete. It is difficult for most people to hit a 3″ bullseye at 50 yards with a handgun, but I reckon that in under an hour I could teach anybody to hit a human-sized silhouette target at ten yards. I shoot IDPA competitions, and I often see novice shooters hit moving targets, pop-up targets, and so forth, all while under the stress of competition, and with surprisingly few misses. They are usually not very fast about it, but part of using a handgun defensively is knowing its capabilities and yours, and it seems that people can often judge whether a given shot is safe to take or not.
Carrying a handgun is a pain in the ass. Guns are big, heavy hunks of metal. Concealing them requires changes to your wardrobe. They are uncomfortable and press into your side and poke you. You can’t sit or lay certain ways because they will press into you. What I’m getting at is that few people will choose to carry a gun casually, and the kind of person who makes the commitment of carrying a gun is exactly the kind of person who is also likely to take the time to train with his or her weapon and to know his or her capabilities.
But we have all heard stories of police officers, hunters, or victims of crime who panicked and started firing wildly, resulting in a very high miss-to-hit ratio, so what about that? “If someone is packing a gun, could we be sure that he could take out the assailant without hitting three or four deacons?” Here’s what I say. 32 people were killed in the VA Tech massacre. Let’s say that someone in the first classroom that Cho went into had a gun and began wildly returning fire. Let’s say that person hit and killed four innocent students in addition to Cho. Congratulations. 28 lives have been saved. 13 people died at Columbine. If a private citizen had stopped them while killing four innocents, perhaps 9 lives would have been saved. Should we keep counting? Even in the case where the good guy misses and kills innocents, which is a definite tragedy, chances are that the total count of victims will be lower than if the bad guy was not stopped.
The argument that people should be disarmed in crowds because they might miss a bad guy and hit an innocent seems fallacious to me. It seems to be saying, “I would rather be shot at by a person who intends to hit me than a person who intends to hit someone else.”
The proposition that an armed citizen would make an “active shooter” scenario worse just doesn’t hold water. No matter how bad a shot the armed citizen is presumed to be, he or she is still very likely to kill fewer people than the active shooter. Add to this the fact that “active shooters” very often break off their attack or even commit suicide the first time they are confronted with resistance. Finally, even if the armed citizen is completely impotent, at the very least, he or she will draw the “active shooter’s” attention and fire away from everyone else, for which the average non-gun-carrier should be thankful.
As a real-world example of this, consider this case, from College Park, GA:
Apparently, his intent was to rape and murder us all,” said student Charles Bailey.
Bailey said the gunmen started counting bullets. “The other guy asked how many (bullets) he had. He said he had enough,” said Bailey.
That’s when one student grabbed a gun out of a backpack and shot at the invader who was watching the men. The gunman ran out of the apartment.
The result of the incident is that one criminal is dead and the other is expected to be arrested soon. One of the innocent women was shot in the crossfire, and is expected to recover. As Issa points out over on Right to Bleed:
I wonder if anti-gun people will point to the injured woman as proof that “guns are bad”. I see this as an extremely effective case of self-and-other defense, though. One woman was injured, but 10 lives were probably saved. The college student was effective in killing or running off the men intent on doing harm, and 10 people are alive and not raped. That’s a success, and this man is a hero.
Why not to talk to the cops: felony murder
Posted by Joshua Bardwell in Government and Law on May 29th, 2009
Watching an episode of The First 48, which documents / dramatizes the first 48 hours of investigation following a crime. In one case, two guys went to another guy’s house to sell a gun. The buyer tries to rob the sellers at gunpoint, the sellers run, and one of them returns fire with his own gun. The other seller ends up shot and dead.
Slugs are recovered. The seller turns over his cartridges so that they can be differentiated from the buyer’s. Interesting twist: the bullet that killed the victim came from the seller’s gun. He was shooting basically behind his back while he was running, not really looking where he was firing. Somewhere in there, he hit his friend and killed him.
This is a fascinating example of how the laws relating to lethal force play out. There is a specific crime, in some jurisdictions, called felony murder. Basically, if somebody dies as the result of you committing a felony, you can be charged with their murder. Example: Ted and Bill conspire to rob the Quick-Stop (a felony). The shop-keeper shoots Ted and kills him. Bill can be charged with felony murder of Ted, even though the shopkeeper is the one who actually shot him.
The detective eventually finds the buyer and brings him in. He slowly wheedles him away, getting him to admit to being there, then getting him to admit to having a gun, then getting him to admit to firing the gun, then, finally, he says, “Look, you didn’t want to kill anybody, I know that. You weren’t going to hurt anybody. And I know you didn’t shoot him. That bullet came from Leroy’s gun, not yours. You were just going to take the gun and you didn’t want to pay for it, and then things got all out of hand, right?” The guy says, yeah.
The buyer thinks he’s getting off easy now. He admits to that, and writes a statement to that effect.
Gotcha.
You see, trying to steal the gun is a felony. And since he admitted that he was committing a felony at the time that Leroy died, he’s going to get charged with murder.
The irony is that the buyer probably could have stipulated to all the facts–that he fired, that he was there to buy the gun, and so forth–and he wouldn’t have broken any laws. Here, he thinks he confessing to attempted robbery or something like that, and instead, he goes up for murder.
Now, I’m not saying that this guy shouldn’t be charged with murder, or that he’s not a criminal, or anything like that. I’m just trying to point out how there are all these little intricacies in the law, and the detectives who are interviewing you know them ALL. You? You maybe know one of them. Your lawyer, on the other hand, also knows them ALL. So, you letting yourself be interviewed by the cops is basically like a lamb walking to the slaughter. They have a box that they’re trying to put you in. They know exactly what they need you to stipulate to in order to fit you into that box. And once you stipulate it, you can’t take it back.
So.
If you’re ever taken in for questioning, I suggest you tread very carefully, and maybe get a lawyer before you stipulate to very much.
Law Enforcement: (not) The most dangerous occupation
Posted by Joshua Bardwell in Government and Law on May 11th, 2009
In a previous post, I touched the special place that the military seems to be given in American society. Now, I’d like to examine law enforcement. People often seem to hold law enforcement officials to a weaker standard than I’d like, and one justification that they use is, “Well, they have such a dangerous job.”
Here’s a case where a cop pulls his gun and puts it in a guy’s face during a traffic stop, saying, “I will blow your fucking head off.” Why? The guy was observed to have a legally-owned-and-transported firearm in his car. Georgia does not require you to notify officers that you have a weapon, and he was not suspected of any crime except for having his license plate light out. If you watch the video and are thinking of defending the cops, you might also like to know that the driver received a (sort-of) apology from the PD. You can read it here.
In response to the video, a commenter writes:
I dont blame him. Its some crazy SOB’s in the backwoods of Georgia. That’s Camden County Georgia. I live in Laurens and in ‘98 an officer was killed by a maniac.
It almost makes sense. Police officers voluntarily take on a dangerous job in which they can be killed or injured, so shouldn’t we cut them a little slack? Only if we also apply that standard to other dangerous jobs, I say. So, let’s see. What are the most dangerous jobs in America, and how dangerous is being a cop, really?
“Suspicious Behavior Detection” at the SuperBowl
Posted by Joshua Bardwell in Government and Law on February 10th, 2009
On Friday, January 30, USA Today reported:
“For the first time Sunday, federal behavior-detection officers will team with local police to use a controversial technique on people heading to a major event, the TSA says. The officers usually work in airports. Behavior observation aims to find people in crowds acting unusually. A flagged person gets a casual interview from an officer who determines if he or she should be formally questioned or arrested.”
I am concerned with the use of “behavior-detection” by law enforcement, even by proxy (through the TSA, as is the case here). The standard for being detained by a police officer is that the officer is required to be able to demonstrate a reasonable, articulable suspicion that the person being detained has committed or is about to commit a crime. This type of detention–short of an actual arrest, but not actually free to go either–is known as a Terry Stop.
