Posts Tagged police

“Stay home” If You Need A Gun

Somewhere on the Internet, someone recently wrote:

The rule is if you are not a cop or a soldier and you feel that you have to go somewhere with a gun stay home.

The sentiment expressed here is valid: a gun should be a last resort, and steps should always be taken to anticipate and avoid situations where a gun might be needed. But this guy’s “rule” presumes that you can always anticipate situations where a gun might be needed.

I don’t carry a gun because I feel that I am particularly likely to need it. In fact, I know that statistically I am very likely never to need it. I don’t carry a gun because I need an injection of courage to go into a particularly scary situation. Like the commenter suggests, I would just stay home. But the fact is that life-threatening situations happen in all kinds of places at all kinds of times. I carry a gun in preparation for the time when I have not anticipated that I would need it.

Do you have a fire extinguisher in your home? What would you say to the argument, “If you are not a firefighter, and you feel that you need a fire extinguisher to be somewhere, you should just not be in that place.”

The quote also presumes that only police and soldiers should be using deadly force in my defense. Bull. Shit. Call it the do-it-yourself ethic if you want. Defending my life against someone or something who threatens it is arguably the most important thing I can ever do, since being dead will deprive me of the opportunity to do any of other other things that I might do. I’ll be damned if I’m going to farm that out to somebody else who isn’t actually obligated to defend me in particular. News flash: crime tends to occur in areas where police are not present. Saying that I should rely on a police officer to defend my life assumes a lot. That I or someone else is able to call 911. That I am not killed or injured in the time it takes for the cops to get there. That the cops are more capable and motivated to defend me than I am to defend myself. I don’t want to bet my life on those assumptions.

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Military Tactics vs. Police Tactics In The “War On Drugs”

In a previous post, I discussed how the metaphorical “War on Drugs” has become deadly literal. I then discussed the case of Derek Copp, who was shot by police during a raid of his home when he moved his hand to shield his eyes from their flashlights. Derek’s case is hardly isolated. Any time armed people break into someone’s home unannounced, the chances of a casualty go up.

There are casualties on both sides. In the case of Kathryn Johnston, the mortality was the ninety-year-old homeowner, who probably thought she was being robbed when she fired at the people who were breaking in her metro-Atlanta door late at night. In the case of Ryan Frederick, the mortality was a police officer, and Ryan was convicted of manslaughter (although I’m not sure why shooting at someone who is breaking in your door in the middle of the night should be a crime).

Police argue that no-knock raids are necessary to prevent suspects from destroying evidence when they realize the cops are at the door, but I wonder whether other techniques could accomplish the same goals while reducing the likelihood of casualties. I read about a case (sorry, extensive googling failed to find the link) in which police knew that kids were in the home and so opted to make a traffic stop and arrest the suspect on the side of the road, in order to spare the kids the risk of an armed raid. The mom didn’t realize that the traffic stop was anything but routine until it was too late.

After reading about that case, I started to wonder why no-knock raids were the norm, when more subtle and creative techniques could be just as effective and safer for everyone involved. One obvious answer is that the police are operating with a fundamentally military mindset, and so they choose to confront the “enemy” with overwhelming force. Is this answer too simple? Is there more to the situation? Let me know in the comments.

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Armed citizens in “active shooter” scenarios

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.

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Use of violence against non-violent criminals

Naked Wizard Tased By Reality from Tracy Anderson on Vimeo.

The arrestee in the video above is subject to physical violence in the course of his arrest. This, despite the fact that the police started out with reasonably-polite requests and persisted in those requests for a significant amount of time. But no matter how polite a police officer starts out, his or her requests are always backed up with the threat of violence.

It shouldn’t surprise you to learn that The Jack-Booted Liberal is not a pacifist. I believe that violence can be morally right. The most clear-cut examples are cases where violence is used to stop an immediate, otherwise-unavoidable threat of death or grave bodily harm. I find more ambiguity, however, in cases where violence is used to stop a fundamentally non-violent activity. If a person is nude in public, a police officer goes to arrest them, and the person resists, then the officer will use violence to effect compliance. That violence will start out mild and will escalate until the nude person is either in custody or dead.

This escalation of violence is enshrined in the system. No, I’m not suggesting that it would be legal for a police officer to kill a non-violent, non-resisting person. That wouldn’t be necessary, because by the time lethal force was employed, the offense would have escalated from, “public indecency,” to, “resisting arrest,” to, “assault on a police officer,” to, “attempted murder of a police officer.” The system is set up such that the act of failing to submit to arrest for a non-violent offense can, itself, be interpreted as a violent offense which then morally justifies a violent response. This escalation is invoked even for the most minor of offenses. You can’t be arrested for a parking ticket, but if you don’t pay the ticket, a cascade of charges will result that will eventually mandate your arrest, at which point violence is on the table.

Ultimately, a police officer’s job is to arrest suspected criminals and gather evidence that can be used to convict them. Without arrest powers, an officer’s requests are no more compelling than anybody else’s. The nature of arrest is that it is counter to the preferences of the arrestee, and so the power to use physical coercion—violence—is granted to officers. The potential for lawfully-applied physical violence is what differentiates a police officer from any other nice person who has a preference about your behavior. If a police officer was allowed to say, “Oh well, I guess you don’t want to be arrested then. Nothing I can do about it. Carry on!” then arrest as a concept would be toothless, and there wouldn’t be any point in granting arrest powers to police officers at all. And without a means of enforcing laws, there wouldn’t be any point in having laws at all. In fact, laws without enforcement wouldn’t be laws at all. They’d be requests.

So, what have we got then? Laws imply the need to enforce them, which implies the need to grant arrest powers to law enforcement, which implies the use of violence. Laws imply the use of violence. The existence of laws requires the use of violence to enforce them.

I wonder whether that’s okay when the law prohibits a fundamentally non-violent activity such as public nudity. My sense of morality is that violence is definitely justified in response to violence, although it might not always be the smartest strategy. I feel much more ambiguous about the use of violence in response to non-violent offenses. If a person insults me, wears clothing that I don’t like (or no clothing at all), plays their music too loud, or uses language that I object to, I don’t believe that it is moral for anyone to use violence against them in response. No actual harm is being done in those cases, so how is it morally justified to do harm in response?

Conclusion? If it is not morally justified to use violence in response to a behavior, then it is not morally justified to have a law prohibiting or requiring the behavior. Based on that premise, I question whether laws against non-violent offenses like public indecency should even exist. It is immoral to use violence against those who are not doing any real harm. The existence of laws against non-violent behavior requires immoral behavior from police officers who are legally obligated to use violence to enforce the laws through arrest. We should not put police officers in a position where their moral sense conflicts with their legal obligations. We should not put ourselves in the position where immoral violence is legally required to be used against us.

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Why not to talk to the cops: felony murder

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.

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