Skip to content

Infringing the right to bear arms- You can’t carry here

April 22, 2017

Your right to protect yourself shall not be infringed..well..except where it already is infringed.  That is what my young liberal friend told me.  Here is what he said.

I think we should pass a law to ban guns.  That way we wouldn’t have any more violence and we could close the prisons.  It’d be great.
You think so?  We tried it before.  It is called prohibition.  It failed when we prohibited alcohol.  It failed with prohibiting drugs.  It is failing today with prohibiting guns.

But we need to do something.  Maybe we should take it piece at a time.  We don’t have to prohibit anything, we can just regulate all we want.  Yeah, that’s it.

I know.  Hospitals should be gun free zones.  Surely you wouldn’t want sick people to get their hands on guns?
We tried that too.  Disarming doctors and nurses isn’t keeping them safe.  A shocking fraction of healthcare workers  (and here) are attacked on the job each year.  If those plastic “no-guns” signs would work anywhere, they should work at a hospital, but they don’t.  Hospitals are open both day and night, so I want doctors, nurses and food service workers to be armed for their own protection when they leave the hospital and walk to their car in the dark.  Don’t you?

Ah, sure.  So gun free hospitals don’t work, but surely you don’t want guns around children in school?
Let’s see if gun-free zones work in schools either.  We’ve had several armed attacks in California schools this year, attacks where teachers and students were killed.  Did you forget them already?  And California has some of the strictest gun laws in the nation.  When we look across the country, we’ve seen violent attacks in daycare centers, elementary schools, junior high, high schools, trade schools, college, and universities.  I guess the attacker doesn’t stop to read the “no-guns” signs in schools.

Right.  I read about those attacks.  Umm.  Can’t we agree that people should be disarmed when they’re drinking, or do you want drunks to have guns?
It isn’t a matter of what I want or don’t want.  The politicians went further than banning drunks from carrying.  They forbid even the sober people who are designated drivers from exercising their concealed carry rights where alcohol could be served.  We saw those “no-guns allowed” signs fail just last year when the rampage killer at the Pulse Nightclub killed 49 people.  Years ago, a murderer killed 24 people at Luby’s Cafeteria.

They sure ban guns a lot of places, but I see the problem now.  Those are only little private companies, and they can’t force people to disarm.  That is why we need to ban weapons in government offices where we can make sure there are no guns.
You mean like city hall, and the post office?
Yes, exactly.
You’re a little young, but have you heard the phrase “going postal”?  It means going crazy and killing your co-workers, so yeah, we’ve had attacks in federal buildings before. We’ve also had attacks in city sports stadiums, public transit, and municipal picnic grounds.  Signs on government buildings didn’t stop bad guys.

But those aren’t big government installations.  You’re thinking too small.
We’ve had attacks in giant military installations, like Fort Hood and the Washington Navy Yard.  Fort Hood held about 50 thousand troops.  When these government sites were attacked, the murderers were employees who passed a security clearance.  We’ve had attacks in city hall too.

We have to think bigger.  We need to ban guns in the entire country.  Then we’d be safe.
I don’t think you mean that.  Mexico has a much higher murder rate than the US.  France has more terrorism than we do even though it is a much smaller country.  Most private citizens can’t have guns in France or Mexico.

I knew it.  That shows that hard power doesn’t work.  We need to use soft power to disarm people.
Soft power?  You mean like sending messages in Hollywood movies?
Yes.  Exactly.
I think you forgot about the rampage murders in movie theaters.  We’ve also had murders in churches, in synagogues and in mosques.  Evil doesn’t respect soft power.

The only government buildings that are remotely safe are the ones with metal detectors and armed they use in jails, yet jails are frighteningly dangerous because they hold bad people.  I don’t want good people to live in a jail.

Where do you get all these facts?
They are right in your phone if you want to find them.  The real point is that I won’t forget the facts I don’t like.  Gun prohibition fails everywhere because you can’t stop evil with ink on paper.  Unfortunately, that doesn’t stop politicians and judges from infringing on our rights.

I gave you 700 words.  Please leave me a like or a share.

Disarming the Victim- The Latest Shots in the Democrat’s War on Women

April 18, 2017

So let me get this straight.  A man murdered his estranged wife and an innocent student in a California school.  We are so desperate to ignore our own responsibility for self-defense that we blame anything and anyone but the murderer.  We blame the victims, and we disarm people who’ve been attacked and received restraining orders against their attacker.  Politicians across the country blamed the victim and the gun.  Let’s stop pretending that laws stop murderers.  Self-defense stops murderers.

Gun control failed again.  In the recent California case, the murderer was convicted of domestic abuse.  He had a history of drug use, yet he got a gun illegally.  Yes, you read that right.  A criminal got a gun he wasn’t legally allowed to carry in the gun-control-heaven of southern California.  California’s system of universal background checks failed again.

If you were shocked that drug and gun prohibition failed, then hang on because that was just the beginning.  The murderer then illegally concealed the handgun in public.  He illegally transported the firearm in his car.  The armed murderer illegally crossed into a 1000 foot “gun free” school zone.  He illegally brought the gun onto school property.  He illegally brought ammunition onto school property also.  The murderer then illegally discharged the handgun on school property, several times.  He illegally murdered his estranged wife.  He illegally killed one young student and injured another child who was hiding behind his wife.  He then killed himself.

If you watched the extensive news coverage of this attack then you would conclude that what we really need is another gun-control law to make what he did illegal.  Yes, the reports said we need another gun-control law.. because the 30 thousand firearms regulations we have already passed failed to stop a suicidal murderer.  Let that sink in for a minute.  Yes, the politicians and the media are that shallow, but their story sells.

We’d rather wallow in fake grief than stop the next attacker.  We’d rather blame the gun than take action to defend ourselves.  Think again if you say that the police will be there to protect you.  They wish they could, but they can’t.

Pretending that evil doesn’t exist cost lives.  Let me remind you about the disarmed victims who where murdered while they were waiting for state permission to defend themselves.  By law, Carol Bowne was supposed to receive her permit to buy a gun in 30 days.  She took out a restraining order against her ex- boyfriend.  This small hairdresser called the police when she saw her attacker near her home and near her work.  The local police in Berlin, New Jersey ignored her.  Carol Bowne was murdered after 45 days of waiting for permission to defend herself.  The anti-gun politicians and police in New Jersey thought it was better to let Carol bleed to death after being stabbed by her attacker on her driveway rather than let Carol have a gun for self-defense.

These New Jersey Politicians have company.  A few weeks ago, Democrat Governor Terry McAuliffe of Virginia said that domestic abuse victims don’t need a gun for self-defense.  McAuliffe vetoed a bill that would have let domestic abuse victims receive a temporary permit to carry a gun for self-defense after they had been to court and seen a judge in order to get a restraining order.   The temporary carry permit would be in effect while the victims applied for their state carry license.  Democrat Governor McAuliffe said no,

“The bill perpetuates the dangerous fiction that the victims of domestic violence will be safer by arming themselves.  It would inject firearms into a volatile domestic violence situation, making that situation less safe, not more.”

Governor McAuliffe is right in that Virginia is now a little safer.. if you are a domestic abuser.  McAuliffe made the world tragically worse for the victims of abuse.  McAuliffe and his political supporters can’t, or won’t, distinguish the defenders from the attackers.  McAuliffe has political company.  The elected Democrats in California and New Jersey can’t tell the difference either.  These Democrats will continue to blame the victim and cling to the failed fantasy of gun-control.  These politicians have done everything they can to stop the victims from defending themselves.

Shame on these politicians and shame on the voters who put them in office.  If your significant other beats you and you live in California, Virginia, or New Jersey, then I want  you to leave the state.  Move to a free state and take a firearms class in a hurry.

I’ve a modest proposal.  How about we prepare to defend ourselves if we’re threatened with violence.  Anything works better than sitting there and pretending that evil doesn’t exist.  Do something, but don’t pretend that passing the 30 thousandth gun law is any kind of a solution.  It is a political placebo masquerading as compassion.

The political crazies say that self-defense is really surrendering to violence.  They are wrong.  Please defend yourself and those you love because there is evil in the world; evil that we can’t control by putting more ink on paper.  Move to a free state if you have to, but please take action if you are at risk.  Do it for yourself, for those you love, and for those who love you.

Obama’s final year: Spends $36 Million Fighting FOIA lawsuits

April 16, 2017

Let’s put this in perspective.  Obama labeled his administration as “most transparent administration in history”.  The media trumpeted that claim.  In fact, Obama hid everything, to the point that news media sources had to routinely sue the federal government for access to routine records.  And, the government charged the press for the privileged of reporting.  My point?  How would the press have reported this same pattern of facts if Trump acted that way?  That is transparent bias, I’d say.

I hope the Trump administration is honest with the american people.

From the A.P.- The Obama administration in its final year in office spent a record $36.2 million on legal costs defending its refusal to turn over federal records under the Freedom of Information Act.  This information comes from an Associated Press analysis of new U.S. data that also showed poor performance in other categories measuring transparency in government.

“For a second consecutive year, the Obama administration set a record for the number of times federal employees told citizens, journalists and others that despite searching they couldn’t find a single page of files that were requested. And it set records for outright denial of access to files, refusing to quickly consider requests described as especially newsworthy, and forcing people to pay for records who had asked the government to waive search and copy fees.

The government acknowledged when challenged that it had been wrong to initially refuse to turn over all or parts of records in more than one-third of such cases, the highest rate in at least six years.

In courtrooms, the number of lawsuits filed by news organizations under the Freedom of Information Act surged during the past four years, led by the New York Times, Center for Public Integrity and The Associated Press, according to a litigation study by the Transactional Records Access Clearinghouse at Syracuse University. The AP on Monday settled its 2015 lawsuit against the State Department for files about Hillary Clinton’s time as secretary of state, at AP’s request, and received $150,546 from the department to cover part of its legal fees.

Source: Obama’s final year: US spent $36 million in records lawsuits

VIDEO: Berkeley cops sit in patrol car and watch as Trump supporters attacked – The American MirrorThe American Mirror

April 16, 2017

Berkeley police fled when Trump supporters were attacked.  Think about it for a minute..then tell me if you expected anything else.  Watch the video.  You need to read this old post if you thought the police in Socialist Berkeley would defend conservatives.  I feel sorry for the honest police in Berkeley. RM

“Berkeley Riots and the Political Climate Necessary for Hothouse Snowflakes”

“There were numerous reports from those on the scene that Berkeley police largely stayed back as Antifa agitators took pot shots at Donald Trump supporters on Saturday. “As the violence escalated police in Berkeley stood down and retreated from the crowds,” reporter Tim Pool tweeted. “I have never seen so few police at an event like this.” One observer claimed police “ran away,” despite several Trump rally attendees being attacked.

Source: VIDEO: Berkeley cops sit in patrol car and watch as Trump supporters attacked – The American MirrorThe American Mirror

BREAKING: House Ways and Means Committee Votes to Refer Lois Lerner For Criminal Charges – Katie Pavlich

April 14, 2017

It looks bad when a government official has to take the fifth rather than incriminate herself or her boss. IRS executive Lois Lerner is only one of many. RM

The House Ways and Means Committee has voted to 23-14 along party lines to refer former head of tax exempt groups at the IRS Lois Lerner to the Justice Department for prosecution. Although the details about exactly what charges will be have not yet been released, lawmakers are arguing Lerner has not been truthful with Congress or the IRS inspector general and leaked confidential tax information.

Source: BREAKING: House Ways and Means Committee Votes to Refer Lois Lerner For Criminal Charges – Katie Pavlich

Stereotypes and Realities of Guns on Campus- What were you thinking?

April 12, 2017

Should we allow guns on campus?  

My initial reaction to the question is the same as yours.  Are students responsible enough to defend themselves?  Why would we want a gun on campus?  On second thought, we call a guy with a gun every time there is a problem, on campus or off.  We often forget that fact.  That highlights the real issue here.  The real problem is with our inaccurate imagination.  We have an idealized view of campus life, and a stereotypical view of students.  Let’s add a dose of reality before we answer.  We don’t have to ignore our experience as we simplify our ideas.  A school campus is a dangerous place today.  Some people on campus are precisely the sort of people we want to go armed, for both their safety and for the safety of others.  Education is supposed to help us differentiate between things that seem roughly similar, but are different in important ways.  Lets educate ourselves on this issue.

Schools have changed over time.  Campuses and the cities they serve have moved closer together.  Students can leave campus and unwanted visitors can enter the campus with equal ease.  The campus today is also a business served by vendors of every kind.  Deliveries arrive at all hours of the day and night.  So, how does disarming the food delivery driver keep me safer?  We never bother to ask.

We never get past the slogans, such as, “Kids shouldn’t have guns on campus!”  Think about that for a minute.  The precocious and pimply faced 17 year old can’t legally carry off campus, so painting him as the face of campus carry distorts the question.  In addition, a student today is hardly the student you might remember from years ago.  A large percentage of today’s students have jobs and families.  Military veterans are returning to finish their degree.  Part time students go to school after working at their day job.  Older students return to school to retrain for a second career.  In fact, the very policeman you call when you’re off campus may be on campus tonight studying for her advanced degree.  Why should she be disarmed on campus?

Being a students changed in other ways as well.  Gone are the days of 3 ring binders.  Today, every backpack can be a treasure chest of phones, music players, computers, iPads, musical instruments, credit cards, and cash.  Those stolen items can usually be replaced after a crime.  Not always.

Innocence is irreplaceable.  Rape and sexual assault on campus, and on the way to and from campus, affects someone for a lifetime.  Crime on campus is fairly equally divided between assault, robbery and rape.  Women in college are three times more likely to be victims of sexual assault when compared to women overall.  A fifth of undergraduates and a tenth of graduate students report sexual assault through physical force, violence, or incapacitation.   You can argue that undergraduates can not legally carry on campus therefore arming students would be ineffective.  That is only part of the picture.  Robbers and rapists have a difficult time telling the difference between a disarmed 20 year old and a returning veteran who is 22 years old.  Using a firearm for self-defense reduces the likelihood that an attempted rape will be completed by 90 percent or more.

Statistics only tell part of the story.  In many states, older students can carry discretely all day long..but not when they are on campus.  In some cases, disarming older students on campus may disarm them at their day job as well.  We never credit the increased rate of victimization of graduate students as being caused by a gun free campus even though the crime took place off campus.  We should.

“But, we don’t want kids with guns on campus!”

I get that. Let us have the debate of who should go armed and where, but let’s look at the reality and get past simplistic slogans.  Let’s look at real people.

  • How does disarming the contractor who trims the bushes on campus keep me safer?
  • How does disarming the EMT who is picking up a sick student at the campus health center keep me safer?
  • How does disarming the wheelchair-bound student who takes night classes keep me safer?

Saying “We don’t want kids with guns!” begs the question.  Which students are you talking about, and has a plastic no-guns sign on campus actually made us safer?  Fortunately, we don’t have to guess.  We know.

We have thousands of man-years of experience that we can examine.  Ten states already allow concealed carry on campus.  Their experience is more powerful than papers full of academic speculation.

“We observe no particular risk from campus carry.  Permit holders commit firearms-related violations at a lower rate than even the very low rate for police officers. The rate is in the thousandths of a percentage point, and data from several states show that the rate is just as low for college-age permit holders.”

That is a lot of data to examine, but I have a simpler test for you.  Do you know which states already allowed concealed carry on campus?  Do you remember what happened when they adopted their campus carry policy?  The fact that you can’t name those states means that nothing happened when school campuses were treated just like everywhere else and students and staff were allowed to carry.  Nothing happened.  There were no rivers of blood on campus from concealed carry.  It was a non-event because a college campus isn’t special.

Does that really surprise anyone.. other than the faculty?

The Politically Incorrect Firearms Style Sheet for Non-Gun Owners

April 11, 2017

Firearms and the use of force often confuse the layman and the journalist.  This style sheet tries to present complex subjects in simple terms that are easy to understand for people who don’t go to gun stores or the range.  Perhaps you’ve read or heard a few news articles or editorials that missed the basic background facts of firearms.

These are the basics, and only the basics, but feel free to add your favorite additions.

Guns- are mechanical devices that launch a projectile. Sub-classifications include long guns and handguns.

Firearm- is a gun that accelerates a projectile with the expanding gasses produced by burning propellant.  Firearms are guns, but not all guns are firearms.  For example, air guns, spring guns, and blowguns are not firearms, but may be regulated as such in some states.  Some states also include flare and signaling guns as regulated firearms.

Long guns- are generally rifles and shotguns.  They typically require two hands to support and are fired with the butt of the stock resting against your shoulder.

Rifle- a long gun that stabilizes the bullet by making the projectile spin as it accelerates down the barrel.  Handguns typically have rifled barrels also.  The technique for spinning the projectile was invented hundreds of years ago.

Modern sporting rifle- See ARrifle.

Shotgun- is generally a smooth-bore long gun that shoots several small pellets.  (Smooth bore firearms don’t spin the projectiles they launch.)   Shotguns are usually loaded with shells rather than cartridges.  The shells contain shot (many BBs) rather than a single bullet.

Handguns- refer to guns that are small enough and light enough to be held in one hand without needing shoulder support.  Usually a pistol or a revolver.

Holster- is a pouch that supports a handgun.  Holsters are typically made of plastic or leather and cover the area around the trigger of the handgun.  Covering the trigger helps protect the person carrying the gun from having a negligent discharge.  Holsters may be carried on-body, or used in off-body carry when the handgun is stored in a purse or bag.

Revolver- is a handgun that stores individual cartridges in a rotating cylinder.    After it is fired, the spent cartridge case remains in the cylinder until the firearm is reloaded.  Modern revolvers fire each time the trigger is pressed.  Revolvers were in common use by the mid 1800s.

Pistol or auto-pistol- is a semi-automatic handgun.  They are typically loaded with a removable box magazine.  These handguns unload the fired cartridge and automatically load an unfired cartridge into the firing position after each shot.  Automatic loading pistols were invented in the late 1800s and were in common use by the early 1900s.

Bullet- The word comes from the French word for “small ball”.   A bullet is the projectile launched from a gun.  Bullets are typically made of lead or lead and copper.  The bullet is distinct from the modern brass case that holds the bullet.  The case stays in the gun and is not fired down the barrel.  The nose of the bullet may be solid or hollow.

Cartridge–  Modern ammunition combines a bullet, case, powder, and a primer into one mechanical assembly called a cartridge.  Ammunition cartridges were invented in the early 1800s.

Brass– a term of art referring to a cartridge case usually made of brass.  Often used in the phrases “Pick up your brass.” or “They left their brass behind.”

Clips- are mechanical strips that hold several cartridges so the cartridges can be easily loaded into a firearm.  Most clips do not become part of the gun when it is fired.  Modern firearms hold their ammunition cartridges in removable box magazines rather than using clips.

Silencer, muffler, or can- a baffle or muffler attached or built into a firearm.  Mufflers designed for firearms were patented in the early 1900s.

Lethality- All guns are lethal.  Metal objects moving over 200 miles per hour will penetrate skin.  Even being shot in the hand could prove fatal without medical attention.  Handgun bullets are moving at about the speed of sound.  Rifle bullets move at twice that velocity. 

Autoloading or automatic loading is a technical term that describes how a firearm operates.  During each shot, an autoloading firearms removes the spent case from the gun, loads a new cartridge, and prepares the firing mechanism to shoot again.  These actions take place without the intervention of the shooter.  In contrast, some firearms require the shooter to perform each of these actions separately.  Autoloading guns are distinct from automatic firing firearms.

Automatic vs semi-automatic weapon– A semi-automatic firearm shoots one bullet each time the trigger is pressed.  In contrast, an automatic firearm shoots as long as the trigger is pressed.  Most modern military long guns are automatic weapons.  The few automatic firearms owned by civilians are collectors items.  They cost tens of thousands of dollars and take months of federal background checks to buy.  Automatic rifles were invented in the late 1800s.

Concealed carry- carrying a handgun either on-body, or in a case or bag, where the firearm is easily accessible and not visible to the casual observer.

Open carry- displaying a handgun, typically outside the waistband, and uncovered by other clothing.

Concealed carry license (concealed firearms license, concealed weapons permit)- is a state permit allowing the person to carry a firearm in public.  Most states do not regulate carrying a firearm on your own property.  Some 15 million people are legally allowed to carry concealed in the US.

Concealed carry class- the training taken to carry a firearm concealed.  Different states impose different requirements on the classroom and range-training required to receive a concealed carry license.

Reciprocity- The legal agreements between states where one state recognizes the rights of civilians and law enforcement officers to carry a concealed firearm if the individual is licensed to carry in his home state.  Some states don’t have reciprocal agreements.

Constitutional carry states- are states that allow legally armed citizens to carry a firearm in public without a license.  At least 14 states passed constitutional carry.

Magazine- the compartment inside a firearm or on the outside of a firearm where ammunition is stored.  Long guns frequently have an external box magazine that attaches to the bottom of the gun, or a tubular magazine that runs under the barrel.  Auto-loading handguns typically have a magazine in the grip where the gun is held.  The box magazine may be removable or fixed in place.  Contemporary firearms are reloaded by removing the empty magazine and inserting a loaded magazine.  Ammunition magazines can be reloaded when they are removed from the firearm.

Sights- are mechanical aiming devices that usually sit on top of a firearm.

Optical sights- usually a telescope with an internal crosshair used for shooting distant targets.  Optical sights can both magnify the target, and allow the target and crosshairs to be in focus at the same time.

Stock a.k.a. furniture- The extensions that fill the space between the mechanical parts of the gun and the person holding it.  The butt end of a rifle’s stock rests against your shoulder.  The piece lying under the barrel is called a foregrip.  Once made of wood, most are made of plastic these days.  Stocks may be fixed or adjustable to fit different size shooters.

Caliber-  the size of the bullet, and also the name of a cartridge.  Caliber generally refers to the diameter of the bullet.  Some cartridges that shoot the same diameter bullet are given slightly different names to differentiate them..and to confuse everyone else.  Some are measured in thousands of an inch, and some in millimeters.

High-powered firearm- this term traditionally meant firearms used to take medium to large animals while hunting.  Firearms that pushed a heavy bullet at high velocity killed animals quickly.  Some states prohibit hunting with low-powered firearms because a wounded animal may run away and die slowly.

AR rifle-  A rifle developed by the American company Armalite.  Military versions are called the M-16, and later the M-4.  They are medium-powered, lightweight, military rifles developed in the late 1950s.  Only a handful of civilians own a true military AR rifle because these guns are automatic weapons.  Civilians typically own a semi-automatic version called the AR-15.  Military forces do not, and would not, field an AR-15 rifle.

AK rifle- A rifle developed by Russian Mikhail Kalashnikov and the company named after him.  They are medium powered, medium weight, military rifles developed in the in the late 1940s.  Military versions were called the AK-47.  Only a handful of civilians in the United States own a military AK rifle because they are automatic weapons.  Civilians own a semi-automatic version patterned after the AK rifle, though both are called AKs.  Military forces do not and would not field the civilian semi-automatic version of the AK rifle.

Assault Rifle (military)-  Dedicated assault rifles were developed at the end of World War II.  These rifles fire a medium powered cartridge since troops were expected to shoot them on the move.  These rifles are designed for  light-weight since troops have to run with them during an attack.  Contemporary assault rifles can be selected to fire automatically, semi-automatically, or in short bursts.   They are neither as powerful nor as accurate as a main battle rifle.  The few assault rifles in civilian hands are expensive collectors items since they are automatic weapons.

Assault Rifle, assault weapon (political)-  a firearm with features a politician doesn’t like.  Most modern firearms have been called “assault weapons” by some anti-gun politician at some point.

Background check-  a search of criminal records to determine if a person is prohibited from buying a firearm.  The background check is typically conducted through the FBI NICS system.  Some states perform their own background checks in addition to using the NICS system.

Prohibited person- someone with a criminal record who would not pass an FBI NICS background check.

FFL- a federal firearms licensee.  A person who received authorization to buy and sell firearms on a regular or commercial basis.  There are several types of federal firearms licenses depending on the type of business and the firearms being sold.  FFLs typically start the background check process.

Private sale, person to person transfer- A firearms sale that does not involve a federal firearms licensee.  Private sales are legal in most states.

Interstate transfer- moving a firearm from one state to another state for sale.  Based on federal law, guns must first be transferred from a FFL in one state to a FFL in another state before they are then sold to an individual.  Some states restrict interstate transfers of all firearms.

Arsenal- a government establishment where military equipment or munitions are manufactured.

Armory- a storage place for weapons.

Self-defense- is a human right.  Self-defense is also an affirmative legal defense in that the defendant stipulates that he deliberately used force, but that the use of force was justified.  The claim of self-defense is qualified.  The defendant must show that he did not start the fight, faced a serious threat, that the threat was immediate and unavoidable, and that the defendant was engaged in an otherwise legal activity.

Castle doctrine- is a legal doctrine that an individual is secure in his residence, vehicle and place of business.  Castle doctrine places the legal burden on the state to show that the use of force was unwarranted.  In particular, the castle doctrine modifies the duty to retreat.

Duty to retreat-  is a legal doctrine that says individuals have a duty to avoid a violent encounter.  The law came from English common law, where one party in an attack asserts that he took a step back and his attacker closed the distance in order to attack him.  This established who was the attacker and who was the defender.  It is generally held that a defendant does not have to retreat if doing so would present a greater risk than remaining in place.

Stand your ground law- is a legal doctrine that modifies the duty to retreat.  For example, some states would deny a claim of self-defense by a domestic violence victim as long as there was any remaining means of escape from a violent situation.  Some states with a stand your ground law place the burden of proof on the state in cases of self-defense.

%d bloggers like this: