Archive for the ‘Self-Defensive Gun Use’ Category

Gun Control Irony

Yeah, yeah. I try not to post this stuff on my blog, but this one is pretty important.  It was posted on Penigma, but I want my other post to get a few more views before this shows up again on that blog.

On the other hand, this needs to get out there.  That said:

It would be really ironic if instead of all the mass shootings the US has suffered (my condolences to the victims and their families of those), that the incident that caused people to realise the US needs gun control is an out of control suburban mother fighting over a notebook in a suburban Wal-Mart.

No, pulling a gun in this situation is not self-defence by any stretch of the imagination.  No one was fearing death or serious bodily injury which would justify even the threat of deadly force.

The woman pulling the gun is committing Felony Assault under Michigan law, Section 750.82.

The offense of Assault with a Deadly Weapon (ADW), is also known as Felonious Assault in Michigan. ADW is felony which is punishable by up to 4 years in prison. ADW is a crime which involves an assault with a deadly weapon (such as a gun or knife) or any other instrumentality which is fashioned or used as a weapon (car, club, bottle) which is capable of inflicting serious bodily injury or death. A criminal charge or conviction does not require actual physical contact or an injury. The offense is considered complete upon placing another in fear of an assault by a person who possesses a deadly weapon

Michigan law requires that the defendant “must have honestly and reasonably believed that he or she was in danger of being killed, seriously injured or sexually assaulted” in order to use deadly force.  Additionally, the defendant “may only use as much force as he or she thinks is necessary at the time to protect himself or herself.”

While a person may believe he or she had acted in self-defense, the police, prosecutor, judge and jury may disagree.

No shots need to be fired for her to be found guilty.

I’m not sure how the “pro-gun” crowd can defend this action.  I know responsible gun owners don’t, but it’s time they stepped up to the plate and admitted this shit happens too often with the relaxing of concealed carry law for it to be condoned.

It’s time to give Presser v Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 (1886) yet another plug.

One of the many failings of the Heller-McDonald bullshit is that those cases were not cases of first impression, but that post is coming in the future.

See also:

What Does Brandishing Mean? And Why You Should Never Do It…

A Simple Question about Melanie Hain.

Would she be dead if there were not firearms in her house?

She wasn’t killed with a flyswatter, mousetrap, pencil sharpener, piece of paper, cross bow, knife, brass knuckles, axe, machete, chain saw, stapler, toothbrush, or frying pan.

SHE WAS KILLED BY A GUN

So, why do the gun cretins try to hide that point?

Precisely because their arguments are based upon lies. Actual defensive gun use is a very rare event, as opposed to the anecdotal incidents provided by the gun cretins.

Kleck and Lott are discredited surveys. In fact, John Lott makes Michael Bellesiles look positively honest, yet there are few screams from the lynch mob who went after Bellesiles for Lott’s position. Google Mary Rosh next time you feel the urge to use “More Guns, More Crime” as a source when you try to argue with someone knowledgable about the issue.

The problem is that the better statistics that exist are on the side of gun control. Those being that a gun in the home will more likely harm a family member, Carrying a gun increases risk of getting shot and killed, defensive gun use is rare, and a woman is more likely to be killed by someone with a gun in a domestic situtation.

Sorry, but the numbers were against her.

But the gun cretin crowd wants to keep it so that it appears there aren’t valid reasons for gun control. You can’t show that most crime guns are purchased “legally” if gun trace data isn’t available courtesy of the Tiahrt Amendment. You can’t show gun laws work if you can’t show the links between the legal sources of crime guns. You can’t argue that people are more likely to be killed with their own guns with inflated numbers like those provided by Kleck’s surveys. It’s easier to hide under false statistics such as Kleck and Lott when there isn’t a source of valid data to contradict those studies.

But, it’s pretty obvious that the gun cretin crowd wants to hide from the simple fact that Melanie Hain was killed by a gun she hoped would provide her with protection.

Also another sorry, but the guns could have been taken from the home under the current weak gun laws. There was no reason for those firearms to be in her home other than her perceived “Second Amendment” (Actually it is under Section 21 of the Pennsylvania Constitution’s Declaration of Rights: The right of the citizens to bear arms in defense of themselves and the State shall not be questioned) and her belief that her gun would be used to defend herself from unknown assailants.

Sorry, but you can’t hide from reality for too long.

Because you are mentally ill if you do and you have made yourself a disqualified person.

I only rejoice that someone who was a fool has been removed from this earth and I wish that the rest of you idiots would see sense, no matter how foolish that hope might be.

Self-Defensive Gun Use by Crime Victims

Timothy C. Hart; Terance D. Miethe: Self-Defensive Gun Use by Crime Victims: A Conjunctive Analysis of Its Situational Contexts, Journal of Contemporary Criminal Justice Volume:25 Issue:1 Dated:February 2009 Pages:6-19
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=248399

Abstract:

The study found results similar to other research; after examining self-defensive gun use with National Crime Victimization Survey (NCVS) data analysis revealed that victims of violence rarely used a firearm self-defensively during a criminal incident. It was found that only 1 percent of the over 20,000 violent offenses in the sample involved self-defensive gun use. The average level of self-defensive gun use was also infrequent (2 percent) when the unit of analysis was the 42 situational contexts observed in this study (situational contexts include such crimes as assault, rape, robbery, time of day or night, etc.). Even in the most prevalent context for defensive gun use, rape, only 17 percent of the victims in these situations said that they used a gun for self-protection. The likelihood of defensive gun use varies widely across contexts and is most often effective at helping the victim rather than hurting them in those situational contexts in which self-defensive gun use occurs. However, because NCVS data do not include homicide victims and may be susceptible to various types of social desirability factors that minimize the expression of negative feelings about one’s self-protective actions in general, it is suggested that these results be viewed as tentative until confirmed through other data sources. Data were collected from 20,631 respondents who experienced nonfatal violent victimization.

Posted 10/10/2009 by lacithedog in Self-Defensive Gun Use