Andrew Branca posted this at Legal Insurrection.
It is an important issue, and one that is not addressed adequately in the training that a person receives when they get their gun permit.
It is also not a scenario that most people prepare themselves for, and that lack of preparation can cause hesitation or indecision at a crucial moment.
Well worth your time to read.
In the aftermath of another black-on-white racial gang attack (this time at a Kroger market in Memphis TN), Andrew Branca published a follow-up article on the use of deadly force against unarmed assailants.
Once again, Mr. Branca reiterates the 5 elements of self-defense:
And he relates them to the facts of this case (as they are currently known).
6 days! The first arrest under the draconian and pointless “assault rifle” and “high-capacity magazine” law took place on the morning of January 6:
“The handgun was loaded with 11 bullets, and had a magazine capable of handling 15 rounds, police said…The gun owner told Norwalk officers that he was unaware of the law or the deadline, according to the police report. He was issued an infraction for possession of a large-capacity magazine and having a mutilated license plate. The weapon was returned to the owner, under the condition that he keeps the magazine separated from the handgun, and he was released at the scene, police said.”
Read the whole thing, especially the reason that the man was pulled over.
Now, if you are a handgun permit holder, and you carry a gun that can accept a high-capacity magazine, you have the option to do so provided that you only load 10 bullets in it. And perhaps you carry an extra magazine, as recommended by many self-defense experts.
But what happens if the arresting officer decides to take a bullet out of your spare magazine and load it into the magazine that was in your gun. You are a felon, that’s what. There’s probably no way to prove that is what happened, and you are left holding the bag. Or the mag.
My advice to Connecticut permit holders is to avoid carrying a gun with a high-capacity magazine in it, and eliminate the chance that this could happen to you. Carry extra magazines, and be sure to tell people why. And also, practice reloading drills. You might not become Jerry Miculek but you can certainly improve your time.
Think I am being paranoid? You might be right.
But if the police feel entitled to shoot 90-pound children who have been tased and restrained, what wouldn’t they do?
Well, here in Connecticut, the registration deadline has passed for “assault weapons” and “high-capacity” magazines. If you have one and it isn’t registered with the Gestapo, you are a felon.
There is talk of extending the deadline, due to the inability of the Department of Public Safety to process the registrants that made every effort to comply, but no word on that.
There are lawsuits against this dumb law moving forward as we speak, but the wheels of injustice grind slowly. How finely they grind is another matter. In the meantime, it is the law of this land, formerly known as the Constitution State.
You can read the act here:
“Using data for the period 1980 to 2009 and controlling for state and year fixed effects, the results of the present study suggest that states with restrictions on the carrying of concealed weapons had higher gun-related murder rates than other states. It was also found that assault weapons bans did not significantly affect murder rates at the state level. These results suggest that restrictive concealed weapons laws may cause an increase in gun-related murders at the state level. The results of this study are consistent with some prior research in this area, most notably Lott and Mustard (1997).”
Another observation from Reason:
“The most recent Reason-Rupe poll reports that 63 percent of Americans don’t believe that stricter gun laws would keep weapons out of the hands of criminals.”
I realize that these observations are old news to gun owners. But having respected establishment media organizations admit them is a relatively new thing. And having these facts in your back pocket can help you shut down the lies of anti-gunners that you will inevitably end up debating in your life.
A story has been circulating in the gun blog world, a podcast interview with a crime victim as well as the original AR15.com thread where he posted his story.
After listening & reading, I (like many others) believe that there are lessons to be learned from this man’s unfortunate experience.
What those lessons are may depend heavily on the biases that you bring to the analysis.
This guy has beaten himself up plenty over this incident, and I am not trying to pile on. But he made some major errors that are entirely correctable.