This question is in the news because of the St. Louis controversy (see, e.g., here and here ); but I thought I’d discuss it more broadly, because the answer is surprisingly unsettled. [1.] To begin with, recall that, as a general matter, you can lawfully use deadly force to prevent death, serious bodily injury, kidnapping, or […]
From Justice Massa’s unanimous opinion in Gammons v. State , decided Friday: At his trial for attempted murder and carrying a handgun without a license, Anthony Gammons, Jr. asserted that he acted in self-defense. According to Gammons, he feared for his and his son’s lives when he shot the intoxicated and aggressive Derek Gilbert—testifying that […]
As Democrats and other leftists push to defund the police, gun stores around the country are witnessing a surge in gun and ammunition purchases.
For fans of legal restrictions on self-defense rights, 2020 is a disaster. It provides continuing evidence that to push gun control proposals is to advocate that the likes of Derek Chauvin—the Minneapolis cop who killed George Floyd—should be armed, while the communities they terrorize should be helpless. It is also to insist that when police […]
"When There's an Unarmed Person Coming at Them with a Knife or Something, You Shoot Them in the Leg"
From Yahoo News (David Knowles): “Instead of standing there and teaching a cop, when there’s an unarmed person coming at them with a knife or something, you shoot them in the leg instead of in the heart is a very different thing. There’s a lot of different things that could change,” Biden said in a […]
I touched on this briefly in my looting/shooting post , but I thought I’d elaborate a bit more (especially since the commenters seemed to be interested in both the legal and moral aspects of this question). Note that this is, as usual, not specific legal advice, but just a general layout of how various American […]
From Fox-13 (Ken Suarez & Catherine Hawley) : Sheriff [Grady] Judd … said there’s a difference between a protester and a rioter and rioting will not be accepted…. Judd said there were rumblings on social media that rioters planned to bring violence into the neighborhoods of Polk County. “I would tell them, if you value […]
Twitter flagged President Trump’s below with the label, “This Tweet violated the Twitter Rules about glorifying violence. However, Twitter has determined that it may be in the public’s interest for the Tweet to remain accessible”; it also hid the Tweet so that it wouldn’t be visible until people clicked on it (which I’m pretty confident […]
This Case, Which Resulted in a 20-Year Prison Sentence, Supposedly Showed How Florida's 'Stand Your Ground' Law Lets People Get Away With Murder
After Michael Drejka lethally shot Markeis McGlockton outside a convenience store in Clearwater, Florida, last year, the case was widely portrayed as an example of how that state’s “Stand Your Ground” self-defense law supposedly lets people get away with murder. Yet Drejka was charged with manslaughter a month after the incident, convicted by a jury […]
Check out this news story from Thursday’s Virginian-Pilot (Jane Harper ); I found it especially because it’s unusually rich in personal detail. A brief excerpt: The officers looked stunned as they surveyed the scene, he said. The man immediately recognized one of them: She’d been among the officers who came to his mother’s and stepfather’s […]
American law generally has different rules for use of deadly force in self-defense than for use of non-deadly force: By and large, you can use deadly force to defend yourself only if you’re being threatened with death, serious bodily injury, rape, kidnapping, or, in many states, robbery (and, in some, burglary). You can generally use […]
Michigan Court of Appeals Has Reversed the Felony Assault Convictions of a Gun Owner Who Acted in Self-Defense
One year after Siwatu-Salama Ra was convicted of assaulting a woman with a deadly weapon and committing a felony while in possession of a firearm, the Michigan Court of Appeals has reversed her conviction. Both charges stemmed from an incident in which Ra sought to protect herself, her 2-year-old daughter, and her mother from a […]