Wednesday, August 20, 2008

The Good Guys Don't Always Win

Another one from Xavier. Go here and read the whole story.

Did you read it? Good. Here are a few things I hope you noticed.

"As they walked from the business toward their Chevrolet Tahoe vehicle, Katherine, who was carrying the night deposit from Catfish King, observed a male suspect running toward her from the wood line at the back corner of the property," an arrest affidavit stated. "She heard the suspect yell something, but she did not understand what he said."

Womack, brandishing a handgun, then shot Jeffreys in the ankle before exchanging gunfire with Labrozzi, who had a handgun on him, the report stated.

If the story here is correct, he never gave them a chance to comply, or even make sure his demands were understood. He just started shooting.

Criminal records show Womack has one prior arrest. Hudson police booked him into Angelina County Jail in March 2007 and charged him with deadly conduct for allegedly fighting at Hudson High School where he was a student.
Like most criminals who kill, this was not his first time breaking the law, and not his first violent crime either.

Sunday night's deadly attempted robbery is the second incident in eight months at Catfish King in which an armed robber approached a manager closing the business. [...] In the December robbery, the woman [ed. - Not the same woman.] told police she was walking to her car when she heard a rustling noise in the woods before two males with blue bandanas approached her. One pulled a handgun and told her, "This is a robbery." The other sprayed the woman with pepper spray and took her purse before both ran back into the woods.
Again, the victim was attacked without being given a chance to comply. She was lucky they only wanted the money, and not her. That robbery could easily have turned into a kidnapping and rape once she was incapacitated by the pepper spray.

A month later, the same assistant manager was robbed at gunpoint while making a deposit at Huntington State Bank[.]
That makes three robberies since December, two of which were on the premises. This business has obviously been targeted. The cockroaches have been watching to learn where the money goes, and when, and have been taking advantage of it. It makes me think that Labrozzi was escorting Jeffreys (his girlfriend) because of the previous incidents. I would be. The police simply cannot be there every single night for every business, or even for one business every night for eight months. I think he knew that.

Things to learn from this:

1) The cockroaches won't always threaten and make demands, often they simply attack and take. Don't trust them not to attack.

2) Be aware of your surroundings. Condition yellow is good. If you're carrying large amounts of money, at night, with few or no other people around, you should be even more alert. Something closer to condition orange, but with no specific threat source. In my mind I call this condition amber. You are both vulnerable and desirable as a target, but there is no specific threat to focus on.

3) The police cannot protect you if they are not there with you when the attack occurs. If that were the case, the cockroaches would either go somewhere else, or wait until the police are not there to protect you. Do not rely on the police to protect you.

4) The sad truth is that, even if you are aware, alert, armed, and prepared for an attack, you still might not survive. All that only gives you a greater chance of survival, not a guarantee. Unfortunately, one innocent in this case did not survive. However, his sacrifice allowed his girlfriend, another innocent, to survive, and allowed the police to catch this particular cockroach.

This is nothing but a tragedy, but
Keith Edward Labrozzi II, 24, of Lufkin, Texas, died a hero.

Tuesday, August 19, 2008

Why should I always carry?

Xavier has a good post by Don Myers on why we should always take advantage of our carry permits. You should also check out this (which gives details on the story behind the post) and this (on recognizing threats), both related to the topic.

Bottom line, evil happens everywhere.

Thursday, August 14, 2008

Enough is enough.

[The following was posted by me as a comment at SayUncle in response to another comment. I've seen this same sentiment expressed in comments in various other blogs, and couldn't leave it alone anymore. The shooter shall remain nameless.]
-------
"Well you gotta admit they secured the perimeter at Va.Tech. Not one cops got across it before [nameless one] was finished. That’s a hundred percent effective. And they never lost a victim, they found them all."
Straightarrow: Please read the timeline from the report on Virginia Tech. It's available here. Specifically, look at page 7 of the PDF that link takes you to.
"9:45 a.m. The first police officers arrive at Norris Hall, [...] rush to one entrance, then another, and then a third but find all three chained shut. Attempts to shoot open the locks fail." (emphasis added)
and on page 8:
"9:50 a.m. Using a shotgun, police shoot open the ordinary key lock of a fourth entrance to Norris Hall that goes to a machine shop and that could not be chained. The police hear gunshots as they enter the building. They immediately follow the sounds to the second floor."
The news cameras didn't get there until 10-15 minutes into the incident. That's when all the footage of officers outside was filmed. Yes, they were securing the perimeter... BECAUSE OTHER OFFICERS WERE ALREADY INSIDE!

I don't know if you're familiar with Norris Hall, but 5 minutes is about the right amount of time to run around the building to try the main entrances, and then figure out where else you might be able to get inside. The ground floor windows are not an option. They have metal panes, and the windows themselves are very narrow. I doubt a full grown man in a ballistic vest and a gunbelt could squeeze through easily, if at all, and it would be stupid to try when you don't know if the gunman could come into that room while you're halfway through.

I'm sorry if I come off as ranting here, but I've seen this same sentiment in several blog comments over the last few weeks, and I can't let it go unanswered anymore. It pisses me off, because it ascribes cowardice where none exists, because it's WRONG, because it's based on MSM misinformation, and because the facts can be easily checked by anyone interested.

Sunday, August 10, 2008

Road Rage + Concealed Carry Permit = NO Shots Fired!

Story here.

The summary is: Lost college student pulls over to check his map. Guy in a Porsche pulls in behind him, gets out of his car and approaches with a baseball bat, yelling about how slow the student was driving. Student takes his Glock out of the glove compartment, gets out of the car with the pistol visible. Man with bat puts his hands up, gets back in his car and drives away.

The student called law enforcement from his parents' home, no charges filed against him.

A perfect and legitimate defensive use of a firearm.

h/t to Sebastian at Snowflakes in Hell.

Wednesday, August 06, 2008

Jury Nullification

Wandering around the web, I stumbled on this thread on jury nullification at Patterico's Pontifications. The best comment on the subject I found there is this one. In part:

Jury nullification is the reason for juries in the first place. Absent that power, there is no reason whatever to involve nonspecialists in evaluating evidence and applying the law.
[...]
The reason juries exist, and are supposed to be made up of the “peers” — social equals — of the defendant, is that the jury has the power to say, “Yes, this was a violation of the law, but the law is an ass in this case. Turn ‘im loose!”
[...]
A jury that cannot nullify is not a jury. It is a panel of incompetent lawyers. Eliminate that power and you have eliminated the guarantee that the jury system offers the accused.
The important part here is "in this case." Jury nullification in one case does not affect any other case - past, present, or (for the most part) future. It applies only to the specific case the jury is deciding. Unlike a circuit court (or higher) decision, it is not binding on any other case, anywhere - even in the same court the next day. The law remains as it was.

It can also be a great tool if the legislature is not paying attention to the people. If enough prosecutions under a bad law are victims of jury nullification, there's a good chance the prosecutors will stop bringing charges under that particular law, because it looks bad if they lose (and that is where it can affect future cases).

Having said all that, there is another important point that needs to be made. Jury nullification is a tool that should be used both sparingly and carefully. It has been used for good (when juries would refuse to convict conductors on the underground railroad) and evil (when juries would refuse to convict klansmen for murders). It still has that potential today, and likely always will.

Note: I know this was an old thread, but I got inspired, and just couldn't leave the subject alone.

Monday, July 28, 2008

Heller, Round 2!

Really, who didn't see this coming?

In a complaint filed Monday in U.S. District Court, Dick Heller and two other plaintiffs allege that the city's new gun regulations still violate rights guaranteed under the Constitution.

h/t to David Codrea at The War on Guns.

Saturday, July 19, 2008

Xavier Thoughts: An Encounter At Wal-Mart

This was posted back in March, but I just stumbled on it today.

Xavier Thoughts: An Encounter At Wal-Mart

It's a good example of why situational awareness is so important, and how to handle the aftermath of a defensive gun use when no shots are fired and the bad guys leave.

I've also added Xavier Thoughts to the list on the left, once I realized it wasn't there.

Monday, July 14, 2008

Saturday, July 12, 2008

A Missed Point About Heller

I never got around to posting an analysis of DC v. Heller. There have been so many others on the web who have, and have done a better job than I probably could, that I just didn't do it. (And I succumbed to a bit of Heller "burnout" reading so many of them.) But there's one point I've noticed missing from most of those otherwise excellent blog posts. I've mentioned it in a couple of comments, but haven't really seen it anywhere, so here it is:

Heller will eventually lead to a ruling that a state may prohibit either open carry or concealed carry, but not both.

There are two key passages:
As the quotations earlier in this opinion demonstrate,the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute.Under any of the standards of scrutiny that we have applied to enumerated constitutional rights, banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.
and:
It is no answer to say, as petitioners do, that it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed. It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon.
DC v. Heller, 554 U. S. ____ (2008), p. 56-57, (PDF p. 59-60)

Heller
dealt only with carrying firearms within one's home. However, by so inextricably joining the 2nd Amendment to the right to self-defense, the Court has left the door wide open to a future ruling that some form of carry (open or concealed) must be allowed outside the home as well. This follows from the simple fact that a person's right to self defense does not end when he leaves his home. There is ample case law supporting an individual's right to self defense, and most of it deals with situations where the individual in question is not at his home or place of business.

From this it is simple. If I have the right to self defense outside my home, and that right is "central to the Second Amendment right," then a law restricting my Second Amendment right only to my home cannot be constitutional. I have that right in any place that I have the right to self defense.