From: asbestos@nwu.edu (Michael A. Atkinson)
Newsgroups: rec.guns,talk.politics.guns
Subject: DEFENSE Re: Self defense hypothetical
Date: 27 Jan 93 04:56:11 GMT
Followup-To: talk.politics.guns
Organization: Chaos


[MODERATOR:  Well, I think what Mike writes is fodder for t.p.g., and I
should be true to our charter and redirect.  But he gives a valid response
to a valid question that appeared here previously, so I'll put this one in
here, and definitely move to t.p.g. on followup.....]

lairdb@crash.cts.com writes:

<Snip-O-Matic>

#I would have to guess that the originator might mean a situation where
#perhaps the act *was* self defense, but the being-armed was unlawful.

I believe that almost every so called "gun control" law is clearly
unconstitutional (and if you want to remark on THAT, send it to my
mailbox), and yet, I find no urge to be a test case.  I live in Evanscum,
a Soviet of the People's Republic of Illinois, and it is not legal for me
to own or carry any firearm.  I will not carry a firearm here without
really sufficient cause, which I fortunatly don't have.  If such a cause
presented itself, I'd move, B.S. in Education and Social Policy be damned! 

#Suppose Our Protagonist is in D.C., and has chosen with full knowlege
#of the law to own and carry a firearm (both unlawful in D.C.)  He is
#attacked by a PCP crazed, strung-out, 6 foot 8 bodybuilder wielding
#a blood spattered machete screaming "You're next!  Ah ha ha ha ha!" 
#(let there be no ambiguity in our example.)  Our Protagonist draws,
#says appropriate things, and finally fires.  It takes two A-zone hits
#to stop the assailant.  It's dark, no one is about (except Our
#Protagonist and Mr. Leaking-on-the-ground.)  Now what?

I would recommend Our Protaganist to move out of D.C.

Assuming that there is good and sufficient cause to live in D.C. (and I'd
sooner carry an pistol in the PRI), and that OP is an otherwise law abiding
and conscientious firearms owner (let's say that s/he's a graduate of LFI
or equivalent)...

I myself would still be inclined to wait for the police.  I'd rather face
the certainty of charges of unlawful carry, or whatever, than the
possibility that Sarah Brady videotaped the damn thing and I stand charges
for murder (She'd only tape the part of me shooting, of course...).

I also think that it is a better moral position to call the police after
the shooting.

I would also find it difficult to hold it against somebody that picked up
their brass and split.

(But I would find it impossible to find a non-violent non-felon guilty of
ANYTHING in this situation, if I were on his jury.)

#(As I wrote this, I got more and more curious about what people's
#opinions are on this and similar: imagine any typical example situation
#in which O.P. fires (returns fire?) such as a mugging, carjacking,
#etc.  Is there a point or situation in which O.P. chooses to collect
#his brass and vanish?)

Like I said, I don't believe there is a situation in that I would do this.  

#(Disclaimers out the wazoo, of course....)

No kidding!



Mike
-- 
Michael A. Atkinson    | "Macintoy" is Copyright (c)1992 by 
asbestos@nwu.edu       |                 Chaos Organization.
                         
            A Libertarian and an NRA member.