How, when the police cannot or will not do their jobs, does the law of self-defense change?
The “summer of love” is transmogrifying into the fall of our discontent. In these uncertain times, we find our situation reflected in art, more specifically The Second Coming, written in 1919 by William Butler Yeats:
Turning and turning in the widening gyre
The falcon cannot hear the falconer;
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.
Millions of Americans continue to buy guns and ammunition, emptying store shelves, and some of them are first time buyers, including D/S/Cs. Motivating this run on gun stores are a variety of factors, including the vast and vicious schism between our political parties, the very real threat of the destruction of our right to self-defense and right to keep and bear arms should D/S/Cs seize ultimate governmental power, the pressure brought by D/S/Cs on our police, including preventing them from doing their jobs, and in some cities, dramatically defunding them, and of course, the rampant lawlessness encouraged, and actually aided by D/S/C forces and politicians.
Political calculation is also involved. D/S/Cs unleashed their Antifa/BLM shock troops, calculating they could use the violence and disorder against President Trump. It didn’t take long for them to realize their calculation was backfiring in the ashes of the businesses and communities of the people they claim most about to care and most to want to help. And then, mirable dictu, they discovered they couldn’t control the monster they unleashed, a monster that wasn’t really true socialist/communist revolutionaries dedicated to the D/S/C cause and willing to take orders from its dimwitted leaders, but sociopathic monsters who delight in destruction, misery and death.
Millions of Americans actually find themselves in situations where the police cannot and will not help them. Their 911 calls go unanswered; no one will come to save them. They watch violent felonies committed in real time on TV as dim-witted “journalists” stand before burning riots and talk about “mostly peaceful protests,” and watch the police, when they’re present at all, merely standing idly aside, allowing Antifa, BLM and other thugs get away, figuratively and actually, with murder. And for many, the realization dawns, for the first time, they really are on their own.
For decades, anti-liberty/gun crackvisits, almost entirely D/S/Cs, have assured us the Second Amendment was outdated. Why, Americans are fully protected, everywhere, by law enforcement! Only trained professionals should have guns; there is no need for self-defense. Let the professionals handle it. Of course, the same people occasionally, and until recently quietly, argued even the police ought to be disarmed, but that argument has been overtaken by demands for the complete abolition—the “reimagining”–of police forces.
Thankfully, the kind of anarchy I describe is, for the time being, confined virtually exclusively to D/S/C ruled cities, where even some of the socialist/communist city councils are showing themselves to be more despotic than their mayors–a significant feat. However, as the forces of destruction are moving, more and more into the suburbs, and harassing normal Americans in restaurants and elsewhere, Americans outside D/S/C self-inflicted hellholes recognize as never before the possibility they too could find themselves in situations where they have to use force—even deadly force—to protect themselves or those they love.
Rural Americans have long known the police can’t protect them; the distances involved are just too great. D/S/Cs have unwisely forced the dawning of that realization on the rest of the country. What’s the difference between officers an hour away at top speed, or officers potentially five minutes away if those officers have been reimagined out of a job?
How, when the police cannot or will not do their jobs, does the law of self-defense change?
Thankfully, in most of America, nothing has changed. People acting in lawful self-defense are unlikely to be arrested or prosecuted for their reasonable actions. However, “most of America,” isn’t all of America, and even if one doesn’t live in one of those “law and order optional” places, they may find themselves driving through one, perhaps even one that changes into such a benighted place within seconds. What then?
Disclaimer: I am not an attorney. I’m providing only general information for your consideration. It is not legal advice. You are responsible for knowing the laws in your city/state, which may differ greatly from place to place. If you’re going to be traveling, particularly armed, it’s vital you know the law wherever you plan to be.
The Law of Deadly Force: I’m borrowing here from attorney Andrew Branca, currently the national expert on this subject, and I can’t reiterate these factors frequently enough. His book–The Law of Self Defense,–is a must-have for those interested in this subject, and should be read and reread by anyone carrying a concealed handgun. His website is here. While I’ve understood these issues for decades, and expressed these concepts in evolving sets of terms, I’ve found Branca’s terms most appropriate for our times. Coincidentally, Branca has put together a six-part series on self-defense response to rioters, looters and arsonists. The first part—here–is free, and I recommend it.
When is the use of deadly force justified? When necessary to immediately end the imminent threat of serious bodily harm or death to self or another. These are the elements to be considered, often within seconds:
Innocence: the defender must not be the initial or unlawful aggressor. People engaging in mutual combat can’t claim innocence. Because they’re actively trying to harm each other with no way to tell how far the conflict will go, they’re not engaging in self-defense. Innocence also means if deadly force is lawfully authorized, one must stop immediately when the threat stops. An innocent victim stops the deadly threat, they do not punish the attacker; that’s the job of the criminal justice system.
One must also involve the police as soon as possible, and there’s the rub. What happens when the police can’t respond? What happens when you’ve been forced to injure or kill a member of a politically protected grievance/victim group? We’ll get to this shortly.
Avoidance: Are you doing all you reasonably can to avoid conflict? This factor is largely dependent on local laws. Some states require one to do everything possible, including running away, to avoid having to use force. Such states normally place the burden on the innocent citizen to prove they did everything they could to avoid hurting the criminal. Other states have “Stand Your Ground”–SYG—and “Castle Doctrine” laws that do not require, as long as one is lawfully present, one to run away. They can remain where they lawfully are and defend themselves. Often, they also benefit from the presumption they were acting in self-defense. The state has to prove otherwise, which is how things ought to be.
Imminence: One can’t use deadly force against a possible attack, or against an attack that might happen at some time in the future. The danger must be real, clearly about to occur–within mere seconds of occurring–or already occurring. This does not require letting and attacker get in the first blow, stab or shot, only that a reasonable person would think an attack imminent.
Proportionality: the threat can’t be of humiliation or minor injury. If the only threat is of hurt feelings, any physical force is likely not proportional. A thrown napkin cannot be followed by a gunshot. To lawfully use deadly force, a reasonable person must believe they’re facing a threat—an imminent threat–of serious bodily harm or death.
Reasonableness: A reasonable person in the same circumstances would be compelled to use deadly force. It would be, in those circumstances, potentially the only reasonable thing to do.
With this background, let’s take a moment to visit an essay from author Larry Correia. Warning: some of the language is a bit rougher than one normally finds at SMM, but I trust you will not, gentle readers, need to run to a safe space.
A friend of mine posted about seeing this: ‘Where are all you gun owners now that the federal government and police are attacking citizens in the streets?? Now that the National Guard is out oppressing citizens? I thought this was the moment you’re waiting for? So why aren’t you out there fighting them with your guns? You’re nothing but a bunch of fucking cowards!’
My response was the GIF of Nelson Muntz going HA HA.
But I’ve seen this sentiment a lot too over the last few days, so please if you are so incredibly fucking dumb that you are actually wondering why America’s gun culture aren’t commuting into the democrat cities you have banned us from in order to get into gun fights with the National Guard on your behalf, allow me to elaborate.
Hypothetical Liberal ‘Ally’ Who Lives in the Suburbs Which Aren’t On Fire – ‘Hey, gun owners! Here is some civil unrest! Why won’t you come and help us?’
Snort. Fuck off.
‘Pussies! Why not?’
Well, every single gun nut in America has spent their entire adult life being continually mocked, insulted, and belittled by the left. You’ve done nothing but paint us as the bad guys.
In Hollywood, we’re always evil, stupid, violent, malicious, redneck, racist, murderers. That’s so ingrained in the liberal religion that when “ally” Harvey Weinstein was trying to get out of being a sleazy rapist, his repentance consisted of promising to make more movies about how the NRA is bad.
In the news, everything is always our fault. If there is a mass murder, we can always count on the vultures to swoop in and blame America’s gun culture. They flog it for weeks on end, 24/7 coverage, hoping for gun control. And if the identity of the shooter doesn’t fit the narrative, it drops off the news in mere hours.
And then at the local, state, and federal level, legally speaking, the left fucks us at every opportunity. You ban everything you can get away with. You ban things that literally make no sense. You ban shit just out of spite.
When we fight back against gun control laws, you declare we are stupid because only the police should have guns (hey, aren’t those the guys you are protesting right now?)
‘Stupid racist rednecks! We live in a civilized society! Don’t you realize the police will protect us?’ Until when your democrat cities are on fire, and you call 911 and the operator tells you sorry, the police can’t come to your house right now, please try not to get murdered… How is that strict gun control working out for you?
Take the link and read the rest. I also recommend you take this link for an equally enlightening article by Correia, an article with which everyone should be familiar.
Even some D/S/Cs are beginning to see the consequences of their non-falsifiable, perfect policies. They’re the ones buying guns. Unfortunately, there are still too many true believers in positions of power more than willing to destroy anyone to ensure their narratives prevail. Such people always eat their own; stay away from their figurative hands and mouths. Here’s how:
Absolutely Avoid Trouble. If you don’t live in a law and order free zone, you’re probably in pretty good shape. I don’t mean you could never find yourself in jail for using lawful self-defense, but it’s unlikely. This means you absolutely avoid places you know trouble is likely, and if you see it coming, you get the hell out of there as fast as you can. But I’m no coward! Good for you. Avoiding having your life ruined and your family threatened and impoverished even if it temporarily bruises your manhood a little is not cowardice but courage—and sadly, all too often, uncommon sense.
11-11-21 NOTE For Visiting Rittenhouse Readers: There is no conflict in the advice in the previous paragraph and what happened in the Rittenhouse case. Yes, one should absolutely avoid trouble when possible, but it’s not always possible, and sometimes, when the “proper” authorities have abandoned a city to the mob, what are honest, decent citizens to do? Should they abandon their city too? Give the mob whatever it wants and pray they don’t hurt them? Fortunately, simply failing to exercise perfect judgment about where one goes or stays does not wipe away the right to self-defense, but read on…
Self-defense in a Constitutional, law and order zone: You’ve been forced to defend your life. You did it by the letter of the law, and your attacker is dead. The police are going to want to talk to you, and they’ll do everything they can, from the arrival of the first patrolman, to the encouragement of various detectives, to get you to say things you don’t mean to say and shouldn’t say. For the most part, they’ll only be doing their job, which is to treat such things as murder until they can prove otherwise.
After you’ve called the police, you must immediately call the law firm you’re paying to represent you in such cases, the people in the “contacts” file on your smart phone. They will tell you what to say and do. TAKE THEIR ADVICE.
If you have acted reasonably, and within the letter of the law, you should be questioned with your attorney present, and thereafter released. The police will write their reports, which will be reviewed by the prosecutor, who will make the decision not to prosecute, and that will be it—criminally. Oh, there will probably be a coroner’s inquest, and if the prosecutor is taking political heat, he may defer the decision to a grand jury, but with a little luck, you’ll be off the criminal hook.
Ah, but you knew that was too easy, didn’t you? No matter the criminal that forced you to kill them made Charles Manson look like a Girl Scout, his survivors and their attorneys will portray them as candidates for canonization awaiting their notification of a Nobel Peace Prize any day, and they’ll sue you for wrongful death. This may not be the case in states that forbid such suits, but even then, they’ll probably try.
I cannot say this enough: other than preserving your life or the lives of others, there is no real upside—other than surviving–to having to use deadly force.
Self-defense in a social justice zone: You’ve been forced to defend your life. You did it by the letter of the law, and your attacker is dead. Even if the police want to follow the law, even if they try, you’re probably toast, particularly if you are not a member of a favored victim group and the monster that forced you to kill them is. You can expect to be arrested and charged with murder and other crimes. You can expect the media, local, state and national politicians to immediately brand you a murderer and to make destroying you part of their narrative. You absolutely cannot expect the various D/S/C organizations that bail violent criminals out of jail to touch you with a ten-foot pole.
Even if local detectives believe you acted lawfully, and write their reports that way, they’ll be overridden by higher-ranking cops whose jobs are dependent on knowing the drift of the prevailing political winds. Their report, not the detective’s report, will be on its way to a prosecutor that was elected on a platform of not enforcing the law against actual criminals. You, on the other hand, are just the kind of wrong-thinking Deplorable they were hired to destroy, and they’re going to get maximum publicity and political mileage out of the attempt.
You are going to jail, and you’re going to stay in jail, because it’s highly likely the judges in social justice utopia are as determined to see you burn as are the prosecutors and politicians. Do you see the importance of having the right kind of lawyer in your contacts file?
Facts—evidence—aren’t going to matter, perhaps not even at trial. Even if by some miracle, you’re acquitted, there’s still the matter of civil suits, and in social justice zones, there’s probably no law that prevents virtually anyone from trying to sue you to death. Again, if you were forced to kill the wrong kind of person, there will be race hustling lawyers lined up to sue you, and the federal Department of Justice, particularly under a D/S/C administration, will surely try to prosecute you for hate crimes.
But I had to act, because the police wouldn’t/couldn’t! I had no choice! They were going to kill me! Remember, in social justice city, they demonized and defunded the police. They loosed mere anarchy and plenty of maniacs with unlimited passionate intensity, all the while doing everything they could to disarm the law-abiding—that’s you—and innocent—which is also you. And they are entirely unable to appreciate the inherent irony and will hate and try to destroy you all the more if you dare to point it out. You aren’t part of the accepted narrative, so too bad, racist.
It is horrific that this state of affairs should exist anywhere in America, but it does. What should you do? Everything possible to avoid even the hint of trouble, and failing that, everything possible to avoid having to use force of any kind. If none of that works, be prepared to defend yourself in court—criminal can civil, state and federal–and good luck. You’re going to need it.