Legal Issues
GrantCunningham.com - Revolver Liberation Alliance blog

You need to read this. Seriously.

Wednesday, September 01, 2010

One consistent theme amongst the less informed is that all you need worry about in a defensive encounter is that it’s a “good shoot.” Nothing else, according to these keyboard commandoes, matters - you can do anything, as long as the shoot is "clean."

The trouble is that neither you, nor they, get to decide what's "clean" and what's not. In my state, a Grand Jury makes the first decision, and if they say it isn't "clean" it then goes to a trial jury to make the final decision. They're the ones who will scrutinize any self defense shooting, and the pseudonymous self-appointed experts from your favorite forum will be conspicuously absent.

You see, what looks "clean" to you may not look "clean" to another person. Even if you explain it in detail they may still not see it your way, especially if it's a jury weighing your explanation against someone else trying to convince them of the opposite. Malicious prosecutions and lying witnesses exist, and they don't make that job any easier.

For those of you who still don't get this concept, I urge you to run over to the Armed Citizen's Legal Defense Network and read this month's Journal. It is devoted to the story of Larry Hickey, who just recently won his freedom after two trials that stemmed from a defensive shooting. His ordeal, recounted in complete detail, serves as a caution to all those who still believe in the myth of the "clean shoot."

Don’t get me wrong - I’m not saying that you necessarily need to indulge in some fearfully exaggerated lawyer-proofing of your defensive preparations, but you do need to understand that you can’t run around like Rambo, either. This article dramatically illustrates the the value of knowing how to interact with the police after you’ve been involved in a shooting, the need to be able to articulate why you did what you did, and how evidence can be ignored, lost, or even turned to your disadvantage.

The article runs twenty-two pages, and I believe it to be invaluable for anyone who carries a gun for self defense - and should be required reading for anyone who pontificates about legal issues on gun forums. The Journal is in PDF form; here's a direct link to that file.

Don’t brush this off - go read the article.

-=[ Grant ]=-

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What happens after the shooting?

Wednesday, July 07, 2010

It's easy to get preoccupied with in the shooting part of self defense preparations. Let's face it: shooting is fun!

If you take self defense seriously, however, at some point you have to ask about the "after part" - what happens after you've discharged your gun at an assailant. This is an area that is infrequently covered, or simply covered in misinformation.

Marty Hayes wants to change that.

Marty is the President of the Armed Citizens Legal Defense Network, which has just released his booklet titled "What Every Gun Owner Needs to Know About Self Defense Law".

It's a very readable introduction to the considerations which should be made before you're involved in a self-defense shooting. It lays out, it easy to understand language, the legal ramifications of the use of deadly force and how to best prepare to navigate the legal system.

Marty has spent years studying the topic, first as a police officer, then a shooting instructor, and now as the possessor of a degree in law. Marty is in the unique position of knowing not just the theoretical application of the law, but how it it plays out in real life.

He told me that he wrote the 16-page booklet to counter "the oft times incredibly bad advice" that abounds in gunshops and on the internet. His goal is to "change the paradigm in which people receive their training in deadly force for self defense." It's a tall order, but this is a great start! It lays out a superb introduction to the legal realities of self defense. It's factual information that every gun owner needs to read.

You can download your own free copy from the Armed Citizens Legal Defense Network. Just click on the image of the booklet and it will download as a PDF file. Print it out, read it, keep it handy.

I'll be giving a copy to everyone I know and everyone I teach. You should too.

-=[ Grant ]=-

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Another company that apparently doesn't want your business.

Wednesday, May 19, 2010

The Fear And Loading blog alerted me to this story from the Charlotte Gun Rights Examiner. Seems that with the NRA Convention in town, the local Marriott decided to take conventioneer's money and then slap them in the face for the privilege. Interesting read, and it looks like the Marriott manager has bitten off more than he can chew.

(This is in stark contrast to the Virginia Beach Resort in which I stayed a few weeks back. Not only did they host the Combat Focus Shooting Instructor Development course, the staff was completely at ease with a bunch of gun guys roaming the halls. I went so far as to store a gun in one of their safe deposit boxes, and the desk clerks didn't even blink. Great place.)

-=[ Grant ]=-

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Monday meanderings.

Monday, December 14, 2009

GETTING THE MESSAGE: I've been harping on the failures of "Rule #1" for some time now, and it seems that the attitude is catching on. Slowly, but at least progress is being made.

IT ISN'T JUST ME: I've recently expounded on the issue of dogmatic teaching in the self defense world, and I'm not alone in my criticism. Check out this post from Roger Phillips over at warriortalk.com, then read the entire discussion. (I've never met Roger, don't know him from Adam, but he makes sense. Can't say that about everyone.)

POCKET COMPANION: no, not a J-frame! From Dustin's Gun Blog I learned of a new iPhone/iPod Touch app called Legal Heat. It's an interactive version of their printed guide to concealed carry and gun laws in all 50 states, written by attorneys and instructors. It' a great idea, and something that's needed. Unfortunately, despite the viability of the concept I cannot in good conscience recommend this particular app.

There is a big issue with Legal Heat's usability. The pages are just images of the book, which means they're pictures and not text. This sounds inconsequential, but it's not. When you bring up the laws on a state, because it's showing the whole page the text is tiny; unreadably small. To read it, you need to magnify the image by pinching. (The usual double-tap doesn't work, because it doesn't work on full-frame images!) Once you magnify the image to read the text, you have to continually scroll back and forth because images don't wrap text. Finally, the app doesn't support screen rotation; it only displays in portrait orientation, which exacerbates the scrolling issue.

Frankly, iPhone users are accustomed to a higher level of application quality than Legal Heat delivers. If they would simply make their pages actual text and enable screen rotation I'd be comfortable recommending it. As it stands, even at $1.99 it's not worth the hassle.

DEAL ALERT: My background in commercial photography has left me more than a little anal retentive with regards to optics, particularly when it comes to binoculars. I'm a fan of porro-prism designs, as they a) have better three-dimensional perspective, b) are brighter, and c) cost less than roof-prism types for any given level of optical quality (resolution/contrast.)

Minox makes some of the best porro-prism binocs. The optical performance is exceptional, and the build quality matches the glass. They make an 8x and a 10x version, and at a street price of roughly $550 they are something of a bargain; you'll need to spend roughly twice as much to get a roof prism of comparable performance, and you still won't get the perspective advantage that the porro-prism design gives you.

Despite their advantages, porro-prism designs are distinctly unfashionable these days and don't sell well regardless of brand. Roof prisms are what people buy, and Minox has bowed to the market: they've discontinued the 10x model. SWFA is closing them out at $299.95, which has to be classed as a screaming good deal. You won't find anything even approaching their optical performance for that kind of money. (Yes, I grabbed a pair - for that price, I wasn't about to pass them up!)

-=[ Grant ]=-

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Wednesday wanderings.

Wednesday, September 02, 2009

Between work and farm chores, I don't have a lot of time left to peruse other blogs. Luckily, Uncle does - and he came up with a great one on the subject of self defense, from the Shots Across The Bow blog.

Common sense. How refreshing!

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I wish Gail Pepin at the ProArms Podcast would quit putting together such great shows - they distract me from working. (Note to HG and SD: it's her fault your guns aren't done!)

 This week's episode features the true story of malicious prosecution, from one of the lawyers involved. It's not a self-defense case, but rather an alleged vehicular homicide. Why is this of interest to us? Because it illustrates how easy it can be to send a person up the river, even when the angels and evidence are on his side.

There is a persistent belief in the gunny community that if your "shoot is righteous", then you somehow have nothing to fear - the truth will win out in the end. It doesn't always work that way, and it's vitally important that you understand this from the beginning. Listen and learn.

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Tam passes the 2,000,000 visitor mark. (Not just that, but over 5,000 individual posts from Her Snarkiness. Holy cow!)


-=[ Grant ]=-

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Can you make good decisions - and would your peers agree?

Monday, May 04, 2009

The March issue of Force Science News contained a very interesting article about how police and private citizens differ in their views of "justified" shootings.

While some may see the article as having application to law enforcement only, they would be wrong - it is well worth reading because it deals with differences in perception of a critical incident, differences which are not necessarily "cops vs. civilians" but more like "trained vs. untrained."

Private citizens are both more critical of decisions to shoot, yet simultaneously less skilled in making those decisions themselves. This has grave implications for those who carry concealed weapons for self-defense; it suggests that an untrained person might shoot with less justification, while at the same time be held to scrutiny that is not commensurate with the risks of an evolving scenario.

My take on the research is that it is imperative the person carrying a defensive firearm be very well trained in the judicious use of deadly force. (Sadly, very few are.) At the same time, that person has to retain defense counsel who can educate a jury in the dynamics of a deadly encounter, so that they can judge the defendant's actions more realistically. You need to be able to show the jury what you knew, and when you knew it.

Think carefully: how's your knowledge of the judicious use of force?

-=[ Grant ]=-
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