Where Even Prosecutors Can't Carry

Uncle links to a story about a man who fires some warning shots because a gang of, well, gang members was threatening him. The comments discuss the wisdom of warning shots and legal implications.

Here's some additional background. The Nassau County DA's Office is reeeaaaally anti-gun. The office has a policy of barring handgun ownership by its employees. That's in great contrast with a lot of places like Virginia, where prosecutors can carry concealed anywhere, even in bars while drinking, without the training necessary for a concealed handgun permit. Because they're like you and me, only better.

Here is the application for assistant district attorney, and here is the one for interns. Note the following in background questions:

Applicant Questionnaire: Yes or No
3. Have you ever had a license to possess a firearm in this state or any other state?
...
NOTE: AN AFFIRMATIVE RESPONSE WILL NOT NECESSARILY SERVE, IN AND OF ITSELF,
AS A DISQUALIFICATION FOR EMPLOYMENT

And the closing (signature-required) condition:
Gun ownership: I understand that assistant district attorneys are not permitted to apply for a handgun permit nor own or possess a handgun while employed by the Nassau County District Attorney. Any exception to this policy must be in writing and approved by the District Attorney.

So, anybody think that this attitude may, even unconsciously, affect the judgment of the prosecutors in this case?

There's nothing so egregious as this in Virginia, but I discuss a lot of relevant self-defense considerations such as the standards for the use of deadly force in Virginia in my legal seminars. Next one is October 23, 2010; contact me to sign up.

Required Reading for Concealed Carry

Here is a good write-up of a self-defense shooting that went to court twice. HT Snowflakes in Hell

The defendant, Mr. Hickey, was involved in a self-defense shooting when he was attacked by three neighbors in his own driveway. He was charged with aggravated assault and spent 71 days in jail. Massad Ayoob gave expert testimony in the second trial, possibly saving Mr. Hickey's bacon.

One of the commenters notes that Mr. Hickey's wife might have been treated better by the police, and that's probably true. Hickey is a part-time firearms instructor and trains troops preparing to deploy.

The write-up is the September newsletter for the Armed Citizens' Legal Defense Network, an organization that provides legal assistance to members that have to defend their self-defense actions in court.

SIRT Pistol for Training

Caleb has a post up on the SIRT pistol, a dedicated dry-fire handgun that shoots a laser out the barrel whenever the gun is "fired."

While this seems like a good way to train, I'd be afraid that it would make me look for the laser and not call my shots - see the sights, take the shot, and move on knowing that I'd hit the target.

I dry-fire with a trigger kit from Southwest Shooting Authority. The kit replaces the trigger for your Glock, and automatically resets. Print out some 1/3 scale targets (available here), post them on your basement/garage wall, and dry-fire away.

Getting Out of Traffic Ticket by Carrying a Gun

Extreme Tolerance relates his story of getting out of a ticket by virtue of legally carrying a gun. The officer that pulls you over will know as soon as he looks up your license plate that you have a concealed carry permit, which with many cops is a "certified upstanding citizen" indicator.

I had a similar experience. I was riding my motorcycle (back when I still had such vestiges of my single days) here in Northern Virginia, going down a really big hill. Light turned yellow as I was approaching a T-intersection traffic light at the bottom, and when I made it through the intersection it had already turned red. This wasn't so much a case of me not paying attention to the light, but more of a case of not wanting to slam on my front brake so much that I endo (bring the bike up on the front wheel for the non-biker crowd) at the stoplight and dump the bike. A police officer was waiting at the light, and he pulled me over.

I had just moved to VA and was still carrying with my reciprocal out-of-state CCW. I didn't have to tell the officer I was carrying (VA law doesn't require it) but did so anyway. The officer was surprised; carrying in your own state means that an officer running your license will know you have a permit when he runs your plate or driver's license, but to my knowledge states don't generally share carry permit info with each others' DMV systems.

He asked me where I was carrying, and I told him it was on my left ankle. I didn't make any sudden moves to show him what caliber it was.

He checked my traffic record - clean since 1997 or so - and sent me on my way. He thanked me for notifying him that I was carrying, and suspect that this played a part in not getting a ticket.

Side note: when riding a motorcycle, I recommend carrying ankle carry. I once laid a bike down while ankle carrying with no ill effects, but if I'd been carrying on my hip I suspect that the gun would've become a semi-permanent part of my pelvis.

Value of a Quick Draw

In this post, Hell in a Handbasket says that a quick draw of your defensive tool may not be that big of a deal:

I’ve never been very keen on developing fast draw skills. Though necessary for
competition, they should be unneeded for defense as long as someone maintains a
decent level of situational awareness.

Caleb disagrees, and outlines the value of having your defensive tools out and ready lickety-split in this post on his encounter with a would-be mugger. I'm with Caleb on this one - practicing your draw from your carry setup is a valuable use of your time.

Uncle approximates his draw time as such:

I can draw and fire center mass accurately in over a second but less than two.
Not a real spiffy time but, you know, not a slouch either. And that’s with a
Glock and a CompTac. It’s faster with a Serpa holster and much slower when I
pocket carry.

That's a good place to be and I'm somewhere in that band of performance. So are federal air marshals - their standard is to draw from concealment and fire two rounds in 1.65 seconds.

As Todd G at pistol-training.com says, "Call me crazy, but I'm going to keep working on my draw."

Shoot Him to the Ground - and Yourself in the Foot

Matthew Temkin has a video out he calls "Shoot Him to the Ground." I think that this is neither good shooting technique nor smart tactics, as Jason points out. Worse yet, it could help get you prosecuted. Here's the YouTube of the promo:



The tactical implications of charging one-handed at your assailant are bad enough. Guns are effective missile weapons because they take you out of melee distance. If you have to shoot someone at arm's length, so be it. Many self-defense encounters happen at spitting distance, but that's no excuse to put yourself there if you don't have to. It's worse with multiple assailants, where retreating to cover while firing, or sidestepping to "get off the x," may be the best course of action. Distance is your friend.

The legal implications, depending on the state, could be terrible. Some states, in spite of a strong "Castle Doctrine" statute, maintain a generalized duty to retreat (if possible) outside the home. I'm looking at you, North Carolina, California of the South. If you have a duty to retreat when possible, then charging your assailant and firing your last round while standing over him is a pretty bad idea. Witnesses may provide a less-than-flattering account of your actions. "Joe was just talkin' to this guy and reached in his pocket, when the defendant whipped out his gun, ran at Joe and blazed away, puttin' the last round in his eyeball!"

That defensive shootings outside the home that occur in North Carolina (and other states with a duty to retreat) where sumdood's intended victim didn't retreat is a testament to prosecutorial discretion, or at least prosecutors' recognition that the upstanding citizen defended herself against a violent assailant, and that no jury will convict on those facts. Like in this case.

Bottom line: I don't plan to buy Temkin's video, nor use his tactics.

Legal Seminar and CHP Course October 23rd

We will be holding two legal seminars on Saturday, October 23rd, at the Marriott Courtyard near the NRA Range. Directions here.

There will be two sessions - one at 10:00 am, one at 2:00 pm. If you want to get your Virginia Concealed Handgun Permit (CHP), the legal seminar and some range time afterward qualifies you and I will sign off on the certificate that will get you your CHP. If you want the CHP, contact me and sign up for the 2:00 slot, and we'll head over to the NRA range afterwards.

Cost for the seminar is $75, $65 for VCDL members. $25 extra if you want to get your CHP.

Contact me if interested. Pre-course emails get sent out a week before class, so don't wait until the last minute.

Brady Bunch Endorses Self-Defense

Michigan man shoots at five would-be robbers who accosted him in his driveway. Which would be illegal under the new Chicago gun regulations. Peter Hamm of the Brady Bunch says it was justified.

Alphecca:

Well that’s a Kodak moment. Of course, if it were left to the Brady Bunch, the hurdles to legal gun ownership would be so difficult that only movie stars and politicians could jump them. AND, all you could own is, maybe a .22 or an Airsoft rifle.

A lot more on the contradictions inherent in Brady Bunch positions from Linoge.

UK Spree Shooting

PDB has some thoughts on the spree shooter in the UK. Guy ran around with a shotgun for three and a half hours capping people. While the gutless bobbies followed him around and didn't engage him.

The police aren't responsible for your safety. You are. Carrying isn't a cure-all, but it sure helps.

Restaurant Carry

First Virginia (takes effect 1 July) and now Tennessee passes restaurant carry reform.

Over the governor's veto.

Again. (H/T Sebastian)

Barista pulls gun on would-be robber

Don't mess with this barista. Video at the link.

Don't Brandish in a Bank

You'd think this would go without saying, but some guy in Florida did so rather innocently. In an open carry state like Virginia this is less of a problem, but since Florida has no open carry even casual exposure of a concealed handgun is a big deal. Read the whole thing. (H/T Robb)

National Concealed Carry Reciprocity Defeated

Been away from posting for a while. In case you missed it, the attempt to add nationwide concealed carry reciprocity as an amendment to the defense authorization bill failed. Sebastian has the whole story.

Thune Amendment Wednesday Morning

So, I'm all settled in to watch debate on the national concealed carry reciprocity amendment, wishing I had a bag of microwave popcorn, when Harry Reid pushes consideration of Senator Thune's amendment back to 9:30 Wednesday morning, debate ending at 12:00. 60 votes required to pass it.

Thought you might like to know.