Category: Self Defense

it’s always the same old tired, worn out ‘objections’ that have never happened.

Nebraska Legislators consider bill to alter self-defense laws

LINCOLN, Neb. (WOWT) – On Thursday the Nebraska Legislature’s Judiciary Committee heard testimony on a proposal that would allow the use of force to defend yourself or someone else from serious harm without the “duty to retreat”—that is, the requirement for you to first try to leave the situation and go to safety, if possible.

It would also give you immunity from prosecution for using that justifiable force.

“I’ll address the first point of the bill removing the duty to retreat from our state laws,” said Sen. Brian Hardin, who proposed the bill. “Bills similar to this are often referred to as stand your ground laws.”

Hardin said this would provide an avenue to ensure that an individual who is already a victim of a crime and had to use force as self-defense is not also “victimized by the legal system.”

Supporters said it’s not just related to firearms.

“Whether armed or unarmed, the idea that citizens are required to endanger themselves by turning their backs and running away from a clear-and-present danger is nonsensical, especially when you understand the remainder of our self-defense statutes,” said Patricia Harrold, who is the Nebraska director of Women for Gun Rights.

Opponents said that’s not an accurate portrayal.

Under current state law you are not required to retreat first if you’re in your home or workplace.

“Traditional self-defense laws, like Nebraska’s, do not prohibit a person from using deadly force if they believe it’s necessary to protect against serious harm,” said Alison Shih, legal counsel for the gun violence prevention group Everytown for Gun Safety. “It merely requires a person to take an alternative course of action when they are in a threatening situation outside of their home, if they know that they can safely do so.”

Douglas County Attorney Don Kleine also worries about the repercussions it could have when dealing with criminals.

“We have gang problems in Omaha at times,” Kleine said. “I’m worried about a gang involved with another gang and using this defense saying, ‘Well, I had to use deadly force because I thought this other gang member was going to draw it out on me, and so I shot.’

“So there’s all sorts of consequences for this that I think are unintended.”

Hardin disputed other critics, saying it would not give someone “a license to kill.”

His proposal first has to make it out of the Judiciary Committee before it can be debated on the floor.

Once again, experience is the best teacher, and the best experience is someone else’s.

Once Again, The Israel-Hamas War Shows the Futility of Gun Control

Last year, I wrote an article exploring some practical lessons from the initial attack on Israel from the Gaza strip. The biggest thing was that, as usual, a country had slid into anti-gun complacency. Everyone thought that it was somebody else’s job to protect people, so targets of all kinds were left vulnerable.

But, this time, the tables have turned. An Israeli operation at a hospital in the West Bank managed to drive the point home yet again. Instead of Hamas proving that gun control is worthless, Israel waltzed right into a hospital and proved it again.

I don’t bring this raid up because I want to comment on whether it was wrong or right to do this. Some people are saying they violated international law. Others are saying this was just a police action within their own borders to take out a threat that was using the hospital as a human shield. Everyone is entitled to either of those opinions or any other.

Instead, I want to take a look at the security situation in that hospital and compare it to most any hospital in the United States. Are there metal detectors at the doors? No. Are there armed guards who would stop people from simply walking right in with a rifle? Nope. Are there police there? Also, a big no in most places. The only thing stopping people from simply walking right in and doing whatever they want with a rifle is them choosing not to.

Sure, in many places, hospitals are off-limits to guns by some legal means or other. In this case, there may be some international agreement or something prohibiting soldiers from going in. In the case of U.S. hospitals, it’s often a sign that any private property owner can post prohibiting guns. In some jurisdictions, there’s a law on the books specifically banning guns from all hospitals.

But, do those signs have some magical quality that zaps guns into oblivion as the person carrying them crosses the threshold? Definitely not. The only thing that can stop people from hiding a rifle under a coat or in a violin case is someone who both physically checks everyone for guns and has the means to stop people should they reveal a gun and use it. Clearly this hospital (like almost all others) doesn’t have either of those things.

At the end of the day, a mixture of people’s goodness and people prepared to deal with those devoid of goodness is what keeps people safe. There are very few people who would enter a hospital with a gun and the intent to harm people. The rest of us either don’t carry a gun in or don’t do anything evil with it. For the rare person who isn’t good, there needs to be a good person (or multiple good people) ready to step in and stop bad things from happening.

In this particular hospital, the opposite was true. Instead of having good guys with guns, they were hiding bad people with guns. The Israelis, like this or not, went in there and took care of the problem before these guys could hurt any more innocent people.

Why Self-Defense Is The Only Type Of Violence The Left Won’t Endorse

After years of anti-cop rhetoric, violence is out of control in America’s cities. Smash and grabs, sidewalk attacks and old ladies being mugged in broad daylight — all just factored into the cost of living a metropolitan lifestyle. But these are not simply passive inevitabilities that somehow come to pass. They are active policy choices of a revolutionary left, firmly in control of every major city, that sees violence as a tool toward its political aims. In fact, there is only one type of violence the left will not condone — and the key to understanding it lies in these political aims.

The radical left may talk often of high-minded goals, but their ultimate goal is to eradicate hierarchy — the central push of the “equity” agenda. All must be made equal in order for all to be equally free. For classical liberals, this meant equal treatment under the law, unaffected by circumstances of birth. Yet for the radical outgrowth, this now means leveling all aspects of genuine human diversity. However, they do not truly seek egalitarian reforms, but merely to rejigger any form of traditional hierarchy (much of which had already been dismantled by their liberal forebears) and instead place themselves at the top. So the attack on hierarchy really becomes a spiteful, resentful attack on any form of tradition. This is the true nature of the radical left.

Traditional morality posits that the criminal is the “oppressor” of the “victim,” whom he victimizes with his crime. This has been the basis of virtually every legal system throughout human history. Yet radical left morality flips this notion on its head. The new “victim” becomes the criminal himself, victimized by the injustices of a hierarchical society that drives him to desperation: the thief stealing to feed his family or violence as the “language of the unheard.” The person on the receiving end becomes merely a casualty in the putsch to upend traditional morality, while the priests of the new morality consolidate their right to rule.

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Flint man was shot and killed after breaking into a home

FLINT, Mich. (WJRT) – Police are investigating a home invasion in Flint in which the home’s residents shot and killed one of the intruders Saturday.

The incident occurred on Saturday around 12:30 a.m. in the 500 block of Spencer Street.

According to the Michigan State Police, a 34-year-old Flint man was shot and killed, and a 41-year-old Flint man was shot during an alleged home invasion and felonious assault. Police say the residents of the home who shot at the men have been identified, interviewed and released by detectives pending further investigation.

Alleged thief dead after trying to steal gun from man

DECATUR, Ga. — A man is dead after wrestling with another man over a gun, DeKalb County officials say.

Police responded to The Terraces at Snapfinger condominiums in Decatur just after 10 p.m. Saturday to a person shot call.

When police arrived, they found a 19-year-old who had been shot. He died on the scene, according to police.

The initial investigation shows the suspect attempted to steal the other man’s gun, they both struggled over the gun before it went off, killing the suspect.

DeKalb County officials say they do not expect to file charges against the victim.

Home invader shot by concealed carry holder in South Shore

CHICAGO – A concealed carry license holder shot a man trying to break into his apartment Monday morning in the South Shore neighborhood.

A 30-year-old man forced his way into the apartment around 12:30 a.m. in the 7100 block of South Jeffery Boulevard, according to Chicago police. Once inside, he was shot in the leg by a 29-year-old man who is a concealed carry license holder, police said.

Police officers took the 30-year-old into custody and transported him to the University of Chicago Medical Center where he was listed in fair condition.

Police said the shooting appears to be “domestic-related.”

Area One detectives are investigating.

Nigerians Divided as Senator Ned Nwoko Introduces Bill for Citizens to Carry Firearms

Ned Nwoko, the lawmaker representing Delta North Senatorial District, elaborated on his proposed bill for Nigerians to bear arms for self-defense, addressing the rising insecurity in the country.

The bill outlines strict criteria, including mental fitness certification from two medical doctors, endorsement from the local government chairman, validation by a traditional leader, and confirmation by the Divisional Police Officer regarding the individual’s criminal record.

Nwoko emphasized the need for gun shooting schools in every local government area, run by former military officers, where citizens can receive proper training before obtaining arms.

The proposed bill aims to empower individuals to protect themselves in the face of escalating lawlessness, acknowledging the limitations of current security measures.

South Carolina teen kills man in self-defense while held at knifepoint

A South Carolina teenager being held by a man with a knife at a motel shot and killed him in self-defense, deputies said Thursday.

Lt. Ryan Flood, with the Greenville County Sheriff’s Office, said the shooting happened Wednesday night at 20 Chalmers Road, which is the Travelers Inn.

The Greenville County Coroner’s Office identified the man killed as John Parker, 50, who officials said was living at the motel.

Deputies said they were called to the shooting at about 9:15 p.m.

Flood said the shooting started after an altercation inside another person’s motel room, where Parker grabbed the 16-year-old and held him with a knife.

The teen’s name was not released because of his age.

“Acting in self-defense, the juvenile pulled a handgun and shot Parker, resulting in his death,” Flood said.

Jennifer Cason, with the coroner’s office, said Parker suffered at least one gunshot at the motel.

More news: College student dies after boat crash in South Carolina

Parker died of his injuries at Prisma Health Greenville Memorial Hospital just before 10 p.m., Cason said.

Flood said investigators discovered that the pistol used by the teen in the shooting was stolen.

The teen was charged with possession of a stolen firearm and taken to the Department of Juvenile Justice in Columbia, according to Flood.

Georgia [Vermont] homeowner seriously wounds man during alleged break-in

Georgia, VT – A Franklin County homeowner shot and critically wounded one of three armed men he says were attempting to break into his house late Tuesday, Vermont State Police said.

Gordon Richard Sr. told police he shot Paul E. Brown, 39, of Milton and St. Albans, just after 11:30 p.m. Brown and two other men allegedly tried to enter Richard’s home on Sand Hill Road through a locked door to a section of the house where Richard’s 40-year-old son, Matthew, lived.

Richard told responding officers that he shot Brown with a muzzleloader rifle, then quickly shut the door and called police. Officers found Brown in a neighbor’s yard, but the others had already fled.

Brown was transported to Northwestern Medical Center, then University of Vermont Medical Center, where he was listed in critical condition as of Wednesday afternoon.

No arrests have been made. Vermont State Police said troopers executed a search warrant at the house, conducted interviews and “pursued various leads.” Richard has been cooperative with investigators, police said.

Police Say Man Shot Monday Was Breaking Into Home, Taken Into Custody

Wilmington police are investigating a shooting that occurred early Monday morning inside a residence on the 500 block of East 6th Street.

The incident, which happened around 3:07 a.m., led to a 27-year-old male suffering gunshot wounds. He was subsequently transported to a hospital and is currently in stable condition.

Officials now say that the man who was shot, identified as Ismael Jules-Abotchi, has been arrested in connection with the case.

The investigation showed that Jules-Abotchi was shot by a resident of the home during an attempted burglary police said Wednesday.

In light of these facts, Detectives consulted with the Delaware Department of Justice. The resident will not face charges related to the shooting, given that Jules-Abotchi was in the process of breaking into the residence at the time of the incident police said.

Jules-Abotchi is facing charges of First Degree Burglary and Criminal Mischief Under $1,000.

Following his arraignment in Justice of the Peace Court 20, he was committed to the Howard R. Young Correctional Institution with a cash-only bail set at $11,000. Additionally, it was discovered that Jules-Abotchi had an outstanding warrant from Tennessee.

Living with a gun

I never wanted a gun. There are days when I forget I have it, locked up in a smart safe under a pile of clothes in a dresser. I still take it out to the range about once a month, but I spend more time looking at its disassembled parts on the cleaning table — the harmless viscera of the killing machine — than aiming it at the target. At home, if I pick it up, I just hold its slick black body in my hand, fingers wrapped around the grip. It doesn’t feel as heavy as I thought a gun would be — 20 ounces. The weight of a Bible. Or, perhaps, of two human hearts. I put it back in the safe, cover the safe with jeans. But I can’t hide the unease I feel — or is it shame? — about living with a gun in America.

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5th Chicago CCL Holder Defends Themselves In a Week

The CCL holder involved in this morning’s shooting is the fifth person in the Chicago area to defend themselves in the past week.

Here are the five incidents that I know of.

  • 1/22/2024    Teen shot by a customer during an attempted restaurant robbery
  • 1/26/2024   In Chicago Ridge, offenders got into a gunfight with 2 CCL holders they were following
  • 1/28/2024  CCL holder calls 911 and says someone is threatening him with a knife
  • 1/28/2024: CCL holder gets into a shootout with men who stole his SUV
  • 1/30/2024: This morning, men attempted to rob a CCL holder, and they lost

How many officer-involved shootings have occurred in the past week? Zero that I can find.

I’m meeting with a Chicago business owner tomorrow to view security camera footage that shows the police arriving just as the offenders take off.

They got away and committed multiple robberies on the same night, including another one of his stores.

Given that last year saw a significant number of shootings in self-defense in major cities, the question is whether this pattern will continue in 2024.

New Data Shatters Liberal Myths About Gun Violence & Constitutional Carry

Amid constant leftist fearmongering about the supposedly disastrous consequences of allowing Americans to exercise their Second Amendment freedoms, new data shows that expanding rights for responsible gun owners – and actually punishing gun crimes – makes states safer.

According to a report from Ohio Attorney General Dave Yost released in January, “six of Ohio’s eight largest cities saw less gun crime after the state’s ‘constitutional carry’ law took effect.” In June 2022, Ohio became the 23rd state in the nation to legalize constitutional carry, or permitless carry, which allows residents to carry a concealed firearm without having to undergo a burdensome and time-consuming permitting process. Since then, four more states have passed constitutional carry, bringing the total to 27.

Notably, Ohio’s law as well as constitutional carry laws in other states still prohibit certain people from buying or possessing a firearm, such as felons, people convicted of domestic violence, and individuals with serious mental health conditions. Legal gun owners in Ohio are also still prohibited from carrying inside schools and government buildings, and are not allowed to consume any alcohol while carrying, also tracking with other states.

As has been the case wherever conservatives advance pro-Second Amendment legislation, Ohio liberals vehemently opposed the institution of constitutional carry, insisting that it would lead to a rise in gun violence. Columbus Mayor Andrew Ginther called permitless carry “reckless and dangerous,” while the Ohio Democrat Party predicted the change would “make all Ohioans less safe” and increase gun crime.

But the data cited by Yost’s office shows that the exact opposite occurred. In the capital of Columbus and Ohio’s largest city, the rate per 1,000 residents of crime incidents involving a firearm declined from 10.79 in the period June 2021 to June 2022 (one year before constitutional carry took effect) to 9.55 in the period June 2022 to June 2023 (one year after constitutional carry took effect). Every other major city in the state except Cincinnati and Dayton saw a similar decline.

As Yost emphasized, the report does not “downplay the very real problem of crime in many neighborhoods in our cities – you don’t need a research team to see that gun violence destroys lives, families and opportunity.” However, he continued, “The key takeaway from this study is that we have to keep the pressure on the criminals who shoot people, rather than Ohioans who responsibly exercise their Second Amendment rights.”

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Would-be carjacking victim shoots, hospitalizes alleged attacker,

A would-be carjacking victim shot and hospitalized his alleged attacker in the Plum Orchard area early Friday morning, according to the New Orleans Police Department.

The man was driving in the 7300 block of Chef Menteur Highway when another man, later identified as 23-year-old Johnathan Edwards, approached his vehicle, pulled on the door handle and told him to get out, police said. The man instead opened fire, shooting Edwards several times.

The shooting was reported to police at 2:01 a.m. Paramedics transported Edwards to a hospital and a warrant was issued for his arrest.

Police did not immediately release more information.

Mountain Home Man Shot After Breaking & Entering

Mountain Home, AR. – A Mountain Home man is recovering and has been arrested after he was shot while breaking & entering at a residence.

The suspect in this case is identified as Alex Payton Stoops, a 29-year-old Mountain Home resident. Stoops is alleged by victims as having broken into the house via breaking the glass on the back sliding door. This happened after Stoops had knocked on the front door and was not allowed access by the homeowners.

Alex Stoops, 29 of Mountain Home.

An altercation followed, which led to injuries from the homeowners on the broken glass, and a .22 rifle being used to shoot Stoops in the shoulder. After the incident was resolved, Stoops alleged he was very intoxicated and wasn’t sure what had happened. Stoops’ charges included 3rd Degree Battery, 1st Degree Criminal Mischief, 2nd Degree Assault, and 3rd Degree Burglary. His bond is set at $50,000.

Man shot and killed during ‘residential burglary,’

TLANTA, Ga. (Atlanta News First) – A man is dead after being shot during a “residential burglary” in southeast Atlanta, according to Atlanta police.

Police said they responded to 172 Logan St. SE just after 3:30 p.m. Tuesday in response to a shots fired call. When they arrived, police found the man dead with a gunshot wound. Police said they also found a woman who may be the shooter.

The investigation is still ongoing.

Mississippi mother shoots burglar to protect 3 children

CARROLL CO., Miss. (WLBT) – A mother heroically protected her three children from a man who broke into her home wielding a knife.

Monday, Carroll County deputies received a call for help from the mother’s husband, who was at work in Greenwood.

He told deputies that a knife-wielding man was attempting to enter his home in the Gravel Hill area of the county while his wife and three children were hiding in a closet. The father then described the man and the vehicle he was in.

A press release says that when deputies arrived at the home, the suspect, Steve Lamar Goss, Jr., 44, had already driven away. They learned that before Goss left, he drove his 2500 GMC pickup truck into the home’s dining room after he could not kick the front door down.

While all of this was happening, a press release says the mother prayed, and her three children recited scripture while hiding in a closet designated as the family’s safe room.

When Goss found them, a press release says the mother shot him in the arm as he entered the closet still holding a knife.

Other deputies responding to the scene found a vehicle matching the description given by the husband.

A press release says they attempted a felony traffic stop in the parking lot of Acy’s Store. However, Goss ran into the business. Deputies then chased and arrested him inside the store. He was taken to Greenwood Leflore Hospital to be treated for the gunshot wound in his arm.

He was then booked into Carroll Montgomery Regional Correctional Facility on four counts of attempted murder and one count of burglary. Goss was already out on felony bond for possession of a weapon by a felon, a press release says.

Carroll County Sheriff Clint Walker says, “We can all learn a lot from this family about the importance of having an emergency plan in place in our homes and, most importantly, the power of prayer. I thank the Lord for this father’s preparation; the bravery shown by the mother and children, and that what could have been a tragedy was transformed into a testimony of their faith in God.”

Robbery turns deadly, suspect killed by resident

WICHITA FALLS, Texas (KAUZ) – The Wichita Falls Police Department said an attempted robbery Sunday evening ended with 32-year-old suspect Quincy Moore dead and others sent to the hospital.

Police said they responded to the Country Park Apartments in the 5200 block of Professional Drive at around 9:30 p.m., Sunday. Officers found three people with gunshot wounds, including one person who is a resident of the apartments.

The victim told police the other two males used a firearm in an attempt to rob him. Gunshots rang out after the victim also pulled out his firearm. All three males were wounded.

Police say Moore was pronounced dead at the hospital. The other suspect remains in serious condition and is under guard by police officers.

The victim of the robbery has been treated and released.

Police have not released the identity of the suspect under guard at the hospital.

NH Supreme Court Affirms No Duty to Retreat When Acting in Self-Defense

It feels like it’s a rare occasion these days for any court with more than one judge to issue a unanimous decision, much less one that comes down on the side of our right to keep and bear arms, but that’s exactly what happened in New Hampshire on Monday as the state Supreme Court sided with a man who drew his gun to ward off an aggressor in a road rage incident, only to find himself charged (and convicted of a crime).

It was almost three years go when Joshua D. Shea’s was convicted on a single charge of criminal threatening with a deadly weapon, but the court has now thrown out that conviction after ruling that the judge overseeing the case erred by instructing the jury to consider whether Shea had the opportunity to retreat from the encounter. As the court pointed out in its ruling, lawmakers had removed any such duty to retreat from state statutes a decade earlier, and the judge had no basis to demand the jury consider the long-repealed law when weighing the evidence against Shea.

“After 2011, a person is justified in using deadly force when he reasonably believes that another person is about to use unlawful, deadly force against him, and he is not required to retreat if he is anywhere he has a right to be and was not the initial aggressor,” wrote Associate Justice Anna Barbara Hantz Marconi.

Shea claims he pulled his gun after another driver threatened to “beat his ass” following a close call on Route 28 in Epsom, according to the ruling’s recitation of the case. While the complainant claimed Shea pointed the gun at him, Shea testified he merely showed the gun to warn the other man off.

The incident started when the other man pulled his car in front of Shea’s truck as they drove on Route 28, forcing Shea to slam on his brakes and hit his horn. After the two men “exchanged middle fingers” they both pulled into a gas station parking lot off a traffic circle, according to the ruling.

In the gas station parking lot, according to Shea’s testimony at trial, the complainant began “aggressively swearing and saying he was going to . . . rip (Shea) out of [his] car.”

Shea further testified that the complainant said he would “beat (Shea’s) ass,” and asked the defendant to pull into the parking lot next door where there were no cameras.

At this point, Shea testified, the complainant began walking toward Shea’s truck and he was in serious fear for his safety. Shea testified he unclipped his pistol from its holster and warned the other driver he had a gun. Shea says he brought the gun up to his chest to show the man the gun, while the other man claimed Shea pointed the gun at him.

Despite the fact that no duty to retreat exists in New Hampshire law, Judge Andrew Schulman still informed the jury that one of the factors in the case was whether Shea “could have completely and safely left the area without any risk to himself or others.” In doing so, the judges ruled, Schulman went above and beyond what is allowed by law and contradicted what the state legislature has had to say about retreating in the face of danger; namely, that there is no requirement to do so if they were not the initial aggressor. Even when deadly force is not used, merely the display of a firearm to prevent the threat from escalating, the gun owner has no duty to retreat or present their back to the individual threatening to commit an act of violence against them.

I have to say, it’s nice to be able to cover a decision involving our right to self-defense that doesn’t include anti-gun judges trying to twist the law to suit their own purpose. Granted, four of the five justices on the court were appointed by Republican Gov. Chris Sununu, but even the lone justice named to the bench by Democrat John Lynch didn’t try to play any games with the decision. The five justices all made it clear that folks who aren’t the aggressor are not compelled to walk, run, or drive away instead of taking steps to lawfully protect themselves, and I’m glad that the court reiterated that fact in no uncertain terms. Hopefully Schulman’s jury instruction was just an aberration to begin with, but now there’s no excuse for any other Granite State judge to assert a duty to retreat that doesn’t exist in state law, and that’s a big win for those of us who believe in the human right of self-defense

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Sordid Lessons from Uvalde School Shooting; Justice Department Cites “Cascading Failures.”

WHEN SECONDS COUNT, THE POLICE ARE MINUTES AWAY JUST NOT COMING

The U.S. Department of Justice released its findings yesterday on the May 2022 school shooting at Robb Elementary School in Uvalde, Texas, which left nineteen children and two teachers dead and another 17 wounded. The report, “Critical Incident Review Active Shooter at Robb Elementary School,” found what it called “cascading failures of leadership, decision-making, tactics, policy and training” also using terms such as “critical failure,” “breakdown,” demonstrations upon leadership “of no urgency,” policy “training deficiencies” and more on the part of mostly local law enforcement officials. The word “failure” appeared dozens of times throughout the report.

The report noted that law enforcement officers were on the scene within 3 minutes of the first 911 call, yet the threat was not eliminated until more than an hour later.

The central issue was found to be a failure by law enforcement to treat the scene as an active shooter situation upon arrival. Specifically, first-on-the-scene responders, including the commanding officer reportedly shifted the response to that of a barricaded shooter…despite 911 dispatchers relaying they had received calls from children inside the classroom four minutes after officers arrived. Leadership also failed to establish a clear command structure, leaving many arriving support officers confused and without clear orders. 

Officials received intense criticism in the aftermath of the attack, with more than 75 minutes passing after the initial police response and before action was taken against the shooter, during which multiple calls by students were made to 911.

Former Uvalde Acting Police Chief Mariano Pargas and Uvalde school district Police Chief Pete Arredondo, neither who are still on their jobs, is where much of the initial blame has been placed as they were both ultimately in charge. Indeed, many families of the victims and within the community of Uvalde want officials who were responsible for the botched response to face criminal charges, according to the Texas Tribune. According to the Associated Press, local officials are still “weighing whether to bring charges.”

What added more pain and disgust to the situation for many Americans at the time of the massacre was the scene of police officers, who we now know went from “active shooter” mode to dealing with what they simply were communicating as a “barricade situation,” keeping understandably panicked parents—some getting text messages and calls from their children inside the school—from entering to save their children.

To review the complete 610-page Justice Dept. report, click here.

The legal right to Self-Defense

In its natural form and going back to the beginning of time, we have felt that we have the right to self-defense. This statement is true but if you are not aware of the specifics to a self-defense claim, you might find yourself in legal trouble. It is expected that a person has the right to self-defense and the defense of another.

You would think that such a natural act as defending yourself or another would be the same no matter where you go in the United States or worldwide, but self-defense laws vary from state to state. Some states have Castle Doctrines and Stand your Ground laws and others do not. It is important to know what actions you might need to take to re-enforce your self-defense claim.

Self-defense is the act of using force to protect yourself or a third party from imminent harm or bodily injury. So, does this mean if someone is throwing a punch at me, which could cause injury, I can draw my firearm and shoot them?

The level of force that you take will be considered during the evaluation of the incident. The level of force needs to be appropriate to the force being inflected on you. This is where the courts will apply the reasonable person rule. Depending on the force directed at you, was your responding force reasonable to defend yourself from such force?

Self-defense laws can be more complicated than they first appear. Another aspect of self-defense is whether the action taken by the assailant is imminent. Are you reacting to something that you fear might happen, or that could possibly happen, or is it immediate and occurring at that moment where if you did not react, you or a third party will be injured.

Let’s look at another aspect of a self-defense claim. Did you provoke the situation? Yes, we all at times lose our cool and say things or provoke others to react to our actions. This doesn’t rid you of a self-defense claim if the incident were to escalate, but there are other actions that you need to take in an attempt to remove yourself from the incident before you can legally claim self-defense. In other words, I can’t pick a fight and when the other party responds, I react with force and then claim self-defense. If I initiate the scenario and it turns ugly, then I need to take appropriate actions showing that I attempted to calm the situation or remove myself from the quarrel.

I’m constantly given scenarios by students of mine and asked how they should respond to such scenarios. That’s a difficult task because each individual has to articulate their reason for the fear of imminent harm. As a 10-year military veteran and 20-year retired police officer who served 7 years on SWAT, it’s a little harder for me to claim fear for my life than it is for a 120-pound female that has never had any tactical training. That “reasonable person” concept is going to look at every aspect of your life and experiences when determining whether your response was reasonable.

There are many variables to consider during a possible life-threatening event. Cooler heads prevail. Consciously tell yourself to stay calm and consider everything that is occurring around you. Panic leads to tunnel vision and the possibility of miss-reading the entire event.

In the state of Arizona, we do not have a duty to retreat, and we do have a stand your ground law. By law you do not have to take appropriate actions to remove yourself from the dangerous environment. I look at these laws as a re-enforcement of my self-defense claim, if necessary, but I don’t use it as a “why I stayed claim.” I would rather do everything I could to not act in self-defense.

You can serious injure someone or even take their life and be justified in doing so, but you still have to live with that fact. That statement is by no means advising you to not defend yourself, it is persuading you to do everything you can to not have to.

NEVER STOP TRAINING!

Never Stop Training!
Oz Johnson/Lead Instructor, NRA Certified
Karin Johnson/Operations Manager
JohnsonGroupTAC.com