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Thursday, January 22, 2009

Episode 118: Why Are The Guns So Necessary?

Hello Friends! I got a response on my last post off blogger concerning my shotgun. The response was that of a friend marvelling over how big the gun was and questioning over it's legality.

Yes, it's legal. I purchased it at a local gun and pawn shop just after Ike. It's definitely one of my favorites. Living on the main drag of town, you would think my place would be safe...it is but it wasn't always so. I had to make it that way. Why? Well the last time my place was broken into, the cops left saying "If you hear anything, let us know." That pretty much means to me that defense of my home, property, kittehs and me was my responsibility. Okay, if it's up to me, I'm going to get dirty.

Up until then, I lived in the blissful world where "I don't need guns, training, weapons or a savage killer instinct...the cops can handle it!" I found out the hard way I was wrong. Check this out.

There's a book called Things You're Not Supposed To Know and this was Number 23:

THE POLICE AREN'T LEGALLY OBLIGATED TO PROTECT YOU

Without even thinking about it, we take it as a given that the police must protect each of us.

That's their whole reason for existence, right?

While this might be true in a few jurisdictions in the US and Canada, it is actually the exception, not the rule. In general, court decisions and state laws have held that cops don't have to do a thing to help you when you're in danger.

In the only book devoted exclusively to the subject, Dial 911 and Die, attorney Richard W. Stevens writes:

It was the most shocking thing I learned in law school. I was studying Torts in my first year at the University of San Diego School of Law, when I came upon the case of Hartzler v. City of San Jose. In that case I discovered the secret truth: the government owes no duty to protect individual citizens from criminal attack. Not only did the California courts hold to that rule, the California legislature had enacted a statute to make sure the courts couldn't
change the rule.


But this doesn't apply to just the wild, upside down world of Kalifornia. Stevens cites laws an cases for every state — plus Washington DC, Puerto Rico, the Virgin Islands, and Canada - which reveal the same thing. If the police fail to protect you, even through sheer incompetence and negligence, don't expect that you or your next of kin will be able to sue.

Even in the nation's heartland, in bucolic Iowa, you can't depend on 911. In 1987, two men broke into a family's home, tied up the parents, slit the mother's throat, raped the 16-year-old daughter, and drove off with the 12-year old daughter (whom they later murdered). The emergency dispatcher couldn't be bothered with immediately sending police to chase the kidnappers/murders/rapists while the abducted little girl was still alive. First he had to take calls about a parking violation downtown and a complaint about harassing phone calls. When he got around to the kidnapping, he didn't issue an all-points bulletin but instead told just one officer to come back to the police station, not even mentioning that it was an emergency.

Even more blazing negligence ensued, but suffice it to say that when the remnants of the family sued the city and the police, their case was summarily dismissed before going to trial. The state appeals court upheld the decision, claiming that the authorities have no duty to protect individuals.

Similarly, people in various states have been unable to successfully sue over the following situations:

􀀱when 911 systems have been shut down for maintenance

􀀱when a known stalker kills someone

􀀱when the police pull over but don't arrest a drunk driver who runs over someone later that night

􀀱when a cop known to be violently unstable shoots a driver he pulled over for an inadequate muffler

􀀱when authorities know in advance of a plan to commit murder but do nothing to stop it

􀀱when parole boards free violent psychotics, including child rapist-murderers

􀀱when felons escape from prison and kill someone

􀀱when houses burn down because the fire department didn't respond promptly

􀀱when children are beaten to death in foster homes


A minority of states do offer a tiny bit of hope. In eighteen states, citizens have successfully sued over failure to protect, but even here the grounds have been very narrow. Usually, the police and the victim must have had a prior "special relationship" (for example, the authorities must have promised protection to this specific individual in the past). And, not surprisingly, many of these states have issued contradictory court rulings, or a conflict exists between state law and the rulings of the courts.

Don't look to Constitution for help. "In its landmark decision of DeShaney v. Winnebago County Department of Social Services," Stevens writes, "the US Supreme Court declared that the Constitution does not impose a duty on the state and local governments to protect the citizens from criminal harm."

Now, that's scary enough but consider that laws are also passed by legislators in order to "Protect You And Me." Thinking they might have some ulterior motives yet?

All in all, as Stevens says, you'd be much better off owning a gun and learning how to use it. Even in those cases where you could successfully sue, this victory comes only after years (sometimes more than a decade) of wrestling with the justice system and only after you've been gravely injured or your loved one has been snuffed.

Okay, got that locked in? Good. I know it's a shock but consider how I had to learn it...the hard way.

As far as the gun's legality, it only becomes illegal if I modify the barrel by shortening it any more. Honestly, I wouldn't want it any shorter. If I need something with a shorter barrel, I'll go for my 9mm or my .38. I'm also an NRA member because it pays to be one. Look that one up and you'll see why.

Now, let me tell you something. There are all kinda megaguns you can go out there and buy and guess what? They may look scary but it's the bullets you're putting through them that matter, not that big scary gun you're using.


Meet The M-16 (That's the black gun) and the AK-47 (The other one). Samuel L. Jackson called a fully automatic AK-47 "The Baddest Machine Gun Ever Made. When you absolutely, positively GOT ta kill every mothafucka in the room...accept no substitutes."

Hold on, Sam. You know I love ya and your acting. You're a damn good tough guy to rival the likes of DeNiro and Pacino any day of the week but I have to let you in on a little secret. Both of them use the same round (.223 caliber...relatively small) and the AK-47 doesn't have half the jamming problem that the M-16 does. That's mainly due to the inner workings of the rifle, not the round. Now, with that lesson learned, let's examine what the difference is between an M-14 rifle (normal) and one with a pistol grip. Think about that for a second.

Know what the difference is yet? The cosmetic portions. even with a bipod on the rifle, there is no difference. It still fires a .223 round and it's still deadly. Still, anti-gun pundits want you believing that it's an "assault" weapon. Can you define that term "Assault Weapon?" While you're thinking on that, consider this and how dangerous that language is. My 9mm is an "assault" weapon. Why? Because the mere act of pointing it at someone is an act of assault with a deadly weapon. Pointing it at someone unloaded is aggravated assault. The point is that any gun can be labelled an assault weapon based on this terminology. Starting to see how this can transpire yet? The end result won't be good at all. The end result will always be ammunition. Go out and start shopping around and note how many different types of ammo there are and how many different guns can fire the same round.

Now that we have that established, I'd like to give you one more piece for consideration. Check out this ad on Craig's List that was recently spotted by the wife of one of our guys on the Self-Defense forums:

Date: 2009-01-06, 3:43AM EST

I was the white guy with the black Burrberry jacket that you demanded I hand over shortly after you pulled the knife on me and my girlfriend. You also asked for my girlfriend's purse and earrings. I hope you somehow come across this message. I'd like to apologize.
I didn't expect you to sh*t in your pants when I drew my pistol after you took my jacket. Truth is, I was wearing the jacket for a reason that evening, and it wasn't that cold outside. You see, my girlfriend had just bought me that Kimber 1911 .45 ACP pistol for Christmas, and we had just picked up a shoulder holster for it that evening. Beautiful pistol, eh? It's a very intimidating weapon when pointed at your head, isn't it?

I know it probably wasn't a great deal of fun walking back to wherever you'd come from with that brown stinking sludge flopping about in your pants. I'm sure it was even worse since you also ended up leaving your shoes, cellphone, and wallet with me. I couldn't have you calling up any of your buddies to come help you try to mug us again. I took the liberty of calling your mother, or "Momma" as you had her listed in your cell, and explaining to her your situation. I also bought myself some gas on your card. I gave your shoes to one of the homeless guys over by Vinnie Van Go Go's, along with all of the cash in your wallet, then I threw the wallet itself in a dumpster.

I called a bunch of phone sex numbers from your cell. They'll be on your bill in case you'd like to know which ones. Alltel recently shut down the line, and I've only had the phone for a little over a day now, so I don't know what's going on with that. I hope they haven't permanently cut off your service. I was about to make some threatening phone calls to the DA's office with it. Oh well.

So, about your pants. I know that I was a little rough on you when you did this whole attempted mugging thing, so I'd like to make it up to you. I'm sure you've already washed your pants, so I'd like to help you out. I'd like to reimburse you for the detergent you used on the pants. What brand did you use, and was it liquid or powder? I'd also like to apologize for not killing you and instead making you walk back home humiliated. I'm hoping that you'll reconsider your choice of path in life. Next time you might not be so lucky. If you read this message, email me and we'll do lunch and laundry. Peace!


- Alex

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