Shot in the Dark

Chanting Points Memo: “The GOP Is Legalizing Murder!”

It’s perhaps a sign that Minnesota is becoming at least incrementally less “blue” over time, that Rep. Tony Cornish’s “Stand Your Ground” bill is, er, drawing fire only from the most  extremes of the Twin Cities left.

But being the Twin Cities, the extremes get disproportionate coverage from the regional media.

And so as HR1467 works its way through the process,  likely to a floor vote in the fairly near future, it’d probably be useful for you, the Real American who supports Second Amendment rights for the law-abiding citizen, to get a jump ahead of the Extreme Left’s chanting points, to help you respond effectively when you run into it among your crazy aunts, the mailroom staff in line at the cafetria, your worthless professor, or wherever.

With that in mind, I’d like to walk you through a few of the Extreme Left’s chanting points about the “Stand Your Ground” bill – either memes they’ve used already, or ones that my 24 years’ experience in this field tells me will pop up eventually – and provide you with some responses.

Because I’m a helper, that’s why:

“If HF1467 passes, a murderer will be able to claim “self-defense” to get immunity from prosecution”:  Well, no – at least, not as a function of the Cornish bill.  It’s not unusual for murderers to claim self-defense;  the guy who shot St. Paul Police Sergeant Jerry Vick six years ago tried it.   Of course, most such attempts come a-cropper;  the standard for self-defense…

  • …one cannot be a willing participant
  • There must be reasonable fear of death or great bodily harm
  • The use of lethal force must be reasonable
  • The shooter must make reasonable efforts to avoid the use of lethal force…

…is already a pretty high one.  Imagine what it’d take to meet that standard, under any circumstances (whether self-defense is an affirmative defense or if the state must disprove it); a killer would have to find a victim with whom they had no history of animosity; they must set up a situation where that victim appears to attack the perpetrator with lethal force (and remember – planting weapons on a body is a very risky proposition, and if you don’t know exactly why, then there’s probably a good reason not to tell you), and to create the impression that they had tried hard enough not to shoot…

…in other words, they’d have to want to plan the “perfect crime” to kill their intended victim and claim self-defense – which is both equally feasible under current law and First Degree Murder.   Cornish’s bill does nothing to make psychopathic killers’ jobs any easier.

And let’s be honest; the number of killings that start as planned hits is infinitesimal.  The vast majority of murders are crimes either of passion, depravity or stupidity; wives shooting husbands, drug dealers killing each other, morons blasting people at bars.  Not planned assassinations.

Go over the story of any random murder committed from passion, depravity or stupidity – say, a gang banger shooting another gang banger  (let’s call them Josh and Taylor, respectively) outside a nightclub.  Let’s say Josh and Taylor get into a fight over colors, turf and drug sale territory and adjourn to the parking lot, where Josh shoots Taylor, and flees the scene.   Upon arrest, Josh tries to claim self-defense.  But…

  • …there’s a club full of witnesses who report that they were arguing, pushing and shoving, and threatening each other.  Under MN law, you have to strenuously avoid participating in the fight.
  • Witnesses, and possibly surveillance video, shows that Josh drew his pistol after Taylor took a swing at him with a beer bottle; fear of Death or Great Bodily Harm is not reasonable.  They also show  the shooting was not”reasonable” to protect Josh’s life, and that from the moment they left the bar Josh was aggressively pushing toward, not away from, the late Taylor.

So sure – Josh could claim self-defense.  The police at the scene would likely have all the evidence they needed to render that claim a bit of black comedy on Josh’s way to prison.

Just like under current law.

“It’s a “Shoot First” Bill!”: I’m not sure if anti-gunners even think about this one at all.  Has it occurred to them that, in a situation where one reasonably fears death or great bodily harm, that “shooting second” would be a really, really awful idea?

Do they honestly believe that the penalty for being the unwilling target of a lethal attack should legitimately be death?

Or do they just not think that hard about their chanting points?

“Claiming “Someone gave me the stink eye” will get you off the hook for murder“.  Only in a world where every investigator and prosecutor is a gabbling moron.

What this particular meme – and yes, “Spotty” from Cucking Stool used it, word for word – really means is the extreme left thinks, or wants the public to think anyway, that the Cornish bill will put an end to the investigation of killings, provided the shooter claims self-defense.

Anyone wanna put some money on that bet?

Killings – and shootings, and for that matter drawing and brandishing of firearms – should always be investigated.  Even if it’s a potential victim shooting a Level Eleventy Sex Offender who attacks her in a parking lot at the office while he’s wearing only a “Scream” mask and carrying an assortment of meat cleavers and chainsaws; the cops and prosecutors must go over the incident to make sure it was legitimate.  Nobody argues that, and Cornish’s bill doesn’t even try.  It merely says that someone who appears to have a solid case for self-defense – if the shooter legitimately appears to be…

  • …an unwilling victim…
  • who reasonably feared death or great bodily harm…
  • in a situation where lethal force was reasonable, and…
  • who did a reasonable job of trying to avoid killing anyone…

…should be considered innocent until proven guilty, rather than forced to prove they’re guilty-with-an-explanation – bearing in mind that if any of those four criteria are in question, it’s really not an issue at all.

“It says people can kill people who walk in their yards!” – Well, no.  Currently, if you shoot someone in your home – as in, between your front and back doors – there’s a presumption that that person was up to no good – provided there’s a reasonable fear that person is trying to kill you, etc, etc.  Cornish’s bill expands that presumption to the rest of your property – your yard, your garage, your car. A rapist in a woman’s garage is no different than a rapist in your house; there’s no rational reason for the law to treat them differently.

There are plenty of reasons to disagree with Cornish’s bill; all of them are based on a political, or emotional, rather than ethical, agenda.

Which will bring us to Heather Martens’ piece at MPR.  More at noon.


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Comments

8 responses to “Chanting Points Memo: “The GOP Is Legalizing Murder!””

  1. Seflores Avatar
    Seflores

    No one will ever convince me that the Liberal isn’t contemptuous of their fellow man. Based on their policy positions and their “what’s the matter with Kansas” attitude, they must believe that every citizen in the US is blithering idiot who can’t be trusted with guns, cars, freedom, land, money, food – well you get the picture.

  2. bosshoss429 Avatar
    bosshoss429

    It would also be a help if there were some protection for a gun owner if they legally use the gun for self defense, without killing the perp. In other words, if I avoid killing a knife wielding miscreant after he broke into my house at 3 a.m. by shooting him in the leg, I shouldn’t have to worry about getting sued by the scumbag.

    While I lived in Houston, TX a few years ago, there was at least one property defense shooting annually. I was appalled at the number of homeowners that just wounded the puke to disable them, were successfully sued for injury by the criminal, paying a large settlement. Now, mind you, this is just a guess, but if I’m one of those guys and by chance I’m a victim a second time, I would be aiming a little higher. victime mind

  3. bosshoss429 Avatar
    bosshoss429

    OOPS! Not enough coffee before posting. I have not clue what “victime mind” means!

  4. Sanity Avatar
    Sanity

    “Cornish’s bill expands that presumption to the rest of your property – your yard, your garage, your car.”

    Yippeee! Does this mean I can shoot at those pesky JW’s that come to my door? How about the kids selling candy for the football team? Oh, I can’t wait for the political candidates to come around!

    Finally, a law that lets me bag and tag the UPS man and the meter reader.

    “Sorry, Judge, I thought they were coming to rape and kill me. It was self-defense, and completely legal in Minnesota!”

  5. Mitch Berg Avatar
    Mitch Berg

    Cornish’s bill would bar suits aimed at lawful shoots.

  6. Mitch Berg Avatar
    Mitch Berg

    Sanity,

    Yippeee! Does this mean I can shoot at those pesky JW’s that come to my door? How about the kids selling candy for the football team? Oh, I can’t wait for the political candidates to come around!

    Do you legitimately fear death or great bodily harm from any of them?

    Please. Don’t waste the smart peoples’ time.

  7. bubbasan Avatar

    Mitch; maybe the politicians? :^)

  8. […] lives and property – I don’t honestly think Spot could explain it any better than he explains Minnesota’s self-defense […]

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