Crickets is the sound after repeal. It strikes me that we have the gun control groups in the same position they had us in during the 80s and 90s, where we couldn’t count on Republicans to really help us out much. Actually, it’s probably worse, because I think many Democrats who were once staunch allies are abandoning the cause. It’s not surprising to me they don’t have much to say on this process. Spamming people on Twitter is probably more rewarding anyway.
Category: Anti-Gun Folks
Shoot First
One of the obnoxious sayings our opponents have come with is classifying “Stand your Ground” or “Castle Doctrine” as “Shoot First, and ask questions later.” This idea is to laughable to anyone with half a clue about how the legal system works. It makes you wonder if they think people don’t stop for even a few seconds to ponder that. Maybe they don’t think too highly of their followers, and from what I’ve seen of many of them, maybe they shouldn’t.
But what in what legal system are you not judged for your actions after committing some act? It’s not like some guy pulls a knife on you, demands your wallet, and before you can break leather, a judge appears out of the darkness, with twelve angry men and two attorneys in tow, who begin to hear testimony, cross examine witnesses and weigh evidence, then issue a verdict about whether or not you can shoot your attackers.
Any act of self-defense using deadly force is shoot first and ask questions later. Anyone who’s not a moron, or didn’t sleep through civics class in high school, knows that. Do the anti-gun groups really think people are that stupid?
Hypocrisy
Brady Campaign and Due Process
They’ve never heard of it, apparently. Nor have they apparently heard of checking your facts before making a claim. Kudos to the Daily Caller for, pardon the pun, calling them out on their deception. I wish more media would research and call gun control groups out for their lies:
The Brady Campaign sent this statement to TheDC Monday evening: “It has now been reported that the Sanford Police Department is in possession of the gun that George Zimmerman used to shoot Trayvon Martin. Zimmerman, however, still has his concealed carry license and he still has the ability to buy a gun and carry it into public spaces.â€
I’m sure the Brady Campaign believes the police are naturally letting shooters walk away with critical evidence, and they aren’t liars at all. I’m also sure they have a strong belief in due process, and don’t believe that people should be deprived of their right to keep and bear arms, or life, liberty or property without due process of law. I see that the Second Amendment isn’t the only part of the Constitution the Brady’s wish didn’t exist. Does this also mean they support the law of the mob?
We Finally Hear From Dan Gross
Over at the Brady Campaign Blog:
In fact, much more so than any of the shills they had promoting their agenda in their big budget propaganda campaign, George Zimmerman is the embodiment of the gun lobby and its vision for America.
George Zimmerman is the NRA.
Man, and we thought Helmke was full of shit? This really takes the cake. For days I’ve had people who represent this much vaunted “gun lobby” commenting here essentially agreeing that Zimmerman sure does look like someone who’s deservedly going to head before a jury, and Brady’s new prez says, following in the great and effective tradition of CSGV, that we own him.
Brady better hope Gross is a better fundraiser than he is a bullshit artist, or they’re in trouble. Out of the gate, I’m not terribly impressed.
New Name for the Brady Campaign?
Uncle coined the term Brady Campaign to Prevent Gun Ownership. Now he’s using a different one, “The Brady Campaign to Cling to Relevancy.” I guess the real question is how bitterly they are clinging? I’d say very. While the previous one is still certainly true, I think the newer one is probably more true.
Playing Fast and Loose
If the gun control movement has been turning the exploitation up to the max with the Zimmerman case, CSGV has been turning the dials all the way to 11. World class reality distortion expert and lilliputian Josh Horwitz is busy over on HuffPo trying to distort the facts around the Florida law, pointing to the immunity section of the statute, and arguing that prevents “ever having to face any meaningful review of their actions by a jury.” This is hogwash. This immunity can only apply in the event your self-defense is lawful under 776.012, s. 776.013, or s. 776.031 of Florida’s statute. If the facts are in dispute in regard as to whether you fall under this immunity, a jury will try those facts. I argued previously, this actually doesn’t mean a whole lot, and really only prevents prosecutors from abusing people who by all accounts were engaged in lawful self-defense. If there’s probable cause to believe the self-defense wasn’t lawful, then arrest and prosecution and proceed. Horwitz is essentially arguing we ought to be able to prosecute individuals without probable cause. Which isn’t lawful regardless of whether this statute exists or not. As I’ve said, I’m not sure really what purpose this passage serves in regards to criminal immunity, since it seems to me to just restate what is already law.
The bottom line is that prior to the “Stand Your Ground” law, if you were out in public in Florida and could avoid spilling blood by safely retreating from a conflict, you were required to do so by law. Now, hundreds of years of common law have been thrown out the window and the Seminole County grand jury will have to evaluate Zimmerman’s actions through the lens of the NRA’s new (and dangerous) statutes.
The standard is safely retreating. The law required retreat only when retreat could be done in complete safety. That’s a relatively tough burden for prosecutors to meet. Indeed, one of the arguments our opponents used to try to defeat the removal of the retreat requirement was to argue that it’s never been abused to lock away innocent people, because it is a tough standard to prosecute someone on.
So the $64,000 question is will the grand jury ultimately indict George Zimmerman or find that he acted in lawful “self-defense.” Prior to the “Stand Your Ground” law, a claim of “self-defense” would not have been possible, as Zimmerman would have had a duty to retreat to avoid a conflict with Martin (something which everyone acknowledges he could have done safely). But with the law in place, the grand jury may have the legal wiggle room necessary to avoid taking action.
This is just BS, plain and simple. Horwitz has absolutely no evidence that duty-to-retreat would have played into this case. I’ve seen one report that Zimmerman was on the ground with Martin on top of him. Duty-to-retreat would not have played into those circumstances. I’ve seen another report that Zimmerman was headed back to his truck and was attacked. That’s another circumstance duty-to-retreat wouldn’t have played into, because Zimmerman was in the process of retreating. As I’ve been saying repeatedly this week, this case is going to hinge on whether Zimmerman was legally faultless, more so than whether he could have retreated, and that would be the case whether Florida had this statute or not.
Horwitz then goes on to lament that Florida will issue licenses to people who have been arrested but not convicted:
Or you can be someone like George Zimmerman, who committed a violent crime but was able to plea-bargain it down to the point where it served as no obstacle to him obtaining a permit. And permits are good for seven years — so once you are issued one, you may not have your record checked again by the Florida Department of Agriculture and Consumer Services (the issuing body) until you renew the permit.
Zimmerman shoved an alcohol enforcement officer that was trying to arrest his friend in 2005. He was arrested, and in exchange for having the charges dropped, entered into what in Pennsylvania we’d call an ARD program, which means charges are dropped in exchange for your entering into a non-criminal rehabilitation program. This is usually done for non-violent first time offenders… typically DUIs here in Pennsylvania. Was it appropriate for Zimmerman? I think that can be debated. But the fact remains that Zimmerman was never convicted, and we don’t deny rights in this country without due process of law. Horwitz’s claim also implies once you have the license, they ignore any criminal activity you have in the mean time. This is just false. If you’re convicted of a disabling offense your permit will be noted, and revoked.
Horwitz is likely thrilled, because this case is earning CSGV some attention when they are largely, otherwise ignored. They’ve even been quoted in friendly media articles, the media being equally eager to exploit the tragedy for gain. It’s our job to ensure that once the hubbub over this case dies down, things go back to normal, and CSGV are left to their normal routine of begging for attention, any attention.
The Gift Wrapped Tragedy
Much like the shooting of Congresswoman Giffords, the Treyvon Martin shooting is the kind of tragedy that’s positively gift wrapped for our opponents in the gun control movement and the media, and they are exploiting the tragedy to the hilt.
Bloomberg News notes that it shows the weakness of American gun laws. The Tampa Bay Times, who are renowned experts on self-defense law, note the problems with Florida’s “Stand Your Ground” law, even though there’s no evidence at all yet that a duty to retreat would have played into these circumstances. The New York Times is certainly quick to jump in to blast Florida law, even though New York City’s laws are roughly the same. But of course the New York Times knew that, being such strong experts in these matters. The distinguished law professors at CNN tell us that the stand your ground law seems central to this case. Another post at a New York Times blog who don’t realize their law is the same as Florida’s and always has been. Even the National Review, apparently friendly to self-defense interest when the going is easy, run with their tail between their legs when the going gets tough.
It’s a gift to our opponents because it has folks talking about gun control, vigilantes, and wild, out of control redneck gun nuts. Tragedy may be our opponent’s currency, but demographic stereotypes are their natural manure. Any time they can people to surrender all reason, get angry, and act based solely on their emotions, it’s fertile ground. We should be on guard. I do not defend Zimmerman’s actions, but we have to be prepared to defend our rights from those who would exploit the shooting for their own political gain.
The CSGV Tragedy Flowchart
Courtesy of Miguel, originally by Brian Ritchie.
The Attorney General on “Brainwashing” People Against Guns
Eric Holder from 1995: