IS SELF DEFENSE A DEFENSE?

Sometimes the law is fascinating. Browsing the Volokh Conspiracy I came across a strange one.

The Michigan Supreme Court was called upon to reverse a felons conviction for gun possession because he was in a self defense situation. The case is The People of Michigan vs Dupree.

Quoting the linked decision: “In this criminal case, we hold that the traditional common law affirmative defense of self-defense may be interposed to a charge of being a felon in possession of a firearm, MCL 750.224f. Defendant temporarily possessed a firearm in violation of the felon-in-possession statute but introduced evidence at trial supporting the theory that his violation was justified because he acted in self-defense.”

While the entire decision is quite interesting, it is beyond the scope of this blog. It is sufficient to note that actual self defense overrides the ban on gun possession by felons. In Michigan only, for the time being.

Stranger

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A RECORD NUMBER OF “LIFERS” WALKING UK STREETS

The Telegraph reports on something that has been an informal topic of discussion for some time now. The record number of individuals given life terms in the UK who are now out on parole.

This in a country whose recidivism rate is much higher than the “two thirds of parolees will reoffend within sixty months” that is the norm. Perhaps a part of the problem could be described as “emphasis.”

Briefly quoting the Telegraph item linked above: “No matter where our future landing place lies, the Board will continue to focus on maintaining the highest standards of case management and decision making as part of our core mission of working with others to protect the public.”

Bluntly, a Parole Board’s core mission is to protect the public, not to “maintain the highest standards of case management.” That mission becomes all the more important in a time when budget cuts threaten to reduce the number of UK police officers by up to 60,000 men.

Everything considered, if I were a Brit, I would start looking for a way out of the crime ridden landing strip that used to be England. Because it’s bad now, and it can only get worse.

Stranger

Posted in BRITISH CRIME REPORTING | Leave a comment

HMMM. What sort of a gun blog is this?

With a sweep of the Stetson to Days of Our Trailers for the tip, I see this blog rated a listing as a guns and gear gun blog at gunsamerica.com.

Actually, the Alley is more a numbers and political site. Especially in this election year. The original intent is to present facts and figures on existing gun laws, including the permissive “you must posses a functional firearm,” and the restrictive British/Australian/Brazilian type gun laws. And most especially on the results of American gun laws.

After all, there is no more convincing argument against gun controls than a simple recitation of that abomination’s track record. And there is no more convincing argument for permissive gun laws than a simple recitation of the results of permissive gun laws.

However, if numbers were all I had to talk about, posts would be few and far between. And in this election year, I feel it is a really good idea to keep an eye on the pro-gun candidates no one ever hears of. Like Scott Brown, Charles Djou, and others. After all, 535 Congress members will pass on our laws. And the more pro-gun Congressmen and women there are in DC, the safer our civil rights are.

And of course, there is the inevitable gun talk. Like the railroad man’s “railroad talk” (bowdlerized, romance and payday) gun buffs can find an amazing variety of things to discuss. And sometimes to cuss.

My intent is for the Alley to present some of all of it. Including guns and gear. But that is not the primary purpose. The primary purpose is to be an ammunition depot – for the war on those who would make war on guns. The secondary purpose is to direct attention to those things I think deserve attention.

Stranger

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MAXINE WATERS CHOOSES A TRIAL, RANGEL A MYSTERY

Anti-gun and therefore pro-crime Rep Maxine Waters D-NY) has chosen a trial before the House on ethics charges, the Capitol newspaper The Hill reports, citing multiple sources.

In the meantime, there seems to be a lot of smoke but not much fire in the ethics case of Rep. Charles Rangel (D-NY). There are definitive statements that Rangel will resign; will go to trial to defend himself; the whole slate of charges will be swept under the rug, and so on.

We shall see what we shall see – but if both get a slap on the wrist I will have won two cups of coffee.

Stranger

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SENATOR BEN NELSON (D-NE) OPPOSES KAGAN

Bloomberg reports Senator Ben Nelson has heard his constituents concerns and “will not vote to confirm Elena Kagan.

Briefly quoting the linked Bloomberg item: “Nelson said he had heard “concerns” from people in Nebraska about Kagan.”

Of course, Nelson is already in trouble with his constituents over his ObamaCare vote. But if a hard line Democrat who put his career on the line to vote for ObamaCare can be persuaded to reject Elena Kagan, almost every Democratic Senator can be switched by voter pressure.

That is why it is critically important that you make a call to your Senators. Enough calls can switch Democrats, and enough calls can stiffen Republican opposition. It would only take another handful of switched votes and Kagan will be another failed nominee.

And we will not have a radical anti-gun activist on the Supreme Court for thirty or more years.

Stranger

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INSTINCT SHOOTING

The late “Lucky” McDaniel taught what he described as “instinct shooting.” A century and a half ago, when “bored through” revolver cylinders were still a novelty, Lucius Johnson taught “snap shooting.” Both of these emphasized hitting what you aim at – at “shotgun range” – with either a handgun or a shotgun.

As far as I can tell from 20th Century books and the odd 19th Century reference, there is essentially no difference between the two techniques. Here is the Threatfocused forum thread on McDaniel’s “instinct shooting.”

You will notice the forum puts heavy emphasis on McDaniel’s hands on teaching technique. J.H. FitzGerald, “Fitz” to Elmer Keith and a host of gunnies during the first half of the 20th Century, described a gunfighters snap shooting in these terms:

“The practiced draw, the elbow pulled tightly into the side to steady the forearm as it quickly takes certain aim, and the practiced squeeze of the trigger timed to drop the hammer just as the forearm lines up on the target….”

And that is essentially the way it is done with a handgun. With a long gun, you look at the top of the flying target, and let your instincts take over. Your “sights” are your “off hand,” the left hand for right handed shooters. But for the short gun, your “sight” is your forearm. And, knowing that – and that hitting a flying target with that series of movements is not only practical but easy – you too can be a snap shooter. Or an “Instinct Shooter,” if you prefer.

At normal distances, five to seven yards, if you can point at it with your finger, you can hit it snap shooting. And you can get your first hit while the conventionally trained pistol shooter is trying to get his feet set.

Learning to hit what you are shooting at is somewhat slower if you do it by yourself, but the recommended ammo is cheap.

Now – all that said, should you practice snap shooting to improve your competition scores? Well – that depends. Almost anyone can knock doves out of the air – or put attackers on the ground snap shooting. But only a few among us have the ability to make consistent 10′s or X’s on paper targets without using the sights.

If you are one of the extremely well coordinated few – you might clean a few plows that way. But for most competition shooters, conventional shooting styles have been tested over many years. And folks just like you have done the testing. Use the most popular style for the games you play – if you want to win.

But do learn to snap shoot as well, to win at the game of living.

Stranger

Posted in GUN TALK | Leave a comment

SALUTE

The American Thinker site has an item that is really both off topic for this blog, and that is not suitable for excerpting. It is by F. Owen Smith, and titled “The Mom Thing.”

It’s worth a read. Pick up a pack of Kleenex before you click on the link.

Stranger

Posted in STRAYS | Leave a comment

TUESDAY, AUGUST 3rd, IS PRIMARY DAY

In Kansas, Michigan, and Missouri. Besides the usual bunch of anti’s to vote against, Missouri has a vote of a different sort. While it is OT, off topic here, it is of interest to a lot of us.

It is a vote on what is called “Proposition C,” an ObamaCare referendum.

Speaking personally – my doctors tell me they will quit if ObamaCare goes into effect. No more bone and joint man to take care of an increasingly arthritic hip. The retina specialist who is doing wonders for my macular degeneration will be long gone. And the GP who takes care of keeping my pneumonia shots up to date is making plans to close his practice.

Why? Because ObamaCare calls for health care rationing for Seniors, with a big cut in Medicare payments. So Seniors will have to fork over a lot more money for supplemental insurance – or do without health care. Doctors have to make a living, too, so that puts them in a bind. Lose money on Seniors or quit. The ethical ones are quitting.

Of course, Medicare costs are far too high. The solution is not to cut health care, but to impose “tort reform.” Stop frivolous lawsuits that do little but make lawyers money. Here’s a link to just one story of why every American desperately needs tort reform; A frivolous lawsuit threatens to close a health care facility – even though no one has been harmed, or even complained.

Essentially, 70 cents out of every health care dollar YOU shell out goes to mandatory testing and record keeping with no purpose but to keep lawyers out of health care providers pockets. Less than 25 cents of YOUR health care dollar goes for health care. So tort reform would cut YOUR health insurance costs by up to two thirds – and preserve Seniors health care. My health care!

So if you are in Missouri, please vote for “Proposition C.” And for the pro-gun pols as well.

Stranger

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SECOND ANTI CONGRESSCRITTER FACES CHARGES

Most of the shooting community is well aware that long time gun hater, Rep. Charles Rangel, is facing ethics charges in the House. Rangel is as anti-gun, and therefore as pro-crime, as his predecessor in office; Adam Clayton Powell.

Fewer of us are aware that a second gun hater, Rep. Maxine Walters, is on the fast track to ethics charges. As the left leaning web site Politico commented today “ Decision near on Maxine Waters ethics case.

The Politico item suggests a decision could have been announced today, but if it has, it has not flashed across my computer screen.

However, considering the Party affiliation of both Rangel and Waters, and that Party’s control of the House, it is doubtful that either Rangel or Waters will get more than a “Please don’t do that again, pretty please with sugar and cream on it” admonishment.

Stranger

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2A CHALLENGE TO MARYLAND’S GUN LAW

Alan Gura and the Second Amendment Foundation have filed a suit challenging Maryland’s draconian gun laws. The suit was filed on behalf of Raymond Woollard, whose renewal was denied because he could not show he is subject to “threats occurring beyond his residence.” Woollard originally obtained a permit after a fight with an intruder in his home.

Briefly quoting the Seattle Pi news item linked above:

“Under Maryland law, Woollard is required “to be clairvoyant and somehow prove” that he is likely to become a crime victim, Gura said. “We believe that if the state wants to deny (Woollard) a permit, then it bears the burden of proving that there’s a good reason to deny him that permit.”

Anti gun and therefore pro-crime activist State AG Doug Gansler says the Maryland law is Constitutional and all that. Of course.

And finally, Handgun Control, Inc., DBA as the Brady Center to Promote Prevent Gun Violence was also quoted. Not that HCI rep ever says anything quotable but those interested can check out the news item for horse laughs.

Stranger

Posted in PRO-GUN LAWSUITS | Leave a comment