Of Arms and the Law
Navigation
About Me
Contact Me
Archives
XML Feed
Home

Ghillie Suits and Gear

Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools

ISOcover150x200sm.jpg

I've released my documentary film on the history of the right to arms, "In Search of the Second Amendment." It stars twelve professors of constitutional law, plus Steve Halbrook, David Kopel, Don Kates, and Clayton Cramer. You can order the DVD here. And here's the Wikipedia page on it. SUPREME COURT SPECIAL: additional orders only $10 each.


2nd Amendment Discussions
1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Survival Tips : The Survivalist Blog
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
The BitchGirls
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Visitors since April 1, 2005: Free Web Counter
Free Hit Counter

Credits
Powered by Movable Type 3.15
Site Design by Sekimori

« Sandy Froman interviewed | Main | What doesn't work in Chicago won't work in Cheyenne »

Not recommended to the prudent

Posted by David Hardy · 5 September 2008 08:27 AM

Even if a perp has a shotgun, he shouldn't get between a mother and her kids. Fortunately, the perp couldn't comprehend that the safety was on, which enabled the mother to grab the barrel, and the father to get it away from him and blast him.

Hat tip to Bernie Oliver...

· Self defense

Comments

Yes and the dumb crook lunged at the guy with the shotgun and got shot. Then the dumb crook lunged again at the husband and was shot again. That is the husbans story and he is sticking to it. As he should. At least the crook didn't lunge with his back.

I am just happy that both crooks were shot and that no humans were hurt just the predators. The only down side was that only one was killed. The other was just wounded.

I have heard that the husband is going to start shooting skeet and trap. He needs to improve his aim after all. He also needs to get his wife involved. After all he isn't home all the time.

Posted by: Dan Hamilton at September 5, 2008 08:44 AM

B... but... but wait... I thought that if you have a gun in your house, the criminals will only take it away from you and use it against you. I've never been told by the Brady Campaign or any other groups against "gun violence" that it might be possible for the crime victim to take the gun away from the attacker and use it against him. It doens't work that way, really, does it? It only works the other way, right?

Posted by: Bill at September 5, 2008 12:46 PM

Oh, and another instance of journalist vs. firearm technology: the report is that it was a shotgun, but it then says "the bullet pierced his diaphragm and other organs." Hmmm - slug? Buckshot? Maybe it was a rifle?

Anyhow, the best line - and one I'd like to read more often in these stories, but seems more common in Texas than just about anywhere else (don't try this in New Jersey!):

"Investigators say the couple were just defending their family and probably won't be charged."

Damn straight.

Posted by: Bill at September 5, 2008 12:49 PM

The headline (at least as I now read it) is factually wrong, though:
"Texas Woman Kills Home Intruder With His Own Gun"

Should read Texas Woman's *Husband* Kills Home Intruder With Intruder's Own Gun.

I'm glad this turned out well in the end, but the question is, does the family have their own guns and are they accessible?

PS: I like the NRA stories where adolescents have the presence of mind to retrieve the family firearm(s) and use them against criminals who aren't expecting teens to be able to fight back.
The kids in this story are very lucky mom & dad were quick on their feet.

Posted by: JJR at September 5, 2008 01:14 PM

Shouldn't the surviving perp be charged with felony murder in addition to burglary or whatever the report listed? As I recall, committing a felony in the course of which a person dies (even if it's another perp) is the very definition of felony murder.

Posted by: wrangler5 at September 5, 2008 03:45 PM

seems she did the exact opposite of what the intruder told her to do. and it worked.

Posted by: jon at September 6, 2008 09:09 AM

"Shouldn't the surviving perp be charged with felony murder in addition to burglary or whatever the report listed?"

In general, yes, maybe. It depends on which version of the felony murder rule the jurisdiction has adopted. Here you have a co-conspirator getting killed by an intended victim. I'm pretty sure in many jurisdictions it is considered to be foreseeable that an intended victim might fight back with deadly force, so this could (and should) be felony murder.

There are different variations of the felony murder rule - i.e., did one perp accidentally kill another perp? Did an innocent bystander get killed by a perp, but no on purpose? Did a cop kill one of the perps? Did a cop accidentally kill an innocent bystander while trying to apprehend a perp? Etc. Each of these might or might not be felony murder, depending on the law of the jurisdiction - the issue is foreseeability and causation (first year law school stuff).

Posted by: Bill at September 8, 2008 10:31 AM

Post a comment




Remember Me?

(you may use HTML tags for style)