I hope you had an awesome Thanksgiving Day yesterday, and if you’re going to be out braving the shopping crowds, have fun and watch your six!
As always, I’ve got a solid issue of the Armed American Report loaded with crucial information all ready to go for you.
You know, one of the biggest benefits of being a USCCA member, is that you get access to tons of articles that help you understand the legal aspect of carrying concealed, and what you may be faced with in the event that you are forced to defend yourself. I’m sharing one of those articles with you this week.
Let’s get started.
It Doesn’t Have to Make Sense: It’s Just the Law - Statements
“…Written statement: a VERY BAD idea! ….”
by K.L. Jamison
In 1996, an unhappy consumer attacked the City Marshal of Lancaster, Missouri with a hammer.(1) The Marshal defended himself and later vented his adrenaline to the responding Sheriff stating, “I hope the son-of-a-bitch is dead.” This led to the Marshal’s conviction for involuntary manslaughter and a sentence of seven years in prison.(2) The story had a happy ending, but a story four years and tens of thousands of dollars in the making, and not a story the Marshal enjoyed very much. The Marshal might have avoided the worst part of the story had he not confused his right to remain silent with the right of free speech.
In the movie, Under Pressure, a woman tried to explain the stalking and implied threats of a neighbor. After a disorganized and unconvincing recitation of ambiguous events she lamely concludes, “I’m not a very good story teller.” Most people tell stories badly. In the aftermath of self-defense there can be a giddy stream of consciousness statement which has more to do with the effects of adrenaline than reality. The basic legal advice is “DON’T.”
The first question is, “What is a statement?” In a nation which counts exotic dancing as freedom of speech, a statement is also broadly construed. In 1996, the Missouri Supreme Court ruled that a suspect’s refusal to uncross his legs during questioning could be taken as a statement when later charged with murder.(3) In a separate death penalty case, the court found that the defendant had purchased a used car which sported the bumper sticker, “I’m the person your mother warned you about.” At trial the prosecution argued that the fact he did not remove this bumper sticker revealed something about his character. The Missouri Supreme Court ruled that it was perfectly acceptable for the state to kill this man, in part, because of his failure to remove the bumpersticker.(4) One can imagine the effect of bumper stickers bought in jest such as, “Keep Honking, I’m Reloading.” If this case does not also inspire a re-evaluation of one’s T-shirt collection, nothing will.
There is also the problem of nicknames. As of this writing, a rapper who rejoices in the stage name “C-Murder” is on trial for murder. If I were asked to defend a man named “Murder” or any variation thereof, I would charge more. Massad Ayoob testified in favor of a police officer who had killed a felon nicknamed “Snake.” Captain Ayoob slipped the nickname into his testimony which seems to have had an effect on the jury.
Written statement, a VERY BAD idea!
There is a cynical defense attorney saying: “Anything you say will be misquoted and used against you.” In the movie, My Cousin Vinnie, two, unfortunate Yankees are suspected of murder and during questioning are accused of shooting a clerk. One incredulously asked, “I shot the clerk?” This is taken down and read in court as a confession. Theater audiences laughed, defense attorneys smiled and nodded. There have even been cases where comments by other persons have been attributed to the defendant, and used against him; complete silence is the only bulwark against these mistakes.
The first statement is the 911 call. These calls are recorded and if the call sounds bad for the defendant, it will be played over and over again at trial. In one case, a man cocked his double-action revolver and went after a person who was shooting out windows. When he caught up with the threat he extended his revolver and in the process tripped the light single action trigger pull; arguably an accidental discharge. His 911 call records him saying that he thought he had just shot someone. The 911 operator, trained to keep him on the line and keep him talking, asked why he thought he had shot someone. The man replied, “Lady, I think I’m a pretty good shot.” This callous-sounding statement took accident off the table and the man had to live or die with a self-defense case. This all important introduction to law enforcement must be planned in advance.
The first words out of the caller’s mouth should be the location of the incident. If the battery then dies, or the minutes run out, or some other technological catastrophe occurs the authorities will know that something of interest is at that location, and the caller’s cell phone records can prove that he or she made the call. The next statement is the caller’s name. The core of the 911 call consists of three sentences:
“He tried to kill me.”
“I was never so scared in my life.”
“Send an ambulance.”(5)
The first sentence serves to introduce the roles of the parties, the caller is the victim, the other person the attacker. Being in reasonable fear of life or limb is a prerequisite to acting in self-defense. The phrase “I was never so scared…” is to preclude the prosecutor from claiming that the citizen never said he was scared “until he talked to a lawyer.”(6) The phrase “Send an ambulance” says that the caller does not want anyone to die.
When the police arrive, they will want a more elaborate statement; this should consist only of:
1. He attacked me.
2. I will sign a complaint.
3. There is the evidence.
4. I WANT A LAWYER.
Good Advice.
This restates part of the 911 call and points out critical evidence. One cannot expect the “CSI” team to be called out to pick up every fiber and hair. If a real forensic team routinely conducted the investigations shown on television, its budget would last about a week.
The demand for a lawyer is both the best thing one can do, and a damaging statement. Anyone who is questioned by police has the right to a lawyer; this includes victims. The problem is that the police, and potential jurors, take a demand for a lawyer as evidence of something to hide. To compound the problem, the victim’s decision to remain silent and demand for a lawyer can be used again him or her in court. In the criminal system, one does not have rights, until arrested; it doesn’t have to make sense, it’s just the law. It is a left-handed fortune that people who act in self-defense are routinely arrested. It may be called something else such as “detained” or given the “Alice in Wonderland” explanation “You’re being handcuffed for your own protection.” Whenever a person is not allowed to leave, he is placed under arrest regardless of descriptive terms. If one is arrested, generations of TV shows advise us to remain silent.
Western Missouri Shooters Alliance President Sheila Stokes-Begley employs a cell phone and CZ75 compact.
If the circumstances are ambivalent, simply state a fear of being sued, and demand a lawyer to protect against frivolous litigation. Bernard Goetz was acquitted of criminal charges in the shooting of four thugs on the subway, but was sued for $43 million and lost. Police are frequently sued by criminals and the explanation is likely to ring a bell.
Self-defense cases bring out the curious, the media in the forefront. Comments to friends will be confused and used against you, comments to family will be mistaken and used against you. Both family and friends can be subpoenaed and forced to testify against you. Comments to the media will be sensationalized and this is never good. The New York City prosecutor’s office had determined not to charge Bernard Goetz, until he made unwise remarks to the news media. At some point a statement must be made. The impression is that the earlier a statement is made, the more reliable it is. In reality, the earlier a statement is made, the less reliable it is. The effects of stress will confuse the statement and even cause temporary amnesia. Inaccuracies in the initial statement will convince authorities that the survivor is both a liar and a murderer. A lawyer must be immediately engaged to organize the statement.
A lawyer is a professional storyteller. He will not tell the client how to lie, he will tell him how to tell the truth, a more complicated process than most imagine. The statement must contain facts which track the elements of self-defense. In the case of defense of home or defense of other persons, there may be other elements as well. Knowledge of the assailant’s reputation for violence would certainly be relevant. The most important element to include is fear. A police statement is no place for macho posturing. One cannot use violence against another person unless in fear of life or limb. The survivor must go over every detail of why he or she was terrified, weak-kneed, pants-pissing afraid. If one does foul one’s pants, a not uncommon event, make sure that goes into the statement. No matter how ineffective a storyteller the survivor might be, the jury is sure to believe that.
(1)1 A City Marshal is a law enforcement officer position used in Third and Fourth Class towns in Missouri.
(2) State v Beeler, 12 S.W.3d 294 (Mo. 2000) at 296.
(3) State v Kinder, 942 S.W.2d 313 (Mo en banc 1996) at 325.
(4) State v Six, 805 S.W.2d 159 (Mo. Ban. 1991) at 167.
(5) Taken from the Western Missouri Shooters Alliance “Stay Out of Jail” card, see www.WMSA.net.
(6) A claim I have heard, even when false.
Kevin L. Jamison is an attorney in the Kansas City Missouri area concentrating in the area of weapons and self-defense.
This information is for legal information purposes and does not constitute legal advice. For specific questions you should consult a qualified attorney.
USCCA Toon of the Week
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== Survival Update == |
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>>Click Here To Learn More<< |
Part Two of The Henry Repeating Arms Survival Rifle Review
USCCA Gear Review
Part One of this review is HERE.
I received a whole bunch of emails regarding Part One of this review. Apparently it evoked plenty of memories. I received emails from folks telling me about a Henry Survival Rifle they may have owned years ago, many from those who own them now, those who won’t go on any outdoor excursion without one as a primary or backup weapon, and even an email from an Alaskan pilot.
Now the one from the pilot was the most memorable to me because it was just hilarious. Here’s what he wrote:
For most of my twenty years flying the bush in Alaska, the law required us to have a survival weapon in the aircraft. The company I flew for much of the time supplied us with the AR7 along with the rest of the state required survival material. It was a great little thing to use and a good feeling to have it on board. Then came along that conservative who mishandled so many things and the State of Alaska was required to meet what are called “federal standards.” No more guns in the aircraft as a requirement to stay alive. I liked that thing (the Henry Survival Rifle). It was perfect for the job. Why, even though it wouldn’t stop most bears, you could wound the other guy so that you could run faster than he could and get away.
That part about how to use the little AR-7 in case of bear attack got me laughing. I must say that I really like emails from folks who have a great sense of humor.
Now a couple of emails addressed some issues that were experienced with the lightweight gun that is perfect for a backpack. One person emailed me that theirs had a trigger pull that felt like it was twenty pounds. My experience with the trigger on this little rifle was one hundred percent positive. I was actually amazed at how good it was. There was no perceptible take up, it broke clean, and there was no overtravel. And for a rifle chambered in .22 Long Rifle that is so lightweight to begin with, a good trigger is a must to be able to stay on target.
A reader also emailed me that they had a hard time getting the buttstock open. I found that if I tried to pry open the end of the buttstock to get the parts out, I couldn’t do it by pulling from the top or sides. However, if I pulled from the bottom of the buttstock cover, where there are grooves in the cover, it opened quite easily. Easy enough to do one-handed actually.
Another emailer mentioned problems with ammo that they felt should work in the gun. I used Federal Premium Ammunition Gold Medal Target .22 Long Rifle 40 grain solid with a muzzle velocity rated at 1200 feet per second. I had one solitary failure to eject that was completely my fault. I pulled back on the gun while the action was cycling thereby removing the solid platform for the action to work against.
In rapid fire testing, I emptied magazine after magazine without a hiccup. The magazines would fall free when I pressed the release that is at the front of the trigger guard. One hundred percent reliability during my test firing session.
I do think that the flawless functioning had to do not only with excellent manufacturing, all US made parts, and excellent ammo, but also preparing the rifle for use before touching off that first round.
I believe there may be many shooters that don’t clean a new gun before they fire it, or may not fully prepare a new gun for use. Though the Henry Survival Rifle didn’t arrive with a bunch of thick grease in critical spots to protect during long term storage and shipping, it still needed a cleaning and proper lube. I feel that my cleaning the gun before shooting it, use of Sentry Solutions Bore Kote, and working the action at least a hundred times got all the kinks worked out before the hammer dropped on any ammo.
The Sentry Solutions products can slick up an action really nice without any gunky junk to slow things down. Plus using it in the barrel can actually increase velocity of a rifle you’ve been using for years to the point that you need to re-zero your optics! But this review is about the rifle. I did one about Sentry Solutions products some time ago.
So how does it shoot? Well I know I’d be able to take some small game under survival conditions with the little rifle. It’s even light enough to hold in one hand if I have been injured. I received an email from someone who told me that they have taken coyote with the Henry Survival Rifle. And a magazine of twenty-twos emptied into center mass of a two legged predator trying to kill you could very well save your life if it got real bad. The fact is to not overestimate nor underestimate the capabilities of the .22 Long Rifle in competent hands.
I got to my shootin’ spot late in the afternoon. I had my headlights on as I was driving there because dusk was quickly settling in. Below is the photo of the target set up at fifty yards. This is how it looked to me using the open rear peep and front blade sights on the rifle. The rear sight of the rifle is adjustable for elevation with the dovetail front sight being adjustable for windage.
The older I get, the smaller and more blurry these targets look. Even up close! I like these Caldwell Tip Top sighting in targets. The bullet holes look like someone took a paper punch to the target. No tearing, and the targets are not paper so they archive nicely.
At 25 yards I got groups that stayed around what the following target shows. There is a 2 1/8 inch spread between the farthest holes on this target where a 5-shot group is shown.
At 50 yards, when the light was getting quite dim, I was able to keep getting about the same pattern in three shot groups as shown in the following photo. There is a 3 inch spread between holes on this target shot at 50 yards.
I think that after I finish up the thousand rounds of Federal Gold Medal Target loads that I have, I will be able to tighten up these groups a bit more. Since the rifle is short and there is no fore end, I just need to find the most effective way to hold it consistently steady. I gripped the rifle just below the barrel nut with my fingers wrapped around the magazine and magazine well. I did use the little Caldwell Pistolero Pistol Rest to help steady me a bit more as I was using the hood of my Jeep as a shooting platform.
I also wanted to mention that I unintentionally squeezed the trigger on an empty chamber which is not really a good idea for a rimfire gun. With a centerfire the firing pin doesn’t hit anything when dry fired, but on a rimfire it can cause the firing pin to strike hard metal instead of the soft brass of the primer. This could cause the firing pin to break. Well, my couple of unintentional drops of the firing pin on an empty chamber due to not counting my rounds didn’t cause any problems yet.
If I could change anything about the rifle it would be the design of the bolt handle. Until the barrel is attached, the bolt handle could possibly fall out. It’s easy to prevent by keeping the receiver right side up while attaching the barrel, and even if the bolt would be lost, the action could be cycled with an improvised implement. With the width of the buttstock, I do not know if a fixed bolt handle would be able to fit in the small space and still be usable though.
I am confident that if I was stuck out in the middle of nowhere with just this little Henry Survival Rifle to harvest some meat and even defend myself, that I could do what I needed to do. Of course I would prefer a larger caliber centerfire rifle for such an occasion as any sort of natural or man-made disaster may bring, but this little rifle is the one that is most likely to make it into Bug Out Bags as well as being packed out for day hikes.
I was wondering why the scope rib was included as part of the design of a rifle that comes apart to be stowed in a compact self-contained package. I think I know now. This little gun will probably spend more time assembled than disassembled so having that rib for an inexpensive red dot sight or scope is perfectly logical. As a matter of fact I plan on getting a Tasco Red Dot for it. I’ll let you know how that works out. Now all I need is a nice ammo box to keep 500 rounds of .22 Long Rifle dry and ready.
If you get to shoot one, they are just plain fun. If you buy one, you will probably want two—one to pack in the Bug Out Bag, and one to shoot every chance you get. Check out the remake of the AR-7 as well as Henry Repeating Arms other fine rifles at www.henryrepeating.com.
Quote of the Week
“Please eat more beef!”
-Mr. Turkey
USCCA Forum Highlights
Every paying website member has complete access to the USCCA forum, which is constantly being accessed by members sharing information, knowledge, insight, and fun. With well over sixty-thousand posts and growing by the hour, this is one heck of a valuable resource!
If you have never logged in but are a member, visit THIS location to watch help videos, including how to find out your username and/or password!
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My First Question - A Big One?
I am a new member here, so first - hello to all!
Both here and in general I hear from people that are happy that Obama is our new president, yet it doesn’t really seem that they agree with his stated positions or voting record. These people say they hope things will ‘get better now’ that he is president or something similar, but never really elaborate. I am trying (struggling) to understand.
Keeping it related to this forum - in another thread some members expressed being happy that Obama is president. Obviously all that are on this forum cherish their 2nd amendment rights and from his statements, recent appointments, and voting record Obama does not. Why would that person be happy he was elected? Is there something about him, or something you think he will accomplish that is more important to you than your 2nd amendment rights and you would give them up for?
Please understand I have nothing against anyone that is happy Obama is president, I am just trying to understand why - particularly when these same people do not seem to agree with his positions. Is it not one of our duties to our country to make sure we elect those that will uphold the constitution and agree with our values?
I’m trying to understand why people elect those that do not agree with their own positions. I have been for some time as I am from the Northeast US where nearly everyone I know complains about the state of affairs, yet somehow they keep electing the same career politicians over and over even when there are great alternatives.
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We were on the back patio checking out my grandson’s (He’s 10) newest Airsoft gun when I allowed my granddaughter (nearly 6 years old) to fire the Airsoft pistol. I told her to always keep it pointed down range…’that way only’ and to keep her finger off the trigger until she’s ready to fire and she looks at me with her hands and feet together with a giddy grin on her face….”Oh boy! My first training!”
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USCCA Forums Has me Running Scared
The following post is an example of the learning curve that we go through as responsible citizens who take seriously the “self” in self-defense. First the awareness that we indeed can become a victim of violent crime, then the concern over our current ability to rightfully defend our own lives, and then the seeking of qualified training to become confident.
I hope I have gotten your attention and I certainly hope I get some response. I’m not sure of what I’m looking for in responses, but hopefully these responses will make me feel more at ease. Here is why I am running scared. As I have written in some of my other posts. I have had a CCW for over 25 Years and seldom carried and recently I have acquired an uneasy feeling about the condition our country as well as the world is in. Well now I carry all the time and even keep my loaded Glock 19 nearby, by the way it’s only my wife and I at home so I do not have to worry about children.
I guess it’s probably all the negative news being shown to us all the time and becoming very aware of my surroundings. I recently renewed my membership in the NRA and I saw an ad about USCCA. I immediately went to the site and joined it. I have been a member of USCCA for about a month. Well over the course of this past month I have dug around extensively on this site. The more I read the more nervous I become.
I’m nervous about using deadly force, not so much as having to take a Human Life but more so about the legal end of it. It has bothered me so much that I just joined an Armed Security Coarse that is approximately 50Hrs. I have also signed up for a Personal Protection Coarse that I will take in February.
These Courses teach a lot about the Law and the consequences of using Deadly Force. I live in upstate New York and I have read Article 35 of the NYS Penal Law. The Law here is if you don’t have a 100% ironclad reason why you shot someone you will be going to prison and you will be sued.
Do any of you members feel this way or had felt this way? If so what made you comfortable if you need to use deadly force? Am I a nut or just over cautious? I would hate to go to prison because some prosecutor got me found guilty because of a mistake I may have made. What say you?
Our exclusive members-only forums are an incredible resource due to the numbers of experienced members ready and willing to help answer questions. An added plus is that it is for paid members only. That hands down eliminates the creeps and losers that can be found lurking in other online forums.
Video of the Week
It seems that when anything is done for a mass public audience it gets dumbed down to the point of almost being ineffective. For those of you who lived through the era of the “Drop & Cover” safety films, this one might appear eerily familiar even though it is new.
Please don’t be a sheep. The tips in this video aren’t bad, but a real self-defense mindset does take quite a bit more. Have my fellow USCCA members taken some time to really get their friends and family up to speed about holiday safety? It’s not too late.
http://www.youtube.com/watch?v=vbv6-2yJTc8
USCCA Photo of the Week
All Photos of the Week are taken from Mr. Oleg Volk’s website:
http://www.a-human-right.com/.
It is a fantastic site. Please check it out!
USCCA Self Defense Story
Every day, thousands of Armed Americans use their firearms to preserve human life. Let this section of my newsletter serve as a record of this fact!
November 21, 2009
East St. Louis, Illinois
From: KSDK
Prosecutor: Would-Be Robber Charged With Accomplice’s Death
St. Clair County State’s Attorney Robert Haida has charged a suspected robber for the murder of his fellow accomplice, who was shot and killed by a store clerk during an attempted robbery in East St. Louis.
Michael Hunter is charged with first-degree murder for Larando King’s death, even though Hunter did not fire a shot during the attempted robbery. Under Illinois law, a person can be charged with murder if anyone, including an accomplice, is killed in the commission of a felony.
King was killed Thursday morning while he, Hunter and other suspects attempted to break into the BFM Market in the 1000 block of Bond Avenue around 3 a.m. A clerk was in the business at the time and shot King in the chest as King pried open the front door.
Hunter took King to an East St. Louis hospital where he eventually died.
Haida said the clerk will not face charges since the shooting was in self-defense.
The case remains open since police may charge others involved in the attempted robbery. No word if Hunter will face any other charges in the case.
Closing Thoughts
I was carrying a Ruger P95 9mm CC. I did not like the idea of such a small caliber bullet, so I switched to a 45 colt. I think this should have the stopping power I am looking for. I know it is a single action revolver, but I am partial to revolvers anyway. What are your thoughts on this subject?
Time and time again, I’ve heard stories that confirm one thing: .380, 9mm, .40, or .45… there is no handgun that has any sort of “stopping power”. It’s all about shot placement.
Now, there are limits, and I do think it’s best to carry the most powerful gun that you can, but you really have to be prepared to do whatever it takes to stop a violent attacker, which seems to usually include landing several solid shots.
I remember one story in particular, where a man with a 1911 shot at a charging attacker three or four times, with one shot hitting the attacker in the chest and demolishing the lower half of the man’s heart.
Even with what would seem like a ‘perfect’ hit, the attacker jumped on the victim and dealt some serious damage with his fists and teeth for a full 45 seconds before dying.
However, I’ve also heard a story of a shop owner firing ONE round of .38 special at an attacker, having it hit him in the chest, and the attacker dropped on the spot- I don’t know where exactly he hit him, but I think a lot of it has to do with the will of your attacker.
It’s certain that we can’t count on getting lucky, but I would suggest putting my eggs in the “quick follow-up shot” basket instead of the “huge caliber single-action” basket. For some, this could mean a ‘Colt’ 1911 style .45 ACP, or for some it may mean a Ruger P95 9mm.
Just practice quick shots, and be prepared to shoot to LIVE, and to shoot to stop the threat.
Do you have a pressing concern? Use the ‘Ask Tim’ contact form found at this page to let me hear your advice. Just use the graphic below!
Tim Schmidt
Founder - U.S. Concealed Carry
http://www.usconcealedcarry.com
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