Joe Clay

Month

March 2012

3 posts

Stand Your Ground for Rights

There’s been a veritable ton of bullshit spread around about the ‘stand your ground’ section of the chapter on the justifiable use of force in the FL statutes. I thought I’d clear it up a bit. First, here’s the real text of that section.

§776.013(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Notice that this gives no warrant to attack without cause, chase with a weapon, or while doing anything else that is considered illegal. This only allows you the basic, fundamental human right to protect yourself in any location you are legally allowed to be while carrying. Previously Florida law required you to retreat before using deadly force on an attacker. This gave the attacker the advantage in an altercation. It also gave the attacker the ability to threaten your life without any recourse other than retreat. In other words, you, a law-abiding citizen, had to alter your behavior in the face of a criminal threat. You had to be afraid of being some place without the ability to protect yourself unless you were pursued like prey. You were required to be a coward in addition to fearing for your safety. Now you can stand your ground and meet force with force if need be. You don’t have to be afraid to be some place. And if someone attacks you and you are afraid for your life, they just picked the wrong person to end their criminal career with.

In a civil society there should be no one striking your body—even with a fist. People must be responsible for their actions. And sometimes the consequences are huge. Maybe it’s a mistake, but it’s one that should never be made by anyone other than children or a mentally handicapped person. I don’t care if you’re inebriated, have a headache, or are stone cold sober, you have no right to strike another human.

Anyone attacking or threatening anyone is a criminal. Why give criminals any additional protection? Many say that the Trayvon Martin case could have been settled as only a fist fight (a witness and police report determined that it is likely that Martin was on top of Zimmerman punching him in the face). But you are still a criminal even if you only punch someone in the face. So let’s call it like it is. If that’s the case then Martin committed a criminal act and was a criminal.

What I really don’t understand is how anti-gun liberals can live with denying law-abiding citizens with a concealed carry permit the fundamental human right to self-preservation. You don’t feel safe with us because you think that if you carry a gun you could easily end a life on a whim. And because you think that’s true of us you are afraid of people with guns. But when you actually have that power in your hands, that’s simply not the case. In fact, I’m generally more calm while carrying a gun than when I don’t have one.

But you have it in your heads that we’re just itching to shoot someone. I assure you that that’s not the case. I hope I never have to kill anyone. Anyone who legally carries a gun realizes that when you can end a life in a moment you have a huge responsibility and it’s not something you take lightly.

I know you all think that we could get angry enough to shoot someone. I know that because someone else told me that in an argument. But that argument holds no water in the face of facts. Again, you think that of us because you think that it’s possible that you would. Why just today you wanted to shoot that idiot in traffic, right? Fortunately, you couldn’t be more wrong. I’m not going to end my life in a jail cell because I was angry at someone in traffic. There’s nothing worth killing someone over unless they are trying to seriously hurt me or another person.

In short, you’re just projecting. Numbers don’t lie. Only .01% of CCW permit holders commit any sort of gun crime (which may not even include discharging a firearm). So why is it so hard for you people to trust us? We’ve proven it. And those aren’t even just the numbers for Florida. Those numbers are national. In Florida, from 1987 to 2005, 1,104,468 permits were issued. Only 157 were revoked for a gun-related crime. (WPRI study)

You also take issue when the person who is shot is unarmed. An unarmed man who is six inches taller than me has a distinct advantage in a fight, especially because I’ve only been in two in my life. The last time I was 12. They might just get a lucky punch. They might come in close and stab you with a knife you didn’t notice. You can die just from being knocked out, or from the resulting fall. Sure, one can brandish a weapon to deter an attacker but they’d also face legal action. You are taught not to draw a weapon unless it is your last resort. You are taught not to draw or point your weapon at anyone unless you intend to shoot them.

You just don’t understand the ramifications of any of this unless you go through the process to get a permit or own a gun. All you know is what you see on TV, in the movies, or read in the paper. You don’t know a thing about safety if you’ve never handled a weapon and you don’t know a thing about the laws unless you’ve actually studied them (as in a permit class). You just think you get a gun, a permit, and you have a license to kill, but it doesn’t work that way.

If you want facts, look for them. The WPRI study is an excellent piece on the matter. If you know a gun owner, especially one with a permit, talk to them. I’m sure they’d welcome the opportunity to teach someone about guns and gun safety. As with anything, get educated on the matter and keep an open mind.

Mar 31, 2012
#bullshit #guns #politics #freedom
On Driving - 01

So, as I have been doing lately, I dropped the top and took the Z for a spin just after midnight. At night it’s been a cool 71 degrees instead of the 85+ we’ve been having—though my car said 97 briefly yesterday.

Every time I’ve gone out it’s been extremely enjoyable. Well almost every time. Last time I was followed for a long distance by a state trooper on a major road that—for some STUPID reason—has a 40mph speed limit. I’ve been following the speed limit, but it’s annoying when you actually have someone behind you pacing you and it’s even more annoying when they pull up next to you to look at you—and break the speed limit to do so mind you.

On one drive I got onto I-275 and found that there was nobody on the Interstate. There was not a single soul on both sides of it and not even behind me. That never happens. It was a rare and awesome moment. And I didn’t even see anyone until I looped back through TIA and got back onto 275. That’s probably four or five miles from my house. The rest of the way I saw maybe 5 cars. It was like an apocalyptic event had happened and I didn’t know about it.

Today was different. It was leisurely like all of the other times, but I pretty much had a perfect driving day. I drove all over the place and I had no major issues. My shifts were all smooth, my starts were low RPM and clean, downshifts were perfect without major rev-match issues. It was just beautiful from leaving the driveway to parking back on it. That’s pretty good seeing as I’ve been driving manual for what, three weeks?

The moon was orange and setting just over Tampa as I drove down the interstate—often under the speed limit—and it was beautiful out. The moon was almost down over the bay as I got into the airport. I could just see it over the runway. I looped through the arrivals and departures and left the airport. This time I took Kennedy to Dale Mabry instead of 275. I got a few starts in and took Dale Mabry. Eventually I ended up on Bayshore. Bayshore is beautiful at night with no one around. Then I drove back through downtown and back onto 275 to my exit.

It’s just a beautiful drive. I’m sure I’ll get questioned at the airport one day but it’s nice because you can see out over the bay at night and take a huge corkscrew at speed. And the Z is just happy to hold steady through it. This car is just simply amazing. At some point I want to get another old Mustang, but I think my modern cars might all have to be Zs from here on out. I’m officially spoiled.

Mar 29, 2012
#350Z #Z #Cars #Driving
Trayvon Martin Shouldn't be a Martyr for Gun Control

I found this comment on a website challenging the Stand Your Ground law after the shooting of Trayvon Martin and I took offense, especially since this crap happened in my own state. I’m not up on all of the details in the case. Zimmerman allegedly chased the kid, so I don’t know if that’s true or not, but that was their general argument so I accepted that to get more of my argument across.

My reply follows this comment:

But the law as written has resulted in prosecutors having to prove, beyond a shadow of a doubt, that there was not a case of self-defense. And apparently prosecutors and police don’t care to do that.

The person claiming self-defense is apparently not required to offer any evidence of threat.

They ALWAYS have to prove it beyond a reasonable doubt. Innocent until proven guilty, remember? It’s kind of important to how our country works.

I’m 5’10”. If a 6’4” guy comes to punch me in the face and he gets a good one in I might die. I’m law-abiding and non-confrontational so it’s highly unlikely that I provoked it. So I might die, or be knocked unconscious. Then he or his crazy friend (remember that it’s an unprovoked attack) happens to see my gun and shoots me or a witness.

It is my right AND responsibility to defend myself. I can’t let any of those things happen. I’ll try talking him down, but if that fails it’s him or me and it’s not going to be me because I can’t die or allow someone else to get shot. So you might say, “well what if you just didn’t carry a gun, then it can’t be used against you.” In that case, I’d just be dead then, wouldn’t I?

Now, who, exactly, do you think you are having the audacity to want to take away my right to defend myself away? Should I die because I didn’t have a gun? Or should the guy who is attacking me for no reason? I swear the nerve of some people amazes me. You wish to deny me a FUNDAMENTAL human right?

This case is different. He followed the kid. He’s not protected by this law, so get off your high horse about which of my rights should be revoked and get angry at the police who decided not to investigate this. Justifiable shootings are investigated before being deemed so.

You wonder why we get so upset when our rights (and yours as well mind you) are challenged or why we get so happy with any NRA victory. In case you’re too dense to realize, it’s because every time an idiot does something a right we exercise every day gets challenged even when there’s no application to the law or to logic. Smaller mags doesn’t mean less shootings or less deadly shootings. I dare say I could have hit more than Lougner with a single 10 round mag. And I could have concealed and carried them more easily. Repealing this law doesn’t mean less killing. It means less justified killing which means more innocent people killed by criminals. Is that what you really want?

Mar 23, 2012
#bullshit #guns #politics #freedom
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