Monday, July 22, 2013

Gun Owners: Stand Your Ground! ... J. D. Longstreet

Gun Owners:  Stand Your Ground!
Tried By 12 Or Carried By Six?
A Commentary by J. D. Longstreet


"Never let a crisis go to waste."  That is not only the motto of the Obama Regime, it is also their "watchword." 

The dictionary defines watchword as:  "A word or phrase expressing a person's or group's core aim or belief."

The Obama Regime's singular dexterity in creating crises and then employing the confusion and distraction from those crises to advance their Marxist agenda is unmatched in the history of US politics. 

They don't seem to much mind what, exactly, the crisis is ... even the wholesale slaughter of little children.

Obama, still worried that Americans have guns and present a formidable obstacle to a leftist dictatorship in America, remains wed to the idea that those Americans who "cling to guns and God" must be neutralized in one way or another.

Since Congress refused to violate the US Constitution for him, he continues his search for ways, any way, he can -- at least -- reduce the perceived threat from American gun owners.

He thinks he has found one.  The "Stand Your Ground" laws in some 30 states.  If he can get the judiciary to find those laws unconstitutional, he advances his Marxist agenda.

There will be hell to pay overturning those laws in the south. 

We have an expression here in Dixie.  I'll clean it up and paraphrase it for you:  "A burglar may walk into my house, but he, sure as hell, WILL be carried out!"

We call it broadly: The Castle Law or the Castle Doctrine (Defense of Habitation Law). In some states the Castle Law extends to any legally occupied space including one's vehicle and/or one's workplace.   Simply put, it means that every man's home is his castle and he has a God-given right to protect it -- and those within it -- with whatever force may be necessary without fear of repercussions from the law. 

"Stand Your Ground" means you no longer have to turn tail, as a coward, and run from an intruder.  You no longer have the legal obligation to "retreat." You can confront him, like a man, and protect your life, the lives of others, and your possessions.  If lethal force is necessary to subdue the miscreant, then so be it.

Some years ago, a southern state with a democratic party controlled legislature took that right away from it's citizens and installed the "obligation to retreat" as state law.  It lasted only until cases began going before juries in the state and those juries flat-out refused to convict anyone brought before them for defending their homes and possessions.  One jury even refused to deliberate telling the judge, respectfully of course, that they believed the law, itself, was illegal and they would not convict anyone for breaking an illegal law.

It didn't take many months for that same state legislature to overturn their new law and reinstate the Castle Doctrine as law in the state.

Now, Obama wants to overturn the Castle Doctrine/Stand Your Ground laws in the entire country.  See, he can't take our guns, but if he can create a situation in which we gun owners cannot use them without breaking the law, he has, at least partially, attained his goal. 

It's called incrementalism -- a "little bit at a time." That's how America became a socialist nation -- a little bit at a time.

The folks at the Justice Department surely know they have a snowball's chance of bringing a successful case of violation of civil rights against Zimmerman.  In my estimation, that is only the distraction they will use while they burn the midnight oil to find a way to abolish the Castle Doctrine and Stand Your Ground Laws in the US.

Come on, folks!  The concept of a man's home as his castle dates all the way back to the time of the Roman Republic.  We Americans brought it over from England as we borrowed it from the historic English Common Law dictum that "an Englishman's home is his castle." It was established in English Common law in 1628. Originally it was meant to imply a person's absolute right to exclude anyone from his home.  Of course, the modern day version DOES have exceptions.

I found this article to be particularly interesting, as well.  Consider the following: "The American interpretation of this doctrine is largely derived from the English Common Law as it stood in the 18th century. In Book 4, Chapter 16 of William Blackstone's Commentaries on the Laws of England, he states that the laws "leave him (the inhabitant) the natural right of killing the aggressor (the burglar)" and goes on to generalize in the following words:

    And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle, and will never suffer it to be violated with immunity: agreeing herein with the sentiments of ancient Rome, as expressed in the works of Tully; quid enim sanctius, quid omni religione munitius, quam domus unusquisque civium? For this reason no doors can in general be broken open to execute any civil process; though, in criminal causes, the public safety supersedes the private. Hence also in part arises the animadversion of the law upon eaves-droppers, nusancers, and incendiaries: and to this principle it must be assigned, that a man may assemble people together lawfully without danger of raising a riot, rout, or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other case.
    —William Blackstone, Commentaries on the Laws of England

Not only was the doctrine considered to justify defense against neighbors and criminals, but any of the crown's agents who attempted to enter without a proper warrant as well. It should be noted that prohibitions of the Fourth Amendment to the United States Constitution share a common background with current castle doctrine laws."

Each state differs in the way it incorporates the castle doctrine into its laws, what premises are covered (abode only, or other places, too), what degree of retreat or non-deadly resistance is required before deadly force can be used, etc..

Here in North Carolina, the Castle Law is clear as a bell.  "North Carolina's Castle Doctrine protects people in their home, workplace or automobile. It allows a person to use defensive force, including lethal force, if they have a reasonable sense of fear of serious bodily harm in their home, workplace or car. North Carolina law does not require the person to retreat before using deadly force.

The law presumes that "a person who unlawfully and by force enters or attempts to enter a person's home, motor vehicle, or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence."

The law goes on to read, "a person is justified in the use of deadly force and does not have the duty to retreat in any place he or she has the lawful right to be if either of the following applies: he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another." SOURCE:

There are a few states with what is known as "Make My Day Laws."  "The specific conditions of the Make My Day Law are that an invader has made unlawful entry onto the property, that there is a reasonable belief the invader is or intends to commit a crime on the property, and that there is a reasonable belief the invader may use physical force himself. If these conditions are satisfied the immunity applies, and no verbal warning must be issued. Though again, it varies by jurisdiction, in most cases the presumption of innocence rests with the property owner in being justified.

Some states go even further and make it legal for such stand-your-ground laws to apply outside of one's home. Florida is one such state, where an individual may use deadly force when assailed at any location he has a right to be. As of 2010, more than 30 states in the US have some degree of Stand Your Ground Law."

Note:  These are ALL STATE LAWS passed by the people of the states.  And yet, our federal authorities are searching for a way in which the federal government can squash those laws, which reflect the will of the people of those states.  The power grasping of the Obama Regime seems to know no bounds. 

Again, the fall back of American gun owners is the 2nd Amendment.  Each time the government announces, or in anyway demonstrates their desire to infringe upon those 2nd Amendment rights, gun owners "cling" a little tighter to their weapons.  So far, the Obama Regime has been the best salesman for gun dealers in America since,  well, EVER!

As a friend reminded me recently: "The left is relentless."  They're not going away and they are not about to stop their quest for America's guns.   Going after the Castle Doctrine laws, and the Stand Your Ground laws, and the Make My Day laws is simply attacking from another direction.

Regardless of how it all plays out, in the end when one awakens at 3 AM to sounds of uninvited miscreants rummaging through his things, and he quietly takes his 50 caliber Desert Eagle from the drawer of his bedside table, the one question uppermost in his mind will continue to be:  "Is it better to be tried by 12 than carried by six?"

© J. D. Longstreet

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