Thursday, June 26, 2008

Self defense does not mean one can hear a noise, go outside and start shooting ...

This post at Firedoglake is absolute bunk. Not in the fact that Americans may kill Iraqi families and not in the fact that US police may raid the homes of US Citizens in the manner that we once thought more attuned to the tactics of the Gestapo. Unfortunately these events are already happening.

I cannot imagine any judge or jury accepting a claim that anyone has the right to hear something outside their house, take a gun, go outside and start shooting into the dark. That is not self defense. Random shooting without even knowing what one is shooting at is not self defense.

From what I've been reading on various law blogs is while the Supreme Court has decided the 2nd Amendment establishes a right to defend oneself with a gun (or other weapon), the ownership, possession, use etc can still be regulated as long as such regulation is not in effect an arbitrary prohibition from gun ownership. So it may still be established that felons cannot own guns, that training is required, etc. I'm sure the specifics will still vary from state to state the same as they currently do.

No comments: