“Stand Your Ground” and Self Defense

With the controversy over the shooting death of Trayvon Martin and the later arrest of George Zimmerman, there has been a great deal of confusion in the media over what self defense is and how the Stand Your Ground law in Florida and many other States applies. A great deal of totally irrelevant issues are being brought into the matter which confuse something that is really pretty simple.

I am not a lawyer, but I studied Virginia’s Case Law on self defense extensively during the Ryan Frederick trial, so perhaps I can make this a bit more understandable.

Self defense is a natural right, and a legal defense of necessity.

Libertarian Running for Congress, 3rd District Virginia

James Quigley’s Biography

James Joseph Quigley was born on 1976 in Brooklyn, New York. He has been a Virginia resident since 1986, when his family moved to Midlothian, Virginia. His parents, David Edward Quigley and Ivette Quigley, both retired from the United States Postal Service of Richmond, Virginia. In 1994 he graduated from Clover Hill High School and was selected to attend the United States Air Force Academy by then 3rd District Congressman Thomas Bliley. After graduation from the academy, James was commissioned and performed tours in Afghanistan and Iraq. During Operation Enduring Freedom,

TLP General Counsel wins 2nd amendment case!

Attorney Stephen Merrill won his case representing Dan Moore against the City of Norfolk. A Norfolk police officer asked Dan Moore to leave Norfolk’s Waterside simply because he was openly carrying a pistol. Moore was arrested for trespassing for refusing.

State laws permit openly carrying firearms in public places.

Teacher suspended for posting picture of herself with gun on facebook!

http://www.wkowtv.com/Global/story.asp?S=9781795&nav=menu1362_10

Teacher suspended for posting a photo on facebook of herself with a gun “trained at the camera.”

Uhm, excuse me, say what?

OK, the Trial is Over, What are we going to do about it?

Not about Ryan Frederick’s fate, that is his attorney’s job, but this trial has left us all at far greater risk than before.

Instead of learning form the experience, the police, if their FOP leadership is typical, feel vindicated in their dangerous tactics. The precedent established by this jury’s verdict will not likely be limited to those who are involved with drugs, so everyone will be inhibited in their willingness to aggressively defend their homes. Criminals engaged in home invasions will be emboldened by the knowledge that those upon whom they prey will have to consider the risk of prosecution if they do not allow criminals to enter their homes before resisting.  So, what do we do to set things right?

NRA Loves McCain……Really?????

I say again…..really??????

 

This prompted me to do further introspection into McCain’s history when it comes to gun control. I found the history to be fairly duplicitous.

 

I am not sure is McCain has changed his mind, can’t make up his mind, or is ebbing with the political flow.

 

Does the Rule of Law Apply to Norfolk?

Last night (Oct. 7) I attended the Norfolk City Council meeting for two purposes. First, to document a proposed test case to Norfolk’s requirement that everyone entering City Hall sign in and present identification, an unlawful requirement to enter a public building, and second, to support the Virginia Citizens Defense League complaint to the Council regarding repeated harassment of citizens legally bearing arms.  The results of the effort in both instances were incredible.

What the Hell does Heller really mean?

OK, so the Supreme Court has finally ruled that the Second Amendment refers to an individual right. Well, duh, basic literacy should get one that far, but in spite of the language specifically forbidding infringement of that right, the decision goes on to list a number of permissible infringements. So, what, in practical terms, does the decision mean to us?

Ryan Frederick’s Day in Court is Ours as Well

On May 27th, Ryan Frederick is scheduled for a preliminary hearing on charges of first degree murder in the death of Det. Jarrod Shivers. We must hope this court appearance will end the wall of obfuscation and deception the Chesapeake Police have used to deny the right of citizen oversight of their actions on our behalf. Serious questions about the circumstances of Det. Shivers death remain unanswered, and Ryan Frederick’s rights, and by extension, those of every citizen, hang in the balance.

The Commonwealth’s Attorney will at last have to justify the improbable charge of Murder in the First Degree, which, even if the statements so far released by police spokesmen are taken to be the absolute truth, do not support the charge, as premeditation must be proven in First Degree Murder,

Guns and Crime

I am opening threads on firearms policy this week in parallel with the Virginian Pilot’s series on gun control to provide a forum for those with ideas that are more complex than the 750 character comment section there will allow.

There are really two classes of firearms issues, the armed citizen as a check on government power, and guns as an factor in crime and self defense.

Regarding guns and crime, I will state that when bad things happen, even the best police response takes several minutes, while the issue will be decided in seconds.