Every citizen who has a firearm for self defense should cheer this decision
A Michigan Court Case Shows the Right of Armed Self-Defense Is Broader Than You Might Think
Yesterday the Michigan Court of Appeals handed down a decision in a highly public and very controversial case that gun owners across the United States should applaud. In short, it demonstrates and validates the value of armed self-defense even when you do not pull the trigger and — crucially — have no cause to pull the trigger. It justifies the brandishing of a gun as pre-emptive measure to block the use of unlawful force.
What do I mean? Hang with me for a moment, because this case is a bit complicated. At its heart is a dispute between Siwatu-Salama Ra, an African-American concealed-carry permit holder from Detroit, and a woman named Channel Harvey. Ra was put on trial for assault with a dangerous weapon and possessing a firearm while committing a felony after she brandished her unloaded pistol at Harvey during a heated confrontation outside Ra’s mother’s house.
The facts are hotly disputed, but Ra claimed that during the course of an argument, Harvey backed her car into into Ra’s vehicle — while Ra’s two-year-old daughter was inside, playing. Ra claims she grabbed her daughter out of the car, then grabbed her unloaded gun, “pointed the gun at Harvey’s car†and then again demanded that Harvey leave. Harvey testified that Ra was the aggressor, and that she hit Ra’s car on accident only after Ra pointed the gun at her. The jury apparently believed Harvey’s version of events, and Ra received a two-year prison sentence.
The case was immediately controversial, with critics of the verdict claiming that the case represented “yet another instance of a black gun owner, with the permits to legally carry, defending themselves against violence — and getting punished for it.â€
So, what happened?
Yesterday the Michigan Court of Appeals threw out her conviction. It didn’t hold that the jury got the outcome wrong but rather that it didn’t have a true opportunity to get it right. It was improperly instructed on the law, and the trial court placed too high a burden on Ra to justify her decision to brandish her weapon.
The jury was instructed only on the affirmative defense of self-defense through the use of “deadly force.†To prove that deadly force was appropriate, a defendant has to prove that she “reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.†(Emphasis added.)
Under this reasoning, a person could brandish a weapon only when she has the legal right to fire the weapon.
The court of appeals, however, said that’s not the law. When one brandishes a weapon without firing it, they don’t, in fact, use “deadly force.†They use nondeadly force, and the legal standard for the use of nondeadly force only requires the defendant to prove that she “reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.†(Emphasis added.)
Under this reasoning, a person can brandish a weapon to prevent the imminent use of force from escalating to a threat of imminent death.
Ra spent months in prison, giving birth, then having her child taken away two days later. It is important to note, as the piece later does, that this is only a Michigan case, but, it can set a proper legal foundation for any cases that arise in other states, and can be used if fought to the federal level. Of course, it also means that people can’t just whip out their firearm carelessly, nor should they, Responsibility is the key. But, if you feel your life is threatened, you should be able to pull it out to de-escalate.
Read: National Review: Michigan Court Hands Down Good Decision For Law Abiding Gun Owners »
Yesterday the Michigan Court of Appeals handed down a decision in a highly public and very controversial case that gun owners across the United States should applaud. In short, it demonstrates and validates the value of armed self-defense even when you do not pull the trigger and — crucially — have no cause to pull the trigger. It justifies the brandishing of a gun as pre-emptive measure to block the use of unlawful force.
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