Just some random quotes to which I wanted to respond (then I won't say
anymore, unless offlist - promise!):
> Statistically, is owning a gun, or owning a LBC more
> dangerous to you and your loved-one's health?
Maybe owning a LBC if your loved one owns a firearm? But seriously:
In 1970 (shortly after the first substantial gun control laws) there were
approximately 2400 accidental deaths from firearms; by 1990, the number
had dropped to around 1400 . By comparison, in 1970 there were
approximately 55,000 accidental vehicle deaths; by 1990 the number had
dropped to around 47,000. National Safety Council, _Accidental Facts_,
1992 Ed., Itasca, Il.: Author, p.32 (not broken down by LBC's). In that
twenty year period, the total population increased, the number of gun and
vehicle owners have increased, and the number of guns and vehicles
manufactured has increased. Just from a quick glance, the math (hope Ron
Soave doesn't see that word) would seem to indicate that guns are less
dangerous.
>In American law school, it is taught that protection of personal
>property alone is not worth a human life, even if the human is a
>worthless one. As much as you would like to, you can't take a baseball
>bat to someone caught in the act of keying your MG.
Since my memory is still pretty fresh on this, I feel somewhat qualified
to respond. It is the "protection of personal property *alone* " that
"is not worth a human life." However, if the threat to the property
involves a reasonable apprehension to the person, that person may well be
justified in using force, even deadly force. I recall that one is
allowed to use an appropriate measure of force to protect or retake
property, which may or may not allow deadly force. Thus, while I might
not be able to repeatedly smack upside the head a person who is keying my
MG, I may be able to threaten them with the bat, or use the bat to knock
them down. Laws change with jurisdictions, YMMV.
As to whether my property is worth another's life, I don't believe that I
am the person who should be asked: rather, the potential thief should be
asking themselves whether his or her life is worth my property. I don't
owe the thief anything; I have a right and an obligation to defend myself
and my family. I wonder at what point has the thief crossed the line:
is it when s/he's stealing something easily replaceable of low value?
Perhaps it is still OK when the object being stolen is something
non-essential, such as a TV? What if the item being stolen is an elderly
person's heart medication, which they can't afford to replace, and
without which they will die? Or perhaps the trade tools of a carpenter
or mechanic, without which s/he can't work (and thus provide for the
family) and which s/he can't afford to replace?
One lister questioned the number of times that a homeowner successfully
used a firearm to defend his or her home, wondering why it was not
reported heavily. I offer just a few observations -- (a) scaring off an
intruder is nowhere near as newsworthy as a five year old taking a gun to
school, and thus only receives local attention; or (b) sometimes the
incident simply isn't reported (overworked justice system, perhaps, or
maybe the homeowner wasn't supposed to have a gun under local law and
couldn't report the incident without getting into trouble).
Realistically, I don't think that I would harm someone over personal
property. But I believe that someone in my home, who has no business
being there, and who, when commanded, does not immediately cease being a
threat to the comfort, quiet enjoyment, and security of my home,
justifies an appropriate armed response.
On other notes, a good discussion of the origins of the 2d Amendment is
contained in _U.S. v. Emerson_, 46 F.Supp.2d 598 (1999). I can email the
text if someone wishes to read the case (approximately 15 pages).
Rich
Council Bluffs, Iowa
'74.5 RB MGB "Miss Maggie"
'79 Midget "Miss Molly"
'86 Ford Crown Victoria LTD "BarcaLounger on Wheels"
richard.arnold@juno.com or rdarnold@neonramp.com
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