Washington State’s self-defense statute is pretty clear, and it has stood the test of time and investigative precedent; that is, this column cannot recall a case in King, Pierce or Snohomish counties – or anywhere else in the Evergreen State in recent memory – when prosecutors have made a wrong call on a true self-defense slaying.
A while back, I collaborated with Alan Gottlieb – whose Second Amendment Foundation emerged as the victor in the recent Supreme Court ruling in McDonald v. City of Chicago – on a book we called America Fights Back: Armed Self-Defense in a Violent Age. We’ve shared bylines on some other books*, but this particular effort seems to have struck a nerve with readers. In this book, we explain why lethal self-defense is moral.
Homicide is also justifiable when committed either:(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.—RCW 9A.16.050
One of the cases we detailed was the October 2006 fatal shooting of Daniel Culotti by Kenneth Miller in the Westlake Plaza area of downtown Seattle, in broad daylight, in front of scores of witnesses. Culotti, a convicted felon with violent mental problems, was in the process of stomping and beating Miller, when the intended victim pulled his legally-carried .357 Magnum and fatally shot his attacker. It took some time, but the Seattle Police finally completed their investigation, no charges were filed and Miller apparently got his gun back.
Perhaps as a miserable testament to citizens of Seattle – the Evergreen State’s liberal enclave and a city that one observer once jokingly referred to as being ‘only 20 minutes from the United States in any direction’ – scores, perhaps hundreds of people looked on…and did nothing.—America Fights Back
What inspired this column and it’s sequel installment (read them both, there will be a test!) are some stories from around the country in which armed thugs got the worst of it where people are fed up with crime, equally fed up with the inability of “the authorities” to do anything about it, and especially weary of public officials who have done their best (or worst, depending upon one’s perspective) to interfere with the basic human right of self-defense by making it difficult if not impossible to have the tools to fight back.
The morality of self-defense has been the subject of considerable philosophical debate over the years, and there appears to be no meeting of the minds. Some oppose self-defense, particularly when it involves the defense of property, and others believe that using lethal force to protect yourself and your property is perfectly acceptable.—America Fights Back
We saw the result of this in Chicago and Mayor Richard Daley’s reaction to June’s high court ruling that effectively doomed his city’s 28-year-old handgun ban was to push the nation’s most onerous handgun control law and brag about it. Leading up to the ruling were a couple of high-profile self-defense shootings in the Windy City that justified the SAF lawsuit all-too-well. This column discussed those cases here and here.
(If you haven't already done so, visit this column and say what you think about so-called "reasonable" gun regulations.)
Recently, some other cases unfolded that have graphically explained why the right to keep and bear arms is becoming so important for citizens all over the nation. It is estimated by more than 6 million private citizens legally carry concealed handguns in this country.
Police said during the robbery, one of the teenagers fired a shot at the man they were robbing. The victim, who works for a local gun range, fired back and killed one of the suspects.
In Memphis, TN, a pair of teenage thugs made a fatal error in the victim selection process when they tried to rob a man who was legally armed. Their intended victim is employed at a local gun range, according to the Commercial Appeal newspaper and WMC-TV news. He got off five rounds, and four of them hit their targets. One teen is dead, the other wounded.
In Delray Beach, FL a man identified as Tyrone Roy Pinkney, 23, had a short career as a convenience store robber, and suffice to say he won’t be doing anymore stickups, according to the Sun-Sentinel newspaper. When he walked into a store last Saturday armed with a semiautomatic handgun, one clerk ducked for cover and another clerk came up shooting after Tyrone fired at them. Pinkney took one round to the chest.
In Inkster, MI a homeowner killed one of two home invasion robbers Sunday morning in a gunfight according to the Detroit News and WDIV news.
The homeowner, who is in his 30s, struggled with the gunman and shots were fired, police said. The homeowner returned fire, fatally shooting the robber, police said.The robber died on the homeowner's driveway. Police said the man was identified as a 32-year-old from Detroit.
Last week’s Supreme Court ruling that the Second Amendment applies to state and local governments probably will not mean much to Washington State gun owners, because of our state constitutional right to bear arms provision and court precedents on open carry and use of force in self-defense. We have no duty to retreat if attacked in a place where we have a right to be. This is all discussed in my own book, Washington State Gun Rights and Responsibilities, available at several gun shops and at the monthly Washington Arms Collectors' Puyallup gun show.
For more info: Second Amendment Foundation. Citizens Committee for the Right to Keep and
Bear Arms. National Rifle Association.
Bear Arms. National Rifle Association.
*Other books by Dave Workman and Alan Gottlieb:
These Dogs Don't Hunt: The Democrats' War on Guns
Assault on Weapons: The Campaign to Eliminate Your Guns
PLEASE FORWARD the link to this column and share with all of your chat lists and forums
More from Gun Rights Examiners
Atlanta Ed Stone | Austin Howard Nemerov | Boston Ron Bokleman | Charlotte Paul Valone | Cheyenne Anthony Bouchard | Chicago Don Gwinn | Cleveland Daniel White | DC Mike Stollenwerk | Denver Dan Bidstrup | Des Moines Sean McClanahan |Detroit Rob Reed | Fort Smith Steve D. Jones | Knoxville Liston Matthews | Los Angeles John Longenecker | Minneapolis John Pierce | National David Codrea | Seattle Dave Workman | St. Louis Kurt Hofmann | Tucson Chris Woodard
And Don’t forget to visit:
Comments
Laws or no laws people will obtain guns and will defend themselves while cops are minutes away. Unfortunately those minutes will be fatal for many Americans because they chose not to arm themselves and refuse to become murder victims at the hands of career criminals intent on not only taking wealth but innocent lives as well to prevent indentification of them as the criminals committing the crimes. I wonder how many of those dead victims wished they had at least been armed and had a chance to defend themselves when they knew without a doubt the end was coming unfairly? The sheer folly of a defenseless society where cops only arrive after the crime of murder, the victims unfair murder.
As "They" Say... An Armed Society Is A Polite Society." I work hard trying to convince more women to attend firearms training and to legally arm themselves. It IS the great equalizer, and darned good confidence booster! I'm always horrified when I hear them say "I don't need a gun! I have my boyfriend/husband/police." They need to understand that police have no legal obligation to protect them, and the police are usually at LEAST 15 minutes away from the scene. How much do they think the rapist/killer/stalker could do to them in that 15 minutes (or more!). And I ALWAYS ask them this..."Do you think any of my ex-boyfriends would pull that nonsense with me, knowing I am trained, legally armed and not afraid to use a firearm to protect myself?" Conversation over. I win. And so do they if they take the necessary steps to protect THEMSELVES. "Colt .45 --- THE GREAT EQUALIZER" (or in my case, Glock 36) I wish more women thought about this from a realistic standpoint. If they did, less victim
Dave, The link to your book is dead!
I have always held that in the case of a self defense shooting, I personally would much rather be tried by 12 than carried by 6. However here in the State of Missouri we have gotten the castle Doctrine passed that covers us eveywhere except where we may bein a public setting, let me make that a bit clearer, our castel Doctrine does not cover us under a anywhere we may be in that if we are in a public place like a parking lot or on a City Street, we can not use lethal force, however we are trying to get that phrrase added to the law "Anywhere one might be", to complete the Castel Doctrine. As I stated though given the choice of life or death I choose Life first and foremost.
Well written as always, Dave. Being a strong believer in personal responsibility I applaud each and every person who takes responsibility for their own safety. As such, I've make it my personal mission in life to introduce as many new people as I can to the world of pistol shooting. So far I have about a half dozen who are contemplating buying a gun for their own defense.
Looking forward to seeing you, and possibly TWG2A, at Willow Lake next month.
Butch:
Right you are. There's a problem with the website we're trying to fix. Hopefully we'll be back up and running shortly.
Modern technology is not nearly as reliable or easy to fix as a John M. Browning-designed pistol!
To Kelly Jarboe:
The good citizens of Missouri had better get the Castle Doctrine wording amended, and fast. Parking lots and city streets are two areas where crimes happen with frequency. What good is Castle Doctrine if you cannot use lethal force when you're walking through a parking lot, after coming out of a supermarket, or restaurant?
Most states' Castle Doctrine laws allow the use of deadly force "anywhere a person has a legal right to be".
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!