Dial 911 and die

December 11, 8:10 AMGun Rights ExaminerDavid Codrea

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©1999 by Richard W. Stevens

We've been focusing on gun "buybacks" lately because of the ones they held in Cleveland and Akron. While part of me says anyone oblivious enough to turn in a defense tool for a gift card has made their choice, another part wishes I could give them a copy of a book that's been part of my collection for over nine years, and is just as relevant today as when I first got it: "Dial 911 and Die."

Written by attorney Richard W. Stevens based on an idea by JPFO's Aaron Zelman, the book illustrates a simple truth, codified in state laws across the land. Per Stevens:

The government owes no duty to protect individuals from criminal attack.

That means if they fail to do so, they incur no liability. They escape it in two ways, Stevens tells us: Through immunity and through a "no duty" rule. In other words, crime victims cannot sue the police for failing to protect them unless a specific "special relationship" is found by a court--instances such as when the citizen is a witness, a court has ordered their protection, specific promises were made...but even then we're assuming the victim will be able to seek damages. That won't do you any good if you've been damaged to death.

Stevens goes on to give examples from all of the states, summarizing their legal position and providing real life examples of people who relied on the police for protection they didn't get.

The inarguable conclusion, of course, is if the state can't and won't protect you, you need to be able to protect yourself.

Buy this book.

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Ask for it in writing

Stevens' book gives me an idea.

I wonder how many "buyback" gift card recipients would be willing to complete the transaction if they first presented the cops doing the collecting with a simple card and asked them to sign it? The text would go something like this:

GUN SURRENDER PROTECTION CONTRACT

The [Name of Law Enforcement Agency] agrees that a special relationship exists between our department and [Name of Individual Surrendering Firearm] by virtue of his/her turning in a working firearm to us. Because we have encouraged him/her to be personally defenseless, we hereby agree to assume responsibility for his/her personal safety and protection, and admit liability should we fail in this duty.

[Signature/Title/Date]

I'd like to print a bunch of these up on 3 X 5 cards and hand them out to people before they turn in their guns, and urge them to ask the police to sign the card before handing over their weapons. I'd love to see the face of the officer receiving one and hear the ensuing conversation.

I wonder what the police would do if their refusal to sign caused the citizen to change their mind? I wonder if they'd just let people walk away with the gun they brought in spite of the "no questions asked" promise?

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Today's "must reads"

The first comes from Buckeye Firearms Association. Chairman Jim Irvine gives us an eyewitness account of the mayors conference we've been talking about in the Gun Rights Examiner column.

Daniel White of Ohioans for Concealed Carry shows us the dangers of making restaurants that serve alcohol "No Guns" zones, and makes the case for changing the law.