Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By The Pirate's Cove (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

National Review: Michigan Court Hands Down Good Decision For Law Abiding Gun Owners

% of readers think this story is Fact. Add your two cents.


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.”

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.


Source: https://www.thepiratescove.us/2019/08/22/national-review-michigan-court-hands-down-good-decision-for-law-abiding-gun-owners/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover -  Reduces Smart Meter radiation by 96%! (See Video).

Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.