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Who’ll Shoot First? How Relaxed Gun Rules Fuel a ‘Small Arms Race’ (mild barf alert)
The Crime Report ^ | March 18, 2022 | Andrea Cirpiano

Posted on 03/20/2022 7:56:57 AM PDT by DoodleBob

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To: bravo whiskey

I 40 in the middle of nowhere is tagged as Cuervo, New Mexico 88417


21 posted on 03/20/2022 9:18:24 AM PDT by CharlesOConnell (CharlesOConnell)
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To: DoodleBob

Mild barf alert? I stopped reading at ‘white supremacists’.


22 posted on 03/20/2022 9:19:34 AM PDT by ConservativeInPA (Scratch a leftist and you'll find a fascist )
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To: Last Dakotan

One day the left will perceive that the Constitution was meant for a moral people, and ask that it be repealed, because they aren’t.


23 posted on 03/20/2022 9:20:28 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: sima_yi

That’s a dangerous road to go down, for a lib. Once they do that, they’ve opened themselves up to who might be the least law-abiding subgroup in America.


24 posted on 03/20/2022 9:24:12 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: DoodleBob
The paper referenced by this blog can be found  in pdf form at SSRN (free download).

Some key tidbits:

"On November 19, 2021, Kyle Rittenhouse was acquitted of homicide charges stemming from his killing of two people—Anthony Huber and Joseph Rosenbaum—at a protest of police violence in Kenosha, Wisconsin. Rittenhouse had armed himself and traveled to the protest, purportedly to defend Kenoshans’ property against looting. The acquittal sparked substantial public outrage about the state of gun laws and about the legitimacy of the criminal justice system more generally. "

And then

"Such cases have raised public concern that certain states’ gun-use and self-defense laws effectively invite malicious individuals—including vigilantes and white supremacists —to kill with impunity."

Which one is tempted to dismiss as more lying by the usual liars, which it most certainly is.  But it's also part of the on-going attempt to use Kyle Rittenhouse's entirely lawful self defense as a) an example of some sort of "new" problem caused by "lax" gun laws, and b) an "academic" weaponization of  the case to advance today's racialized politics.  That it appears so transparently bad faith to us, doesn't mean that it won't be useful to the enemies of liberty moving across the land.

But the real "meat", I think, is here:

"...when states combine generous open carry policies, lax assaultive threat rules, and weak (or nonexistent) duties to retreat , the laws themselves create the danger. Together, such rules generate incentives for ordinary, rational individuals to issue progressively escalating threats of deadly violence for the sake of their own protection. The result is a scaled-down version of the brinksmanship that characterized midcentury nuclear strategy: a small arms race.

All practicable solutions involve breaking the cycle of escalation by imposing penalties on escalatory acts by one or more actors. Such penalties reduce actors’ access to self-defense in the short run while generating a less dangerous equilibrium for everyone in the long run."

The first complaint is the usual bleat about open carry, and one presumes, constitutional carry.  They know that they've one this one in the blue states, and have lost decisively in the red states, so this is just a pro-forma sop to their audience, and maybe a red herring to the pro 2A crowd.  But then they get serious, with their second, and possibly novel idea, about "lax assaultive threat" rules.  They are coy about this, but what they're complaining is a problem is that people might have words before things turn physical, and the problem with this, from their perspective, is that the current laws of self defense don't consider non-threat "warnings" as assaultive.  We'll get to their remedy in a bit.  Finally, they take a shot at the "duty to retreat" doctrine, which is an almost entirely court created doctrine that does much to undermine lawful self defense, and has been corrected by many state legislatures with what the left libels as "stand your ground" laws.  This assault on self defense is enjoying renewed interest with the sweeping adoption of constitutional carry, but it's not novel.

But they've opened a new vector of attack with their concept of "escalatory acts".  If adopted, this would effectively gut clear self defense defenses, such as Kyles's by replacing the ancient principle that the person who started the fight can't claim self defense, with the notion that in what would otherwise be a lawful case of self defense (as in the Kyle Rittenhouse case), the defender's spoken "escalation" prior to the start of the altercation would remove that self-defense claim.

The goal is simple: if they can't ban guns, they'll just use the legal system to put anyone who uses one for self defense in jail.  

Rust never sleeps.  We must be ever-vigilent.

25 posted on 03/20/2022 9:24:44 AM PDT by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: Last Dakotan
his killing of two people who allegedly threatened him...

Unhhh, one wound up and hit him with a skateboard, and another was in the process of pulling his pistol. And it ain't "allegedly" anymore, it was proven in a court of law.

26 posted on 03/20/2022 9:43:10 AM PDT by glorgau
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To: DoodleBob

I find it interesting the insertion of “white supremacist” into the conversation. That is just leftist word salad to subliminally or pehaps not so much acknowledge that a lot of modern day gun control disproportionately affects mostly Republican contituencies which just happen to be mostly white.

Leftist gun controllers want their enemies disarmed and for reason.


27 posted on 03/20/2022 9:55:56 AM PDT by MachIV
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To: DoodleBob

“All he had was a handgun. Why did you think that was a threat?” — Rittenhouse Prosecutor


28 posted on 03/20/2022 10:24:36 AM PDT by yefragetuwrabrumuy ("Oh bother", said Pooh as he chambered his last round.)
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To: DoodleBob

A fact-free academic paper by solid Americans Krishnamurthi and Salib.

The actual facts show an armed citizenry is safer, and crime happens where ‘control’ happens, but that won’t slow these two down.


29 posted on 03/20/2022 10:40:44 AM PDT by No.6
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To: DoodleBob
"...the Founders understood, the state may constitutionally prohibit people from carrying guns in ways that threaten public safety. And it may do so precisely because the safety benefits to those same people outweigh the safety benefits of having the gun in the first place... Our cost-benefit reading of Heller may sound too pragmatic for certain originalist- leaning scholars..."

Actually, the Founders have already performed the "cost-benefit" analysis, and included it in our Bill of Rights:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Clearly, the Founders considered the "costs" associated with a disarmed citizenry, unable to preserve the people's liberty from a despotic government, to far outweigh any imagined safety "benefit" that might result from limiting access to weapons...

30 posted on 03/20/2022 10:42:05 AM PDT by Who is John Galt? ("...mit Pulver und Blei, Die Gedanken sind frei!")
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To: DoodleBob

progressively escalating threats of deadly violence for the sake of their own protection,” the authors write.

And that’s if they are feeling like being nice.


31 posted on 03/20/2022 10:45:35 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: bravo whiskey
As we went to enter my frau pointed to the note on the door saying NO GUNS PERSUANT TO AZ CODE ###.

Even when confronted with such a sign (in Arizona), if you are carrying concealed just keep it concealed and walk on in. Most they can do if they "make" you is ask you to leave and then file a trespassing complaint if you refuse.

32 posted on 03/20/2022 10:48:43 AM PDT by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: ConservativeInPA; CodeToad
I have my own index, like the hot-crazy matrix, for mild barf alert, barf alert, hurl alert, mega barf alert, and so crazy that I don't bother posting it.

This gets mild barf alert, because it's about a bunch of academic lawyers (the equivalent of management consultants), hence mild, theorizing nonsense about the Second Amendment, hence barf alert. It's worth posting because I believe it's important to be aware of what the enemies of civilization are pushing.

If these were practicing lawyers involved in cases but speaking in generalities, it'd be a barf alert without the qualifier. If they were in an actual case, hurl alert. If it was lawyers involved in an actual case citing bogus statistics, it'd be a mega barf alert.

Your mileage may vary.

33 posted on 03/20/2022 2:07:36 PM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: CharlesOConnell

I hate tyranny, especially when done in the name my own safety, therefore, I love the tools that tyrants hate. Pen, paper, speech and guns and ammunition etc.


34 posted on 03/20/2022 2:55:29 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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To: DoodleBob

Totally agree with what you said.


35 posted on 03/20/2022 3:00:21 PM PDT by CodeToad (Arm up! They Have!)
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To: DoodleBob
Thus, if any legal rules count as “longstanding” and therefore constitutionally-permissible regulations of gun use under Heller, our proposed interventions must be among them.

A longstanding error of interpretation/application, is still a correctable error.

The NFA is such a 'longstanding error' badly in need of correcting.

36 posted on 03/20/2022 8:04:04 PM PDT by ApplegateRanch (Hey, hey, ho, ho Fidel Trudeau Has got to go!)
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To: CharlesOConnell

I was just thinking “eastern New Mexico” after seeing your previous post.

I used to do occasional field work out there.


37 posted on 03/20/2022 8:18:54 PM PDT by Disambiguator
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To: Manly Warrior

and a Good Cigarette.


38 posted on 03/20/2022 8:59:37 PM PDT by Big Red Badger (On the Other hand,,, Free Men Choose- - SLAVES OBEY)
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