Posted on 08/26/2019 3:42:07 AM PDT by marktwain
This is the case of Siwatu-Salama Ra, who was sentenced to two years in prison after using the display of a gun to protect herself, her mother and her daughter. Ra was pregnant at the time of the event on 16 July, 2017.
The other party involved, Channell Harvey, contacted the police first, three hours before Ra did. The Detroit police assumed that Channell Harvey, the first person reporting the incident, was the victim. This is a common occurrence in law enforcement, which is why there may be a race to the phones to be the first to report an incident to the police.
Channel Harvey had recorded Ra with her phone, showing her displaying her defensive firearm. Ra had a valid Michigan concealed carry permit. Channel was reportedly on probation for felony assault in another case.
Both parties claimed the other had threatened the other. Several organizations, including the Second Amendment Foundation and the NRA, as well as several on the Left, defended Ra's use of non-deadly force.
At the trial, the judge mistakenly ruled that merely displaying a gun was the use of deadly force. That goes against common sense and several precedents.
This varies from state to state; in Arizona, it is clear merely displaying a firearm is not the same as using deadly force. In Arizona, the threat of deadly force is not the same as using deadly force.
The Michigan Court of Appeals found the legal distinction is important and has meaning.
(Excerpt) Read more at ammoland.com ...
My main takeaway from this whole debacle is that some judges are either idiots or allow their bias to affect their decisions.
That’s how I’m taking it too, this was activism by the judge. Anything to diminish the effectiveness of being able to carry a firearm. What is the point of carrying if you can’t diffuse a situation by showing, but not firing, a firearm?
The most common use of a firearm, in defense of a home, is the racking of a round in a shotgun! It is the universally understood statement, “You are in the WRONG house!”
But, racking a shotgun is NOT deadly force, in any way, shape or form!
This initial ruling was nothing but a judge attempting to thwart the 2nd Amendment - like too many judges attempt!
Yep - saw one of the shows on TV where they have videos sent in....a guy was experiencing some road rage in a backed up traffic situation. As they were stopped, he got out of his car, grabbed a metal bar and headed back to the guy he was pissed at...the guy stepped out of his car, pulled his weapon and pointed it at the guy coming at him...he stopped, dropped the bar and returned to his car.
If the guy had waited a bit longer, he could have probably legally shot the guy as he was beating on the car and maybe trying to beat on him...much better and more humane to let the perp understand he may want to cease and desist.
Why isn’t showing a fire arm free speech?
It is. The article says it is.
Wow. Residents of Michigan can open carry a handgun without a CPL license if the gun is registered to their name.
Per that judge’s logic, is any open carry a use of deadly force? wtf
The black robed tyrants on the Court of Appeals overturned that verdict due to the trial court's failure to give a proper instruction.
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