Friday, May 27, 2011

Gun Control is being able to hit your target.

When I was first getting started on this little journey of mine, one of the things that I recognised the need for was bear spray. As part of learning what I could about it so I could make an intelligent and informed decision about which one to buy, I naturally wondered what the difference was between BEAR pepper spray and DEFENSE pepper spray.

What I learned is that, essentially, there is none: both are capsicum sprays meant to deter or disable whatever they're sprayed at/on. The big difference between them seems to be primarily the container - and more specifically, how it works. Personal defense pepper spray is generally fired in a stream or narrow spray for a relatively short distance; Bear spray goes out as more of a fog and appreciably farther (keep the bear farther away).

Interestingly, both products would seem to be capable of being used in the other situation - at least, theoretically (bear spray comes in a MUCH larger cannister to compensate).

So where am I going with all this?

One of the things I found during my research is that a lot of bear spray dealers will NOT sell to anyone in New York City, Washington (DC), and other locations that have laws prohibiting the ownership/carrying/use of "defensive" pepper spray (among other potential weapons - all an extension of anti-gun sentiments).
When I learned that little detail, I got off on a tangent of why... and ultimately ended up learning about Warren v. District of Columbia, and a few others. Basically, no less that the U.S. Supreme Court (and a multitude of similar judgements) have ruled that:
(the U.S. Supreme Court ruled that local law-enforc­ement had no duty to protect individual­s, but only a general duty to enforce the laws.) South v. Maryland, 59 U.S. (How.) 396, 15 L.Ed.433
The consensus is that this means that while the police and other law enforcement have a duty and obligation to protect the public in general, any failure on their part to do so does not make them liable in a court of law (i.e. you can't sue them for not protecting you INDIVIDUALLY).

So here we are in an "interesting" situation: if you get mugged, shot, killed, raped, or experience some other Bad Thing, you are not allowed to seek redress against the police - yet places like NYC, DC, and others are telling you that you can't have anything even remotely effective to protect yourself. Wait... what?

Is it me, or is there a pretty big disconnect there: I can't EXPECT protection by the police, according to the courts, but local government is telling me I can't have anything to defend MYSELF with?

Fuck that.

I'm carrying my bear spray everywhere, and if some shitbird tries to rob me, he's getting a face full of capsicum; if law enforcement has a problem with that, then I'm perfectly willing to let a jury decide whether the government has the right to tell me I have to be a victim or not - and, hopefully, throw out an unjust statute. As Dave Barry says, I am not making this up: juries can do that, even though the courts don't like to admit it.

1 comment:

  1. Back when H was still in the service, I took a "Wives Class" about self-defense, pepper spray, etc. They gave this class at that time because several women had been assaulted while on the base. Not hurt, but who knows, you see? Anyway, the instructor for this class was authorized to license us to carry pepper spray, and to sell it to us. Everyone bought some. Then we found out the main place we wanted to carry it, on base with those long dark parking lots and all, we weren't allowed.
    But we all did.

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