Gun Owners: Stand Your Ground!
Tried By 12 Or Carried By Six?
A Commentary by J. D. Longstreet
"Never let a crisis go to waste." That is not only the motto of the Obama Regime, it is also their "watchword."
The dictionary defines watchword as: "A word or phrase expressing a person's or group's core aim or belief."
Obama Regime's singular dexterity in creating crises and then employing
the confusion and distraction from those crises to advance their
Marxist agenda is unmatched in the history of US politics.
They don't seem to much mind what, exactly, the crisis is ... even the wholesale slaughter of little children.
still worried that Americans have guns and present a formidable
obstacle to a leftist dictatorship in America, remains wed to the idea
that those Americans who "cling to guns and God" must be neutralized in one way or another.
Congress refused to violate the US Constitution for him, he continues
his search for ways, any way, he can -- at least -- reduce the perceived
threat from American gun owners.
He thinks he has found one. The "Stand Your Ground" laws in some 30 states. If he can get the judiciary to find those laws unconstitutional, he advances his Marxist agenda.
There will be hell to pay overturning those laws in the south.
We have an expression here in Dixie. I'll clean it up and paraphrase it for you: "A burglar may walk into my house, but he, sure as hell, WILL be carried out!"
We call it broadly: The Castle Law or the Castle Doctrine (Defense of Habitation Law).
In some states the Castle Law extends to any legally occupied space
including one's vehicle and/or one's workplace. Simply put, it means
that every man's home is his castle and he has a God-given right to
protect it -- and those within it -- with whatever force may be
necessary without fear of repercussions from the law.
Your Ground" means you no longer have to turn tail, as a coward, and run
from an intruder. You no longer have the legal obligation to
"retreat." You can confront him, like a man, and protect your life, the
lives of others, and your possessions. If lethal force is necessary to
subdue the miscreant, then so be it.
Some years ago, a southern
state with a democratic party controlled legislature took that right
away from it's citizens and installed the "obligation to retreat" as
state law. It lasted only until cases began going before juries in the
state and those juries flat-out refused to convict anyone brought before
them for defending their homes and possessions. One jury even refused
to deliberate telling the judge, respectfully of course, that they
believed the law, itself, was illegal and they would not convict anyone
for breaking an illegal law.
It didn't take many months for that
same state legislature to overturn their new law and reinstate the
Castle Doctrine as law in the state.
Now, Obama wants to overturn
the Castle Doctrine/Stand Your Ground laws in the entire country. See,
he can't take our guns, but if he can create a situation in which we
gun owners cannot use them without breaking the law, he has, at least
partially, attained his goal.
It's called incrementalism -- a "little bit at a time." That's how America became a socialist nation -- a little bit at a time.
folks at the Justice Department surely know they have a snowball's
chance of bringing a successful case of violation of civil rights
against Zimmerman. In my estimation, that is only the distraction they
will use while they burn the midnight oil to find a way to abolish the
Castle Doctrine and Stand Your Ground Laws in the US.
on, folks! The concept of a man's home as his castle dates all the way
back to the time of the Roman Republic. We Americans brought it over
from England as we borrowed it from the historic English Common Law
dictum that "an Englishman's home is his castle." It was established in English Common law in 1628.
Originally it was meant to imply a person's absolute right to exclude
anyone from his home. Of course, the modern day version DOES have
I found this article to be particularly interesting, as well. Consider the following: "The
American interpretation of this doctrine is largely derived from the
English Common Law as it stood in the 18th century. In Book 4, Chapter
16 of William Blackstone's Commentaries on the Laws of England, he
states that the laws "leave him (the inhabitant) the natural right of
killing the aggressor (the burglar)" and goes on to generalize in the
And the law of England has so particular and
tender a regard to the immunity of a man's house, that it stiles it his
castle, and will never suffer it to be violated with immunity: agreeing
herein with the sentiments of ancient Rome, as expressed in the works
of Tully; quid enim sanctius, quid omni religione munitius, quam domus
unusquisque civium? For this reason no doors can in general be broken
open to execute any civil process; though, in criminal causes, the
public safety supersedes the private. Hence also in part arises the
animadversion of the law upon eaves-droppers, nusancers, and
incendiaries: and to this principle it must be assigned, that a man may
assemble people together lawfully without danger of raising a riot,
rout, or unlawful assembly, in order to protect and defend his house;
which he is not permitted to do in any other case.
—William Blackstone, Commentaries on the Laws of England
only was the doctrine considered to justify defense against neighbors
and criminals, but any of the crown's agents who attempted to enter
without a proper warrant as well. It should be noted that prohibitions
of the Fourth Amendment to the United States Constitution share a common
background with current castle doctrine laws." SOURCE: http://en.wikipedia.org/wiki/Castle_doctrine
state differs in the way it incorporates the castle doctrine into its
laws, what premises are covered (abode only, or other places, too), what
degree of retreat or non-deadly resistance is required before deadly
force can be used, etc..
Here in North Carolina, the Castle Law is clear as a bell. "North
Carolina's Castle Doctrine protects people in their home, workplace or
automobile. It allows a person to use defensive force, including lethal
force, if they have a reasonable sense of fear of serious bodily harm in
their home, workplace or car. North Carolina law does not require the
person to retreat before using deadly force.
The law presumes that "a
person who unlawfully and by force enters or attempts to enter a
person's home, motor vehicle, or workplace is presumed to be doing so
with the intent to commit an unlawful act involving force or violence."
The law goes on to read, "a
person is justified in the use of deadly force and does not have the
duty to retreat in any place he or she has the lawful right to be if
either of the following applies: he or she reasonably believes that such
force is necessary to prevent imminent death or great bodily harm to
himself or herself or another." SOURCE: http://www.digtriad.com/news/article/290516/1/Explaining-North-Carolinas-Castle-Doctrine
There are a few states with what is known as "Make My Day Laws." "The
specific conditions of the Make My Day Law are that an invader has made
unlawful entry onto the property, that there is a reasonable belief the
invader is or intends to commit a crime on the property, and that there
is a reasonable belief the invader may use physical force himself. If
these conditions are satisfied the immunity applies, and no verbal
warning must be issued. Though again, it varies by jurisdiction, in most
cases the presumption of innocence rests with the property owner in
Some states go even further and make it legal
for such stand-your-ground laws to apply outside of one's home. Florida
is one such state, where an individual may use deadly force when
assailed at any location he has a right to be. As of 2010, more than 30
states in the US have some degree of Stand Your Ground Law." SOURCE: http://www.wisegeek.com/what-is-the-make-my-day-law.htm
Note: These are ALL STATE LAWS passed by the people of the states. And yet, our federal authorities
are searching for a way in which the federal government can squash
those laws, which reflect the will of the people of those states. The power grasping of the Obama Regime seems to know no bounds.
the fall back of American gun owners is the 2nd Amendment. Each time
the government announces, or in anyway demonstrates their desire to
infringe upon those 2nd Amendment rights, gun owners "cling" a little
tighter to their weapons. So far, the Obama Regime has been the best
salesman for gun dealers in America since, well, EVER!
As a friend reminded me recently: "The left is relentless." They're not going away and they are not about to stop their quest for America's guns. Going
after the Castle Doctrine laws, and the Stand Your Ground laws, and the
Make My Day laws is simply attacking from another direction.
of how it all plays out, in the end when one awakens at 3 AM to sounds
of uninvited miscreants rummaging through his things, and he quietly
takes his 50 caliber Desert Eagle from the drawer of his bedside table,
the one question uppermost in his mind will continue to be: "Is it better to be tried by 12 than carried by six?"
© J. D. Longstreet