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Revisiting the Right to Bear Arms after Summer 2020 Rioting DAVID BERNSTEIN Volokh Conspiracy

Doug_Nightmare

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Nov 21, 2018
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Location
Washington Island, WISCONSIN. Out in Lake Michigan
The basic theme of the article is that the inability or unwillingness (often under standdown orders from politicians) of law enforcement to protect life and property during the summer 2020 riots and looting in cities across the country undermines the claim of opponents of the right to keep and bear arms that individual firearms ownership is obsolete given the existence of modern police forces.

 

color of law

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Oct 7, 2007
Messages
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Location
Cincinnati, Ohio, USA
Maybe these guys actually need to read more supreme court cases.

You have a right to stand your ground for self-defense.

The United States Supreme Court Justice, John Marshall Harlan, in Beard stated that:
"The defendant was where he had the right to be, when the deceased advanced upon him in a threatening manner, and with a deadly weapon; and if the accused did not provoke the assault and had at the time reasonable grounds to believe and in good faith believed, that the deceased intended to take his life or do him great bodily harm, he was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground and meet any attack made upon him with a deadly weapon, in such way and with such force as, under all the circumstances, he, at the moment, honestly believed, and had reasonable grounds to believe, was necessary to save his own life or to protect himself from great bodily injury." (my emphasis)
 

Attachments

  • Beard v. United States, 158 U.S. 550, 562, 15 S. Ct. 962, 966, 39 L. Ed. 1086 (1895).pdf
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