Standards (Part V – Know the Rules)
Deputies: Homeowner arrested after fatally shooting intruder in shower
The man went inside and confronted another man he found in his shower, deputies said. The homeowner left after the two exchanged words.
‘He returned home, retrieved a firearm, came back over to the residence and fired multiple rounds into the shower … killing the intruder,’ said Mason County Sheriff’s Lt. Travis Adams.
The homeowner called 911 and told dispatchers that he had just shot and killed an intruder, Adams said.
It’s not clear how long [the intruder] had been inside the home, but detectives don’t believe the homeowner gave him any warnings before he fired his gun, they said.
Deputies later arrested the homeowner for second-degree murder. They believe he had ample time to call for help when he went back home.
The odds are that the shooter will spend a significant portion of the rest of his life in prison. This is a Negative Outcome. It’s a clear example of how foolish the “I’ll shoot anyone I find in my house” ideology is.
I’ll shoot anyone I find in my house.
When I posted the link to the story on my Facebook page, one person replied that he SHOULD have been allowed to kill the intruder. My response was: “No, adjusting our response to the context of the situation is what keeps us from being savages.” Usually, it makes me cringe when news stories refer to someone being ‘gunned down’ but in this case, I think it would be appropriate. What the shooter did was a savage act of unnecessary lethal violence. It wasn’t motivated by fear for his safety or the safety of his loved ones; rather, it was a senseless expression of emotional outrage. We shoot people only when we have to not because we want to.
Another person commented that it was his property and the intruder had committed the offense of breaking and entering. The question was why wasn’t this a Castle Doctrine case. The Castle Doctrine is not an absolute defense. Reasonableness of your response will almost always be applied as a test of the response’s legality. Gunning someone down while they’re taking a shower isn’t likely to be viewed as ‘reasonable.’ As Massad Ayoob put it in the linked article:
Yes, your home is that castle. However, that doesn’t mean you’re allowed to install an execution chamber.
The number of people who own firearms or other deadly weapons and yet haven’t the slightest clue about the legal ramifications of their use is astounding. Know the Rules needs to be a standard of our conduct just as much as the physical ability to use the weapon. What you might think the rules are or should be is irrelevant. The actual rules are all that are important.
It used to be that reliable information about the legalities of personal protection was hard to come by. Not anymore. There are numerous readily available sources of information about the law. Without leaving the comfort of your home, several good sources are available.
- What Every Gun Owner Needs to Know About Self-Defense Law (free download)
- Deadly Force: Understanding Your Right to Self Defense
- The Law of Self Defense: The Indispensable Guide to the Armed Citizen
- Law Of Self Defense online course
For the lack of reading and understanding a book, the Washington shooter will pay dearly. His legal fees for the trial will most likely cost him everything he owns and he’ll still probably go to prison.
I recently attended the Law Of Self Defense Level I and II classes. They were an excellent legal education resource, tailored specifically to the State I live in, Georgia. The law does not necessarily make sense nor does it have anything to do with what you think it should be. The cost of such training is minor compared to the cost of a trial or even just being arrested on a charge that is later dropped. The optional simulator exercise at the end of the day was also a sobering demonstration of how poorly unpracticed people tend to shoot under stress. LOSD classes are available all over the country and are specifically tailored to the laws of the State they are given in.
A benefit of membership in the Armed Citizens’ Legal Defense Network is the training DVDs provided with membership. Once again, you can learn a great deal about the appropriate and inappropriate uses of forces without having to leave your living room.
Don’t guess, don’t listen to the foolishness you read on Internet Forums, and don’t make decisions based on what you think the rules SHOULD be. Invest at least a little of your resources and find out what the rules really are. It’s true that most situations are fairly cut and dried and work out legally for the defender. The issue is that when things go bad, they tend to go really badly. The rest of your life can easily be at stake. Very few of us would look forward to spending decades in the can (prison) without a Man Lock by McGard.
Also, if you’ve taken a State CCW class, the one hour briefing when your eyes glazed over doesn’t count as any kind of meaningful legal education. Don’t confuse that with education that actually teaches you how to apply the law to your personal situation.
Fair disclaimer: I was a guest of LOSD for the classes and didn’t have to pay for them. However, no promotional consideration for my recommendation was offered nor accepted by me.
Endnote: The intruder in Washington was probably a confused drunk. That’s not going to go over well for the shooter, either.
How many rounds to carry?
That question came up on a Facebook group I’m a member of recently. In response, I referenced my Armed Citizen database. The question was asked about my methodology, which is a fair question. I’ll address it my forthcoming eBook about the Armed Citizen but I want to first post the Introduction, which addresses the journey I have made about the Armed Citizen and my analyses thereof.
This book is the result of the overlap of several very widely different topics and experiences. As is often the case, as more information comes to light over time, perceptions can change.
During my time in the Army, I held several different intelligence (S2) positions. These largely involved information collection and analysis duties, not ‘spyguy’ stuff. The purpose of Intelligence in the military and government is always to facilitate decision-making. Having to provide and defend a cogent analysis of not only the information collected but the conclusions I drew from it was a formative experience for me. Information collection was only the beginning. From there, it had to be processed and turned into a usable product that decisions could be based on.
As I wound down my military career and entered the civilian world, I got into the commercial real estate business. As a Research Director for several different real estate firms, my S2 training and manuals were very useful to me. At the same time, the transition from mini-computer (Wang) to PCs in the business world was beginning. My boss was an extremely astute businessman and recognized the value of databasing information early on. Being able to construct my own databases allowed me to do several projects that were particularly influential in the way I looked at information.
One of the projects was to database the contacts that the brokers in our office used to develop business. Our firm’s business model was territorial with each broker having an assigned property type and area. To see how well this worked, my boss had me collect each broker’s contacts by Zip Code and create a map of where the contacts were in relation to the broker’s chosen territory. This process was very similar to the Intelligence Preparation of the Battlefield (now Battlespace) products I had prepared in the Army. The results were surprising to everyone involved. In almost no case were the majority of the broker’s contacts in his or her territory. Some were nearby, which was understandable, but in many cases, they were widely scattered and even far away. The brokers themselves couldn’t believe it until I showed them the actual maps.
What this showed me was how inaccurate conclusions based on data that isn’t properly disaggregated can be. Their information was written down in their Rolodexes with every contact date annotated. That system told them very well what the level of their contact activity was. What it didn’t provide was much information about how well they were following their business plan. Aggregating the data and then disaggregating it by location instead of contact name and date told a much different story.
Another database I had to create was of proposed and completed deals. Creating this database gave me a much better insight into the numerous factors that make up a transaction. Proposed rental rate, length of term, size of the space, etc. were all captured when the brokers proposed a transaction. Eventually we would enter whether the deal closed or died. That database gave our company a firm understanding of what the market was actually doing across the city and in the various submarkets. Instead of speculation about what actual rental rates and terms were, we had a very clear picture.
Training I took impacted my thoughts also. I took Massad Ayoob’s Lethal Force Institute I in 1991. Having a measured and structured component to training was an eye-opening experience. Similarly, when I started training with John Farnam of Defense Training International, I got a lot of good information, both formal and informal. John was kind enough to give me a copy of W. French Anderson’s book about the FBI Miami Massacre. The book provided a superlative example of an in depth analysis of an armed conflict.
The next leg of my experiences developed when I started shooting IDPA in 1998 and then started an IDPA club. A number of Match Directors and I were discussing how to develop stages every month for our matches. Stage development is a constant pressure for any Match Director to keep the matches fresh and interesting. Someone suggested that The Armed Citizen column of NRA’s American Rifleman magazine might be a good place to start. I had been tearing the columns out of the magazine for years but never paid close attention to them. So I dug them out and looked through them in greater detail. My response to the other MDs was that almost all of the incidents were less than five shots and a lot were only one or two. Many of them had no shooting in them at all. The general consensus was the round count wasn’t high enough and the situations weren’t complicated enough to make interesting scenario stages.
My conclusion was different though, so I started designing what I called Armed Citizen Scenarios for my matches. There were several ways to adapt the incidents into stages. One way was to put multiple strings into a stage. For instance, if a Citizen was wounded in the arm in an attack, I would have one string shot with both hands and a second string shot with the Dominant Hand Only. Or, when only one shot was fired at one criminal in the actual incident, I would specify a failure drill (two shots to the body and one to the head) on all the targets.
The Armed Citizen topic interested me enough to create a database all 482 of the incidents from the column for the period 1997-2001. The incidents were remarkably devoid of ‘ninjas coming from the ceiling’ and ‘face eating meth-heads.’ As I had done with the deal database, I broke out as many different characteristics (at home, in a business, number of shots fired, etc.) as I could. With the database populated, I ran a series of pivot tables and produced a short study of what the characteristics and outcomes of the incidents were. Although there were methodological issues with it, fifteen years later, it remains the only study of its type I am aware of. Like a vampire that won’t die, it continues to be widely referenced and reproduced on the Internet.
One of the criticisms of my 1997-2001 study was that the NRA ‘cherry-picks’ the incidents to portray the actions of Armed Citizens in the most favorable light. Although the nature of what the Citizens might have done wrong was never really specified, I accept that as a valid critique. Only Positive Outcomes are reported in the Armed Citizen.
Flash forward more than a decade to the 2014 Rangemaster Tactical Conference, where I am an annual presenter. My colleague Craig Douglas threw down a challenge to me. “You should do a presentation on ‘Bad Shootings’ next year.” It was a virgin topic and gave me an opportunity to counteract the ‘cherry-picking’ aspect of the Armed Citizen. I accepted the challenge and casually started gathering information.
Be careful of what you wish for. The broad array of what I came to call Negative Outcomes really surprised me. The categories I broke them out into are:
- Chasing after the end of a confrontation
- Downrange failures (shot an innocent while shooting at a threat)
- Intervention (Proverbs 26:17)
- Lost/stolen guns
- Mistaken identity shootings
- Negligent discharges, including self-inflicted gunshot wounds and Unintentional shootings
- Police Involvement, e.g., getting needlessly arrested
- Poor judgement
- Unauthorized access (generally by small children)
- Unjustifiable shootings, including warning shots
The categories are far from being the lurid list of ‘gunfights lost’ that those who objected to the 1997-2001 study probably expected. Rather than being tactical failures, most are simply the result of poor gunhandling, lack of familiarity with the law, or out and out carelessness and negligence. My list of such incidents is shockingly long. The only really noticeable category of tactical failures was what my colleague Tom Givens calls ‘forfeits,’ i.e., not having your gun when you need it.
- There is a process to data collection and analysis.
- Information that isn’t written down and then analyzed in written form is prone to error. The human mind has a remarkable capacity for memory but that capacity can be disorderly and easily misinterpreted.
- Defensive Gun Uses by Armed Citizens tend to be uncomplicated affairs.
- Defensive Gun Uses have discrete characteristics that can be broken out for broad analysis.
- Negative Outcomes rarely consist of ‘gunfights lost’ but more often are negligence related Unintentional Shootings and Unjustifiable Use of Weapons. The exception to that rule being not having a gun when it’s needed.
You must be logged in to post a comment.