Champlin Police Chief Lies About Minnesota HF 1467

As the Senate debated HF 1467 the anti-gunners brought up the usual nonsensical arguments. One of these arguments, as I’ll demonstrate, was entirely false:

“This bill provides a loophole for a defense of what I would call cold-blooded murder,” said Champlin Police Chief David Kolb of the Minnesota Chiefs of Police Association.

Kolb recounted being 10 years old and sneaking onto a neighbor’s south Minneapolis property to steal apples from a tree.

Based on the proposal, “now the property owner can use force, and even deadly force, against that 10-year-old apple thief,” Kolb said. “You can see the disconnect here with reality.”

Let me say this as nicely as I possibly can, Police Chief David Kolb is a lying sack of shit. I say this with confidence because unlike him I actually read the bill and the scenario he describes, even with the passage of this bill, is clearly illegal. Let’s look at the language:

Subd. 3. Degree of force; retreat. An individual taking defensive action pursuant to subdivision 2 may use all force and means, including deadly force, that the individual in good faith believes is required to succeed in defense. The individual may meet force with superior force when the individual’s objective is defensive; the individual is not required to retreat; and the individual may continue defensive actions against an assailant until the danger has ended.

In order to legally employ the use of deadly force one must first in good faith believe it is required in defense. One does not have good faith that deadly force is needed to prevent a child from stealing an apple. While the bill gives a person using deadly force the presumption that such force was necessary the following must be remembered:

Subd. 6. Justifiable use of force; burden of proof. In a criminal trial, when there is any evidence of justifiable use of force under this section or section 609.06, the state has the burden of proving beyond a reasonable doubt that the defendant’s actions were not justifiable.

Section 609.06 describes the legitimate scenarios in which a person can use deadly force in Minnesota, a kid stealing an apple isn’t one of them. Ignoring 609.06 we still have the fact that even the dumbest of lawyers could prove beyond a reasonable doubt that a person who shot an apple stealing child had no reasonable expectation that such force was necessary.

The fact that an anti-gunner said this statement doesn’t surprise me, the fact that a police chief said this statement demonstrates how unqualified he is. If he can’t even read the law how does anybody expect him to enforce it?

Minnesota HF 1467 Passes Senate

Good news has come down from the Minnesota Gun Owners Civil Rights Alliance (MNGOCRA), HF 1467, the Defense of Dwelling and Person Act of 2011, has passed the Senate:

Your calls and emails made a difference. Tonight, the Minnesota Senate passed the Stand Your Ground bill with a vote of 40-23.

The bill will go to a conference committee on Monday, and should be back in front of the House and Senate soon. Following that, the next challenge will be convincing Governor Dayton to sign the bill. We’ll have more on that soon.

Now we need to get the governor’s signature, something that may or may not be easy depending on how inebriated he is when we put the bill on his desk.

Why Minnesota Needs Stronger Self-Defense Laws

I was bored and needed something to write about so I went to my favorite source of inane stupidity, the Star Tribune. Let me say that I found some gold:

Those writing letters in favor of the “shoot first” bill apparently haven’t bothered to check out existing relevant law.

It is clear, in my opinion, that Minnesota statutes 609.06 and 609.065, taken together, authorize a person to use force, including deadly force, that is reasonably necessary to prevent an offense upon that person, or when assisting another.

I’m not aware of any “shoot first” bill making its way through legislature, only HF 1467 and SF 1357. My assumption is that the letter writer is referring to those bills without actually understanding them because there is no wording in either version that authorizes anything about shooting first.

Either way, being a diligent man I decided to look up the statutes being referred to by the author. First we have 609.06 titled Authorized Use of Force:

609.06 AUTHORIZED USE OF FORCE.

Subdivision 1. When authorized. Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:
(1) when used by a public officer or one assisting a public officer under the public officer’s direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against the person; or

(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger’s personal safety; or

(9) when used to restrain a person who is mentally ill or mentally defective from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person’s control, conduct, or treatment; or

(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.

Subd. 2. Deadly force used against peace officers. Deadly force may not be used against peace officers who have announced their presence and are performing official duties at a location where a person is committing a crime or an act that would be a crime if committed by an adult.

The obvious fact I wish to point out is the wording “reasonable force.” What amount of force is “reasonable?” There is no set in stone answer to that because everybody’s idea of reasonable is subjective. Whereas I find it reasonable to use deadly force to defend yourself from a mugger (because you can’t be sure mugging you is the only thing they intend to do) another person may not. As the law is currently written any use of force subjects the person using force to scrutiny and another person’s idea of what amount of force was reasonable (and remember that the person(s) judging were not there when you had to restort to force).

The use of deadly force is outlined in the second law mentioned by the author, 609.065:

609.065 JUSTIFIABLE TAKING OF LIFE.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.

Emphasis mine. 609.065 specifically states that 609.06 does not authorize the use of deadly force. Therefore the use of deadly force in all mentioned actions in 609.06 is prohibited except “when necessary in resisting or preventing an offense which an actor reasonably believes exposes the actor or another to great bodily harm or death…” Once again the wording of this law is the part that can bite you in a self-defense case. Is deadly force necessary in resisting an assailant? That really depends on who you ask and whether or not the person you ask can come up with methods in which deadly force could have been avoided. If you’re being mugged and you shoot the mugger was violence necessary? Could you have simply surrendered your belongings? Some people would say yes, while others would say there is no way of knowing.

The self-defense bills in the legislature are written to eliminate these subjective statements and give those involved in self-defense cases the benefit of the doubt. Namely the bill removes the argument that a person involved in a self-defense case could have retreated by eliminating their duty to retreat:

Subd. 3. Degree of force; retreat. An individual taking defensive action pursuant to subdivision 2 may use all force and means, including deadly force, that the individual in good faith believes is required to succeed in defense. The individual may meet force with superior force when the individual’s objective is defensive; the individual is not required to retreat; and the individual may continue defensive actions against an assailant until the danger has ended.

If a person no longer has a duty to retreat they can no longer be prosecuted for using deadly force if a third party could perceive a method in which the defender could have fled. Remember that those judging your actions and determining whether or not your use of force was “reasonable” weren’t there, they didn’t witness or take part, and they have no firsthand knowledge of what went down. Hindsight is 20/20 and it is possible that an outside looking at the situation after the fact could conjure up an avenue of retreat the defend did not notice. If somebody attacks you the benefit of the doubt should be on your side and you should have a legal right to take any means to ensure the preservation of your life. In a self-defense case the defender is not the initiator of violence and thus should not be judged as the criminal.

Not written into these statutes is the requirement to first “retreat” from a confrontation if it is reasonable and safe to do so. Importantly, the requirement to retreat does not apply in one’s home.

People need to understand that Americans inherited a great deal of common law, which is where the duty to retreat originates from. If the author of this letter actually read either HF 1467 or SF 1357 he would know this:

relating to firearms; clarifying and delimiting the authority of public officials to disarm individuals at any time; clarifying law on use of force in defense of home and person; codifying and extending Minnesota’s self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self-defense outside the home;

Emphasis mine. Both bills specifically state that they eliminate the common law duty to retreat; it does not make any claim of repealing a supposed duty to retreat statute currently on the books. You don’t even have to be a lawyer to figure this out, you need only open Google and search for “common law duty retreat.”

The author is correct that the duty to retreat doesn’t apply to one’s home. This was decided by the Minnesota Supreme Court:

A duty to retreat does not attach to defense of dwelling claims. So long as a person claiming defense of dwelling meets all of the criteria for making his or her claim – that the killing was done in the belief that it was necessary to prevent the commission of a felony in the dwelling, that the person’s judgment as to the gravity of the situation was reasonable under the circumstances, and that the person’s election to defend his or her dwelling was such as a reasonable person would have made in light of the danger to be apprehended – the person need not have attempted to retreat from his or her home.

Of course the failure here is, once again, the author’s lack of actually reading either self-defense bill (or, if he did read them, a lack of comprehension). Let’s look at the language in HF 1467 and SF 1357:

expanding the boundaries of dwelling for purposes of self-defense;

[…]

(d) “Dwelling” means a building defined under section 609.556, subdivision 3, an overnight stopping accommodation of any kind, or a place of abode, that an individual temporarily or permanently is occupying or intending to occupy as a habitation or home. A dwelling includes, but is not limited to, a building or conveyance and that building’s or conveyance’s curtilage and any attached or adjacent deck, porch, appurtenance, or other structure, whether the building or conveyance is used temporarily or permanently for these purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent, or the equivalent.

Both bills expand the definition of dwelling to include things like camping tends, automobiles, etc. In other words you will enjoy the same protections in your car as you would in your home.

Minnesota’s self-defense laws have worked very well for a long time. No one is in prison for acting reasonably in defense of one’s self or home. There have been several cases in recent years of the use of deadly force by a person in defense of their home, and the defenders were not charged with any crime.

The bill proposed by Rep. Tony Cornish would seriously alter long-accepted standards of reasonableness, to the detriment of our citizens and the safety of law enforcement officers.

Actually the bills add clarification to a currently subjective scenario. Instead of leaving the just use of force open to interpretation it more strongly clarifies when force can legally be used. As I stated before “reasonable” is a subjective and as much subjectivity as possible should be removed from law.

Our legislators would better serve if they paid heed to the positions of Minnesota’s Police Chiefs, rank-and-file law enforcement officers and our state’s County Attorney’s Association, all of which adamantly oppose this bill.

JERRY DHENNIN, COON RAPIDS

Why would they be better served?

Minnesota HF 1467 Being Heard Tomorrow

Just a heads up, HF 1467, the Minnesota self-defense bill, is being heard in the Minnesota Senate tomorrow. The bill already passed the House last year so once it’s through the Senate is merely needs to get Dayton’s signature (some people are doubting he’ll sign it but he’s an alcoholic so we only need to wait until he’s drunk before slipping it onto his desk) and Minnesota will have some much needed improvements to our self-defense laws.

Klobuchar Brings More Legislation that Ignores True Problems

Amy Klobuchar, one of the two idiot clowns elected to be senators in Minnesota, is presenting an amendment to a transportation bill that will supposedly address the shortage of medicinal drugs in the United States:

The recent shortage of a critical medicine for childhood cancer has prompted Senator Amy Klobuchar to attach her bill on drug shortages to transportation legislation under discussion in the Senate, the lawmaker said on Tuesday.

Klobuchar, a Minnesota Democrat, along with Robert Casey, a Democrat from Pennsylvania, introduced a bill that would force drug companies to tell the Food and Drug Administration about looming shortages. The FDA said early notification helped it to prevent 99 shortages in 2011.

This legislation fails to address the actual problem. An interesting fact I came across in a previous, but related, post was the fact that the Drug Enforcement Agency (DEA) put quotes on the amount of drugs pharmaceutical companies can produce. I did some looking around and came across a Department of Justice (DoJ) report [PDF] that flat out stated this fact:

DEA limits the quantity of Schedule I and II controlled substances which may be produced in the United States in any given calendar year. By utilizing available data on sales and inventories of these controlled substances, and taking into account estimates of drug usage provided by the FDA, the DEA establishes annual aggregate production quotas for Schedule I and II controlled substances. The aggregate production quota is allocated among the various manufacturers who are registered to manufacture the specific drug. DEA also allocates the amount of bulk drug which may be procured by those companies which prepare the drug into dosage units.

Klobuchar is forcing pharmaceutical companies to report shortages to the Food and Drug Administration (FDA) who will, I guess, report the shortage to the DEA who will raise it’s production limit. A simpler solution that would take care of this entire mess in one fell swoop would be to remove the DEA’s quotes on drug production. Instead of attacking the actual problem, the DEA’s power to create artificial shortages, Klobuchar has decided to put more burden on manufacturers.

The war on drugs has far wider implications than illegal drugs. Along with trying to control verboten drugs the DEA also attempts to control legal drugs and part of their scheme involves restricting the quantities that can be produced by pharmaceutical companies. These restrictions are responsible for shortages of other medical drugs yet the government refuses to attack the actual problem, instead they pile more bureaucracy on top of the already thickly layer bureaucracy. It’s not turtles all the way down, it’s bureaucracy all the way down.

Of course Klobuchar is going to be cheered on as a proponent of the people for this amendment because the average American doesn’t understand or care about the actual causes of problems.

Caucus Results

I’m sure you’ve all read the news that Santorum won the Minnesota straw poll. While I feel a great deal of shame for my state selecting a raging homophone war monger as their current Republican choice I’m glad to report my precinct didn’t follow suit.

Ron Paul swept my precinct in both the straw poll (Ron Paul came in first with 16 votes, Santorum came in second with 11 votes, Romney made third with 10 votes, and Gingrich came in dead last with 1 vote) and delegates. The important part of this race are the delegates and the Ron Paul campaign has demonstrated great organizational ability when it comes to getting them.

Minnesota Omnibus Gun Rights Legislation is Back

I’m back in Minnesota and thus can begin posting time relevant information again. My arrival in Minnesota greeted me with some good news, last year’s omnibus gun rights legislation is back:

Last year, GOCRA worked with Minnesota legislators to introduce the Defense of Dwelling and Person Act, a sweeping set of legislation that would fundamentally rebalance Minnesota law to protect and support the rights of law-abiding citizens.

While the House bill, HF1467 passed a vote, SF1357 was tabled in order to delay a vote for one year. That year is up and the omnibus gun rights legislation is back and ready for action.

Minnesota Police Moving to Legalize Illegal Searches

While the police state is most prominent in states like New York and California it has slowly been making its way to Minnesota since, at least, the Republic National Convention that took place in St. Paul in 2008. Now the enforcement arm of the state is demanding that they be given the authority to perform warrantless searching of Minnesota citizens:

Law enforcement officials plan to ask the Legislature this year for the right to collect intelligence information on citizens without having to publicly disclose who they are monitoring or why.

It’s a proposal that drew sharp warnings and concerns from public records and transparency advocates at a meeting today where a variety of changes to state public data laws were discussed.

The head of the Minnesota Chiefs of Police Association, Dave Pecchia, said the proposal to collect intelligence information on suspected terrorists, gang members or other suspected criminals is essential to ensure public safety to citizens in Minnesota. He said Minnesota is one of two states that doesn’t have that classification of data and it hinders the ability to share information with law enforcement officials in other states.

What’s interesting is the fact the Minnesota Chiefs of Police Association aren’t just demanding this power to spy on “terrorists” but also gang members and “other suspect criminals.” In other words every dissident group is going to find itself subject to Stasi-esque searches. I wonder when they will start asking for the power to indefinitely detain Minnesotans without charges?

You know what? New Hampshire is sounding better every day.

Bachmann Exits Presidential Race

Some good news managed to come from Iowa, Michelle Bachmann is dropping out of the race:

Michele Bachmann Wednesday morning announced in Iowa that she would suspend her presidential campaign after a disastrous finish in the first in the nation caucus voting Tuesday, the Associated Press reported in advance of a 10 am press conference.

That’s one less war monger in the race. On one hand I’m glad to see her drop out of the race but on the other hand it’s kind of sad. Bachmann was well aware of her position and was acting like a cornered animal by lashing out at every other candidate. Her commentary made for great entertainment during debates and her status as mostly harmless (in other words she didn’t have a chance in hell of winning) made me OK with her staying in the race.

Unfortunately this news means she’s coming back to Minnesota and it’s possible she’ll run for Congress again meaning we’ll still be dealing with her crazy shit.

A Real American Badass

More people should be like this man:

A 77-year-old Minneapolis man was determined to fight off four armed robbers recently. He was so determined that he fended off the criminals with a sledgehammer.

[…]

“I grabbed this sledge but he didn’t know I grabbed it because I acted like I was going into my pocket. I slipped it over I turned it around and I knocked the gun out of his hand,” Krier said.

He said he used his combat training from 1958 to fend off the attackers. Krier said the sledge hammer hit the robber in the hand.

“The gun went in the alley and the guy hollered,” said Krier.

Krier then chased the men.

“Then I grabbed another sledge and I went out the door and they ran out the alley,” Krier said.

One 77 year-old man fending off four men with a sledge hammer is nothing but pure badass. I’m proud of the fact that men like this live in my state.