tag:www.thedonovan.com,2012://1/tag:www.thedonovan.com,2009://1.11478- 2012-03-24T15:11:53Z Comments for Doing some catch up... We're the Military and Airpower Guys of Jonah Goldberg of National Review Online + a stray we found wandering around looking lost. All original material JHD, BHD, JR, WT, and KA 2003-2010 Movable Type 4.12 tag:www.thedonovan.com,2009://1.11478 2009-10-26T12:27:21Z 2009-10-26T16:15:42Z Doing some catch up... The Armorer http://www.thedonovan.com incorporating under Kansas law* getting married, and SWWBO and I had +1 for the weekend while PSSO had a very short honeymoon free from the attention-sucking food processor bundle of joy that is Miles.  Miles (+1) likes the beard.  Hmmm.  I have to come up with new acronyms now that Prodigal Son and his Significant Other have merged.

Last Saturday found 1SG Keith celebrating a natal anniversary, and despite being warned by the Adjutant, I spaced it.  Happy One More Year Not At Room Temp, Top!  At this point, Natal Days are things to be ignored, not that AARP will let you.

Now, here's an interesting fillip to Kansas law regarding the Castle Doctrine (which we here are clearly interested in).  The statute reads:

(a) A per­son is jus­ti­fied in the use of force against another when and to the extent it appears to such per­son and such per­son rea­son­ably believes that such force is nec­es­sary to defend such per­son or a third per­son against such other’s immi­nent use of unlaw­ful force.

(b) A per­son is jus­ti­fied in the use of deadly force under cir­cum­stances described in sub­sec­tion (a) if such per­son rea­son­ably believes deadly force is nec­es­sary to pre­vent immi­nent death or great bod­ily harm to such per­son or a third person.

(c) Noth­ing in this sec­tion shall require a per­son to retreat if such per­son is using force to pro­tect such per­son or a third person.
 
Got that? I can shoot you, beat you down, kick your testicles so that they pop out of your ears if I believe you are about to hurt me or mine, and I've no obligation to waddle away as best I can should an exit be available.

Guess what I *can't* do?

I can shoot you, but I can't *threaten* to shoot you... unless I follow through and... shoot you.  If you back down after I threaten you (i.e. the theory of deterrence *works*), the state can come after me for threatening you.

Got that? 

If I threaten to shoot you, and it works - then I can't mount a "self-defense" defense.  I leave you bleeding out in the gutter, I'm cool.  The Kansas Supreme Court says so.  Call it the "Politeness Clause" to the Castle Doctrine.

Sounds stupid (and in a sense, it is) but it turns out - words matter.  To make fuller sense of this, you need to read the opinion (including the dissent).

The utility of this exercise isn't mocking the pusillanimous nature of the majority opinion (especially if you are a believer in strict constructionism) but rather as a warning about the huge freaking omnibus bills the Federal legislature is becoming so fond of - words matter.  One would hope that the drafters read them all...  It's those subordinate and conditional clauses that are going to trip you up.

This is a relatively simple thing in comparison to, say, the health care bill.

H/t, SWWBO and the Volokh Conspiracy.

*And you thought I was kidding.  H/t, JimC
]]> tag:www.thedonovan.com,2009://1.11478-comment:94772 Comment from threadbndr on 2009-10-27 threadbndr
In my CCW class, the POINT of being an armed citizen is to get the goblin to cease and desist, NOT to ventilate him/her (except as a last resort).  

One can't hold the goblin at gunpoint - that's kidnapping.  (which I also don't get).  Now I can't threaten someone who is threatening ME????

threads wants to immigrate - but to WHERE????]]> 2009-10-27T15:04:19Z 2009-10-27T15:04:19Z tag:www.thedonovan.com,2009://1.11478-comment:94768 Comment from John of Argghhh! on 2009-10-27 John of Argghhh! http://www.thedonovan.com
[wanders off grumbling into beard]]]> 2009-10-27T12:05:21Z 2009-10-27T12:05:21Z tag:www.thedonovan.com,2009://1.11478-comment:94767 Comment from Attila on 2009-10-27 Attila http://www.thedonovan.com
"Why did you shoot him 12 times?"

"The clip only holds 12 rounds."  

I like that.
]]> 2009-10-27T10:27:06Z 2009-10-27T10:27:06Z tag:www.thedonovan.com,2009://1.11478-comment:94761 Comment from Fishmugger on 2009-10-26 Fishmugger I vote for Olga. 2009-10-26T18:03:18Z 2009-10-26T18:03:18Z tag:www.thedonovan.com,2009://1.11478-comment:94758 Comment from Blake Kirk on 2009-10-26 Blake Kirk
Since the majority of our elected officials are lawyers, and as lawyers, they know that words matter, I believe such "not reading" is done on purpose...

In my experience, laywers become politicians because they are 1) too stupid, or 2) too lazy, to make a living practicing law,  That having been said, I agree with the philosopher who opined:  "Never attribute to malice that which can be adequately explained by stupidity."

"The Legislature is again in session, and no man's life, property, or wife is safe," - unknown 19th Century Texas humorist]]> 2009-10-26T17:06:45Z 2009-10-26T17:06:45Z tag:www.thedonovan.com,2009://1.11478-comment:94757 Comment from BillT on 2009-10-26 BillT http://www.thedonovan.com I can shoot you, but I can't *threaten* to shoot you...

Ah, yaaaas. The old, "Halt, or *BLAM!* I'll shoot" trick...

]]> 2009-10-26T17:05:05Z 2009-10-26T17:05:05Z tag:www.thedonovan.com,2009://1.11478-comment:94756 Comment from olga on 2009-10-26 olga 2009-10-26T15:42:34Z 2009-10-26T15:42:34Z tag:www.thedonovan.com,2009://1.11478-comment:94753 Comment from John of Argghhh! on 2009-10-26 John of Argghhh! http://www.thedonovan.com 2009-10-26T14:16:45Z 2009-10-26T14:16:45Z tag:www.thedonovan.com,2009://1.11478-comment:94751 Comment from JimmyDean on 2009-10-26 JimmyDean ]]> 2009-10-26T14:10:03Z 2009-10-26T14:10:03Z