Friday, December 24, 2010

Arizona Castle Doctrine explained

"Arms in the hands of citizens may be used at individual discretion... in private self-defense."
- John Adams

From her beginning territorial days up until 1997, a person in Arizona was innocent unless proven guilty beyond a reasonable doubt.

Then in 1997, through a quiet and political trick, prosecutors had the law changed in their favor so that people involved in self defense had to admit guilt before proving their own innocence by "justification," which resulted in a complex and extremely expensive legal process for the innocent.

It was a return to the Napoleonic Code, with a relatively small group of prosecutors sneaking this through our legislature without any form of public debate. It was a citizen's worst nightmare and a prosecutor's wet dream. Many of your fellow Arizonans suffered under this law, as it now made it extremely simple for prosecutors to reach a conviction.

The adaptation of the Arizona Castle Doctrine (Senate Bill 1145) reversed the laws back to be in favor of individual citizens, not prosecutors. The Castle Doctrine has 5 main points:

(1) Previously, "justification" defenses, including self-defense, were affirmative defenses. The defendant (or self-defender) had to prove them by a preponderance of the evidence (i.e., proof of "more likely true than not). Under SB 1145, if the defense presents "evidence" (quantum undefined) of justification, the prosecution must disprove justification to a "beyond a reasonable doubt" standard. This change is not limited to defense of home or car, but applies anywhere.

(2) No duty to retreat before using force to prevent certain serious offenses, including aggravated assault. Again, this applies anywhere, any place a person has a legal right to be, in the language of the law.

(3) A person is presumed to be justified in using force or deadly force if he/she reasonably believes they or another person are in imminent peril and the attacker has entered or is trying to enter a residence or occupied auto. Once again, there is no duty to retreat.

(4) A person is generally presumed to be justified in use of force if the attacker has unlawfully forced his way into residence or car or is trying to do so (with certain exceptions, such as if the person forcing in had a legal right to be in there). This means that justification is automatically presumed when a person uses physical or deadly force against an intruder. It is now the prosecutor’s job to prove there was no justification, which once again falls within our legal system’s concept of innocent until proven guilty.

(5) If the aggressor is foolish enough to sue, and the defender wins, the defender recovers attorney fees and lost income (presumably, lost while at the courthouse). This not limited to the home invasion situation.

Why is the Castle Doctrine necessary?

The Castle Doctrine comes from the idea that "A man's home is his castle", as stated in English Common Law. It establishes that an individual has an undeniable right to use any type of physical force against an attacker or intruder.

The Castle Doctrine established redundancy is to further defend the corresponding law and its original intent. Most importantly, it stops self-important fools like the 9th Circuit Court and biased judges from trying to legislate from the bench.

Oddly Enough, this was signed by the idiot Napolitano when she was Governor of this state, (Glad to see her gone and would prefer she never return to AZ, other than maybe to stand trial)

Napolitano signed several Pro-Gun laws into place while Governor and complained bitterly about the condition of the border and our ability to protect AZ and the rest of the country because of the lack of action by the federal gubberment.

Of course once she got the chance to place her lips on the scrawny ass of the anointed one, the border became safer than it has ever been and WE here in AZ have become the problem and the criminals.



Saturday, October 2, 2010

FREE Point Blank Ballistics Software

Free Ballistic software over at HuntingNut

I've only had time for a brief glace at this software, but I've learned enough so far to know where it needs some fixing and to know I would LOVE to have it as an Android App. (I don't take my laptop to the range normally)

More info or more "accurately" at their wordpress; FREE Point Blank Ballistics Software

Leave us some comments on how this works out for you, things like this are VERY useful to long range guys.

In the mean time, I know an "Android" programmer... (hint hint, Steve)


Saturday, September 25, 2010

Shooting afield, AZ style.

Well, the first thing we needed was an awning... even for this late in the year, its still a hot one in the Valley of the Sun.

We were out in the desert, north east of where we live, back along a long wash. In the past this was always a fairly quiet place for shooting, lots of natural backstops, some decent shade here and there and most of all, LOW POPULATION DENSITY. Every cave dweller on the planet (at least in this area) seems to have figured out what the 4WD button on the dash stands for and today, there they were.

We were there (among other reasons) to test my latest purchase, a High Point 40 SW-B.

Now, gun snobs will snicker at this handgun, because of its low price, (MSRP is $199, I paid $185) and because it lacks the "beauty" of say a 1911 or a nice Beretta.

I say different:

We fired about 200 rounds through it today, we fired them fast and relentlessly.

The 40SW-B performed without a flaw. I was very happy with it and more than a little impressed. For its first time on the range it performed surprisingly well. My oldest son's XDs both had problems their first couple of times out, until they "settled in". I'm hoping for continued performance from this inexpensive but well built, AMERICAN MADE, handgun.

Yes, American Made is VERY important to ME.

More info on High Point Here:

(Next purchase is a C-9 9mm for the wife as she finds the grip of the 40 just a bit to large for her hands.)

It was also my youngest son's birthday celebration with his family. Alex is not yet the shooter the rest of us are, but is quickly catching up.

My mom also came with us, we got her to take a few shots with Nichole's PK380.

We took almost 100 photos, I've posted about 35, Here: Wash Shoot, 2010-09-25
Until next time,


Sunday, September 12, 2010

Here We Go...

So what is this?

Well it's just one more web/news/blog about the 2nd amendment, gun rights and the shooting sports.

Whats different? (I hope) I'm gathering shooting enthusiasts from all over the country, who have a different take (because of local) on the shooting sports and the 2nd amendment.

I don't intend that this be just one more blog ranting about the continual attack on the second amendment, but stories of experiences at the range or just out in the woods or desert with family and friends.

Hunting stories should also be found here, (Recent ones, not a story your grand dad told you that his grand dad told him)

I have a few co-bloggers now and will be adding more as we go, to get a rounded USA feel to this.

enjoy and consider writing story or two.


Monday, September 6, 2010

Sniper! Its far to late...

This is a "Work in Concept".
As I build this site I will be looking for other bloggers to help me out with it.
2nd Amendment, Shooting Sports, Civilian Marksmanship, etc.

If its about the time honored American traditions of shooting and firearms, we will discuss it here.