Realistic Self-Defense and the Armed Citizen, Part I
Realistic
Self-Defense and the Armed Citizen, Part I
By
Curt Bolding ©2000
Curt
Bolding is a 16-year police veteran with experience spanning four jurisdictions
in Illinois. Still active in his
chosen profession, he currently serves as both a street officer and as a police
control and arrest tactics instructor.
More and more these days, citizens are asking me “how can I
realistically defend myself?” The
gun control debate rages ever onward, with no end in sight.
It’s a political hot potato. The
gun controllers are convinced that the way to keep people safe is to take the
guns away. Rather than take part in
that particular war at this time, we’ll focus on what somebody can do to
realistically defend themselves given the current laws and societal structure we
live in.
I’m a cop in Illinois and what I’m going to give you is a general
overview of the weapons laws in this state.
There will be similar statutes where you live, and you need to become
familiar with them. We will also briefly examine the role of the police and what
a citizen’s options are in regards to gun possession and transportation.
When applying the law, officers deal with specific cases in which there
are always different circumstances present.
The police enforce the laws based on the individual set of circumstances
present in any given case. That
said, let’s take a look at just what you can realistically expect from your
police.
In any fairly well populated area, police response time on most calls is
three to five minutes, sometimes less if a call is dispatched as being some
horrendous thing that’s in progress, in which case it’s red lights and siren
time. Sometimes officers are there
in less than a minute if they just happen to be close by when the call comes in.
Realistically, though, you have to expect at least three minutes from the
time you hang up the phone. If you
have somebody trying to break into your home or one of your loved ones is
engaged in a fight with an intruder, three minutes is one hell of a long time.
Now comes something that most people don’t want to hear.
You will not be able to depend on the police to arrive at the last moment
like the cavalry and make the save. I’m
not saying it doesn’t happen sometimes, because it does, but the odds are
vastly against it. Here’s the bad
news: you have to take
responsibility for your own self defense. If
some guy decides he’s going to mug you, carjack you, or break into your house,
he’s not going to do it if there’s a cop going by.
He’s going to wait a while till it looks like the coast is clear.
These are called crimes of opportunity.
The opportunity comes when nobody’s watching.
Certainly this is how the vast majority of thefts and burglaries are
committed. Therefore, it’s up to you to make an appropriate response,
because crimes against persons usually happen before that person can summon the
police.
Before we go any further, let’s take a look at just exactly what the
law in Illinois says as far as how much force an average citizen is allowed to
use, and under what circumstances. We
will refer to the Illinois Revised Statutes, section 720 ILCS 5/7, which
specifically states:
7-1.
Use of Force in Defense of Person.
A person is justified in the use of force against another when and to the
extent that he reasonably believes that such conduct is necessary to defend
himself or another against such other's imminent use of unlawful force.
However, he is justified in the use of force which is intended or likely
to cause death or great bodily harm only if he reasonably believes that such
force is necessary to prevent imminent death or great bodily harm to himself or
another, or the commission of a forcible felony.
7-2.
Use of Force in Defense of Dwelling.
A person is justified in the use of force against another when and to the
extent that he reasonably believes that such conduct is necessary to prevent or
terminate such other’s unlawful entry into or attack upon a dwelling.
However, he is justified in the use of force which is intended or likely
to cause death or great bodily harm only if:
(a)
The entry is made or attempted in a violent, riotous, or tumultuous
manner, and he reasonably believes that such force is necessary to prevent an
assault upon, or offer of personal violence to, him or another then in the
dwelling; or
(b)
He reasonably believes that such force is necessary to prevent the
commission of a felony in the dwelling.
I
would expect that no matter what state you live in, the law defining how much
force a citizen can use in a given situation is pretty much the same.
Now then: what constitutes
realistic self defense? Carrying a firearm is of course preferable in most
situations. The problem lies in the
laws of the state you happen to be situated in, or travelling to. Some states allow concealed carry or open carry.
Illinois, where I work, allows neither, and we’ll look at their laws in
a minute. What every citizen needs
to do is determine the laws regarding firearms for his or her own state.
It’ll be right there in the state statutes; if you can’t find them,
call up the cop shop and they’ll tell you the exact statute numbers to look
at. After you read those you’ll
probably have some questions, so it would be a good idea to call your local
State’s Attorney. Each county
seat has a State’s Attorney’s office (the name may vary; larger cities have
district attorneys). This is the
entity that conducts (or doesn’t conduct) criminal prosecutions.
They are the ones who can clear up for you any questions you may have as
to what types of firearms related offenses that they intend to prosecute
vigorously. Because the things that
get prosecuted can vary so widely from state to state and sometimes even county
to county, I can only give you a general overview of the law here.
It is imperative that you check for yourself and have a clear
understanding of how your local jurisdiction feels on these matters.
For that matter, you may want to investigate the law in other states if
you plan to transport a firearm for, say, a hunting trip.
Expect it to be about as bad as when you call up the driver’s licensing
bureau, but eventually you’ll get some answers. If they’re too slow, remind them that you’re a taxpayer.
Now we come to the question of legality vs. consequence, or more clearly,
what your options are in any given circumstance.
In Illinois, 720 ILCS 5/24-1, Illinois Revised Statutes, is the Unlawful
Use of Weapons statute. Different
states have different names for their statutes.
720 ILCS 5/24-1 gives a person the right to carry a concealed weapon only
“when on his land or in his own abode or fixed place of business.”
Therefore, it’s up to the state to prove that none of those conditions
existed if they plan to prosecute. So
let’s look at just exactly what that statement means.
“On his land” is pretty clear. You
can carry a gun around in your hand or stuck in your pants when you’re at
home. If you want to wear a pistol
in a shoulder holster under your jacket while you’re in your living room
watching a James Bond movie, have at it. “Abode”
has a broader meaning. Under People
v. Taylor, 328 N.E.2d 325 (1st Dist.1975), the court stated that
overnight living quarters met the definition of abode.
“Fixed place of business” is a bit more narrow.
For one thing, a fixed place of business means one that is stationary,
and the person carrying a gun must be the owner or have a proprietary interest
in said business. Your place of
employment is not necessarily considered to be your place of business.
For instance, a dishwasher was found to be in violation when he brought a
gun to work with him, People v. Free, 445 N.E.2d 529 (4th Dist.1983).
The dishwasher had no proprietary interest in the restaurant.
Or if he did, I don’t think I’d want to eat there.
The penalty changed recently too, upgrading Unlawful Use of Weapons from
a misdemeanor to a felony.
Generally,
the other main consideration people seem to have is how to carry a gun in their
vehicles. In Illinois the law just
changed, and this time it changed in the right direction.
Under 720 ILCS 5/24-1(a)(4), Illinois Revised Statutes, now states that
you may not carry a firearm within the passenger compartment of a motor vehicle
unless said firearm is:
1.
broken down in a non-functioning state; or
2.
is not immediately accessible; or
3.
is unloaded and in a case, firearm carrying box, shipping box, or other
container by a person who has been issued a currently valid Firearm Owner’s
Identification (FOID) Card.
Let’s
look at each of these. Broken down
does not mean that it’s damaged, it means that it is disassembled to the point
where it will not readily function. Taking
the cylinder out of a revolver or the barrel out of a semi-auto and putting them
in the trunk would be an acceptable example (there’s no longer much point to
doing this, however, as we’ll see in a minute). Nor is it broken down just because it’s unloaded.
A firearm is considered immediately accessible if it is in “such
proximity to the accused as to lie within easy reach so that the weapon is
readily available for use.”—People v. Smith, 374 N.E.2d 472
(Sup.Ct.Ill.1978). Basically,
anything within the passenger compartment of a vehicle, including a locked glove
box or piece of luggage, is considered immediately accessible.
Conversely, People v. Staples, 410 N.E.2d 592 (3d Dist.1980) held that a
firearm placed in a storage box in the bed of a pickup truck was not immediately
accessible, nor was a firearm carried in the locked trunk of a car, People v.
Reed, 390 N.E.2d 962 (3d Dist.1979).
Now,
the big change in the law is in provision three above.
You may now carry a firearm within the passenger compartment of your car
as long as it is unloaded and in a case and the person has a valid
FOID card. The ammunition may be carried in the passenger compartment as
long as it’s not in the gun. This
is a very postive step towards safety on the highway. Incidentally, the law doesn’t say you have to have the FOID
card on your person, although I highly recommend it. If you don’t have it, the police can run your name and DOB
through the computer and find out if it’s valid. In order to legally acquire or possess a firearm or purchase
ammunition in Illinois, you have to have a FOID card anyway(430 ILCS 65/2), so
you might as well keep it in your wallet. Under
that same statute, if I carry a gun off duty, I have to have a valid FOID card
too.
Whew! See why you need to learn this stuff for yourself?
Although,
this recent change in the law makes lawful transport a lot easier.
Let’s look at a hypothetical. Incidentally,
being a cop, my hypotheticals are always looking from a standpoint of an
absolute worst case scenario. Thinking
ahead like that helps you avoid Mr. Murphy and keeps you alive.
Let’s say you’re driving down Interstate 666 on your way to Scum
City. Now, I-666 has a reputation
for all kinds of desperadoes and other assorted foul balls travelling along it.
This change in the law is an improvement, because now you can protect
yourself and your family while on the road.
Just make sure the gun is unloaded and it’s in a case, and you have a
valid FOID card. You can carry the
ammo in your pocket or the glove box and load up fast if some dirtbag gets
frisky. The ammo can be anywhere as
long as it’s not in the gun. One important thing, though:
Interstate 666 probably runs through more than one state.
The laws vary from state to state, so you’d better know what they are.
I
am not in any way suggesting to you that you violate the law, but here are your
options. It all boils down to a
gamble: getting stopped carrying a
weapon illegally versus whether you
might need it. Everybody’s heard
the old adage “I’d rather be judged by twelve than carried by six.”
Most of the time, if you live in a relatively safe neighborhood, I
wouldn’t think it would be worth the risk. Then again, if you’re planning on
taking a midnight stroll through the worst slum in Scum City, a lot of people
would rather risk the penalty than be caught unarmed. The bottom line is that I
can’t make that decision for you. I
absolutely, 100% support concealed carry statutes for law-abiding citizens.
But in Illinois, I don’t think that’s going to happen any time soon.
It goes without saying that if you are inexperienced with firearms, it
would be well to seek out a firearms safety course where you can learn safe gun
handling, storage, and proper
marksmanship skills. Familiarity
with the tool is the first, best way to avoid a potentially tragic accident or
injury. One other important point
here: remember what this tool is
designed to do. The minute you stop
respecting its ability to harm you is when it’s going to bite you. Don’t have an
accidental discharge and hurt or kill someone.
There's
an old urban legend that needs debunking here.
There are a lot of people who actually think it's okay for you to shoot a
guy outside your house and then drag him inside, or vice versa, however the hell
your local version of that old chestnut goes.
We've all heard it at one time or another. What constitutes legality in any case is whether or
not you reasonably believed that your life or someone else’s is in danger, and
that you had no other option than to use deadly force.
The courts will look at something called the totality of the
circumstances. They will look at
everything involved in the individual case and what it boils down to is whether
or not a situation existed in which a reasonable person would have believed that
his or her life was in danger. This includes but is not limited to the size, age, gender,
and physical ability of both yourself and the attacker, whether or not threats
were made, and whether or not a weapon was presented. The more factors that are present that clearly indicate that
you were at a disadvantage are going to go a long way towards substantiating
your self defense claim.
Now,
like I said before, if you have to defend yourself, having a gun is certainly
the most preferable solution to most people.
I’ve spelled out above how the law works in Illinois.
Unless you live in a state that allows concealed or open carry, most
likely the law in your state reads pretty much like in Illinois. But no matter
where you are, the fact of the matter is that we don’t all carry a gun with us
at all times. Murphy’s Law also
dictates that the time you’re most likely to need a gun is the time when
you’re least likely to have one on you.
Therefore,
we must discuss what other options exist, namely, what your options are if
threatened and you’re unarmed. Due
to the length of this article already, unarmed options will be considered in
Part II.
Disclaimer:
This work is in no way intended to encourage or condone the violation of
any law of any state. The author
assumes no responsibility for any act of any person who intentionally or
unintentionally misuses any of the information in this article; it is for
academic study only. Finally, the
author assumes no responsibility for the disappearance of any doughnuts left
unattended in the author’s immediate vicinity.
