Defend at your own risk

Have you ever thought that maybe we should just get rid of the 2nd Amendment?  I mean, if we could just get rid of that one pesky amendment to the U.S. Constitution granting regular people access to guns, then there wouldn't be so much gun violence, right?

While we're at it, maybe we can stop voting for Republican politicians.  If we could just get rid of all the Republican politicians, then there wouldn't be so much gun violence, right?  Heck, while we're at it, let's get rid of the NRA.  Yeah, if we got rid of the NRA, there wouldn't be much gun violence, right?  Can I get an amen?

This has been the arguments of not a few persons, as of late.  Get rid of the 2nd Amendment, Republicans, and the NRA and gun violence would go away.  Well, would it?  It depends on who you talk to.

Take, for example, the young lady who came into the library a while back.  Seems Young Lady had a conceal and carry permit and, as such, carried a 9mm weapon on her person.  Seems Young Lady was walking to her car one night around 11:00PM when she was jumped by 4 young (as in under 18) thugs.

By the way thugs pointed their guns and grabbed and screamed at her that they were going to rape her (well, they didn't actually use the word "rape" so much as they used other descriptive words that my wife would rather I not print), Young Lady surmised they were going to have their way with her and then kill her.

Good thing she had a gun, right?

Before Young Lady got dead (or raped, as the case may be), she was able to pull out her gun and shoot three of the four thugs.  As it turned out, two of the three died on the way to the hospital and the 3rd was treated for his injuries and released.  The fourth ran away (to attack someone who did not have a gun, presumably).

Before we get further into this, I want to point out a couple things.  First, the thugs had guns.  Do you think thugs who threaten to rape and murder women care about gun laws or will obey them?  Really?!

Second, these thugs were under the age of 18.  That means they were minors, under the law.  

In Riverside, California, persons under 18 who are out and about between the hours of 10:00PM to 5:00AM are in violation of curfew laws under Riverside Municipal Code ("RMC") 9.06.020.  In addition, any adult (i.e. parent or guardian) who allows a minor to be out after 10PM is in violation of RMC 9.06.050 which is a misdemeanor. 

Any minor who is in violation of RMC 9.06.050 is guilty of a misdemeanor and will be dealt with in accordance with the Juvenile Court laws of the State of California  (Chapter 2, Division 2 of the Welfare and Institutions Code commencing with Section 200).

So, the question I have is why were the parents of these thugs not charged with a violation of RMC 9.06.040?  Why were the thugs not charged with a violation of RMC 9.06.050 (on the spot)?  Why are the obvious laws not being prosecuted?  This isn't rocket science, people. If the DA were to go after the lawbreakers, then maybe the lawbreakers would get the/a message that the City will not tolerate lawbreakers?!   

Of course, this is all presuming that the lawbreakers aren't somehow related to the DA or a judge - in which case, nothing will happen (politicians, and all).

Anyway, as Young Lady (you know, the victim who got jumped by four under-aged thugs) was giving her statement, Young Lady was arrested by the attending police.  Wait, what?!?

Yeah, seems Young Lady (the victim) was arrested for:

• California Penal Code 240 (attempted murder)
• California Penal Code 245 (assault with a deadly weapon)
• California Penal Code 189 (murder)
• California Penal Code 25400 (carrying a concealed weapon)

and the entire time, Young Lady is screaming that she's the victim and that she has a conceal and carry permit.  Yeah, all fell on deaf ears (because the police are so well versed in the law, and all) as they carted Young Lady to the pokey.  How dare anyone try to defend themselves?!

Subsequently, Young Lady is in front of me asking what she can do to help herself.  Right off the bat, I suggested she contact the NRA Civil Rights Legal Defense Fund to see if they can help.  I also suggest she contact the Riverside County Attorney referral at http://riversidelrs.org or search for a criminal defense attorney at Martindale.com.   Since she was already here (i.e. the local county law library), I suggested she take a look at:

• California Criminal Jury Instructions 505 (Justifiable Homicide)
• California Criminal Jury Instructions 3470 (Right to Self-Defense)
• California Criminal Defense Practice (Lexis)
• Criminal Defense Techniques (Lexis)
• California Criminal Law: procedure and practice (CEB)

and off Young Lady went to orchestrate her defense.

You know, long before there were guns, people used swords and knives and rocks and sticks and their fists and...well, people will use anything to kill someone, I guess.

So, instead of outlawing Republicans and the NRA maybe we make a law that everyone walks around with padded gloves so they can't pick-up guns or knives or rocks or use their fists to hit anyone. 

Silly, I know, but what are you gonna do?  Demand that people take personal responsibility for their actions?  Oh, the humanity!