Some Other Results of My Research

The piece on self-defense in the UK was long enough by itself, but I found quite a few pieces I didn’t want to just leave out. I’ll just put them here for your reading enjoyment RCOB experience.

First, let’s take a look at how the British police are handling crime. First up, a story from 2002 that shows that the cops understand implicitly what their limitations are, and just who they can and can’t intimidate:

Police fail to stop rave

A Lincolnshire farmer has accused police of failing to stop illegal ravers from taking over his sheds on New Year’s Eve.

David Benton, of Moorby, said about 70 revellers smashed down his farm gate, drove a lorry-load of disco equipment onto this property and set fire to pallets.

He called Lincolnshire Police, who sent two officers, but said ravers could not be evicted because there were fewer than 100 trouble-makers involved.

Mr Benton, 44, said: “I will defend my property, and I will use violence if I have to if this happens again. The police have already said they will arrest me if I do.”

‘Totally irresponsible’

“Anybody must be able to defend their own property.”

“It was like being a farmer in Zimbabwe – the police stood outside the gate while inside people were smashing up my property and they were doing nothing about it.”

Lincolnshire Police said officers could only intervene to break up rave parties if certain criteria were met.

Inspector John Ginty stressed: “The law states that there must be more than 100 people in the open air, causing a public disruption – those conditions were not met in this case.

They weren’t in the “open air” because they were in David Benton’s BARN.

That’s enough of that. You read the rest.

Then there’s this lovely bit of news from December of 2003:

Don’t bother about burglary, police told

Police have been ordered not to bother investigating crimes such as burglary, vandalism and assaults unless evidence pointing to the culprits is easily available, The Telegraph can reveal.

Under new guidelines, officers have been informed that only “serious” crimes, such as murder, rape or so-called hate crimes, should be investigated as a matter of course.

In all other cases, unless there is immediate and compelling evidence, such as fingerprints or DNA material, the crime will be listed for no further action.

The new “crime screening” guidelines were quietly introduced in the Metropolitan Police area last month and similar measures are being brought into effect by forces across Britain as pressure grows on senior officers to maintain a tighter control over budgets.

A Met spokesman confirmed that “less serious crimes” would now only be investigated if they were considered to be “solvable using proportionate resources”, or were part of a current crackdown on specific offences. He said: “It might mean that people who have had their bikes stolen from outside a shop might not get any investigation into it. It is looking at the high priorities for crime in the community.”

The Met’s policy document states that when crimes are of a less serious nature and there are no “special factors”, such as a particularly vulnerable victim, they will now be logged but not solved.

That might help explain this story from May of 2003:

Misery of couple ‘burgled 192 times’

A couple say they have become prisoners in their own home after being burgled 192 times in four years.

Rita Redfarn and Bruce Charter, of Earith, near Ely, Cambridgeshire, say they fell prey to burglars for the 192nd time after leaving their house unattended for the first time since the New Year.

“We decided to go out for two hours and obviously were being watched or had been seen in the local pub,” Ms Redfarn said.

“It’s just been hell here for four years.”

Since 1999 property worth hundreds of thousands of pounds has been taken from the couple’s £475,000 Victorian house, its two-acre garden and outbuildings.

Jewellery worth up to £7,000 was taken in the latest raid alone.

The couple can no longer get insurance cover.

I’d imagine not. There’s a bit more to the story, but here’s the kicker:

Police Inspector Richard Douce, said: “Officers in Ely are aware of the continued problems at the address in Earith and have worked with Mr Charter in the past to look at the security at his house and outbuildings.

“Over the next week officers will be reviewing the problem, which will include drawing up a new action plan – in conjunction with Mr Charter – to tackle the problem.”

After four years and 192 incidents. I’m sure Mr. Charter is greatly relieved.

Of most everything he owns.

But here the police are on top of the job! Someone might be defending themselves! Can’t have that!

Police swoop on 4ft 10in granny

A DISABLED grandmother who tried to film yobs terrorising her neighbourhood was ordered out of her home by a police Swat team who suspected she was armed and dangerous.

Terrified Maureen Jennings, who is only 4ft 10in tall, received a call from a police negotiator at 1.30 am telling her to look out of the window of her bungalow.

A police Armed Response Unit had surrounded the house and Mrs Jennings, who suffers from a chronic heart condition and diabetes, was told to put her hands in the air and step outside while police searched her home.

“I could have had a heart attack and dropped dead on the spot”, she said today.

“I opened the door with my hands in the air and four big policemen and two policewomen came in. I explained it was a camera and I was taking photographs of what had been going on on the estate.

“I am a four and half foot tall midget, and I am disabled and they asked me if I had any weapons in the house. The next day a police constable spoke to me and said that they usually just burst into the house but that they had checked me out and because I’d never been in trouble with the police they decided to ring me first.”

The drama began after Mrs Jennings, 50, had used a digital camera with an infra-red directional beam to film youths who have made her life a misery for the past two years.

She has regularly complained to police about the gang on The Moss estate in Macclesfield but claims that officers rarely bother to investigate.

Terrible

But when police received a tip-off that Mrs Jennings was armed, the force’s Armed Response Unit immediately went into action.

Mrs Jennings has been using the camera after a string of complaints to police failed to stop the gang terrorising the neighbourhood.

The gang congregate most nights on her garden steps and at a phone box opposite her home. She suspects they are responsible for vandalising her car.

“It is terrible living here,” she said. “We’ve all had enough and I can’t sleep at night.”

“I have had them boozing and taking drugs on my front steps. I can’t take this anymore. Doctors have sent notes to the council because of what it is doing to my health. But nothing ever happens.

“I love my bungalow but I want out of this estate. It is ruining my life.”

Macclesfield police said several youths had been “grounded” by parents after officers visited. Some have been threatened with Acceptable Behaviour Contracts and one faces an Anti-Social Behaviour Order.

“The Moss Estate area was given special attention by officers during the days following the incident and several of the young people involved, and their parents have been spoken to,” the officer said.

Senior Housing Officer Richard Christopherson was confident that the troubles on the Moss would be resolved.

He said: “I would very much like to go speak to this lady. If she can give some descriptions of these people I am sure we will be able to identify them. What we are doing is looking at the gang and finding out about the ringleaders and building up our evidence.”

This story would almost, almost be funny, except for these two stories that show that the behavior of these “youths” is hardly unusual:

Yobs drove man to kill himself

The widow of a disabled man who killed himself after being repeatedly attacked by young yobs at his Midland home last night backed calls for a “Tony Martin’s Law”.

Teenage hooligans terrorised Martin James, 64, so many times that he eventually fired an air rifle at them to scare them off – and landed himself in trouble.

Instead of tackling the louts, who had also vandalised his property, police threatened the despairing householder with prosecution for daring to use the firearm.

Days later Mr James hanged himself in his garden shed after leaving wife Angela a note bearing a heart-breaking message that summed up his misery.

“I’m sorry,” he wrote. “The kids have beaten me.”

At the inquest into his death, coroner Alan Crickmore said that “a campaign of torment” had led Mr James to take his own life last August.

Angela met her husband, a retired demolition contractor, while using Citizens Band radio. They were married for 13 years but the constant harassment from youths put an enormous strain on Mr James.

“Every night they were there,” said former British Telecom worker Angela. “They used to shout abuse and throw stones at our windows.

“There’s a cemetery at the back of our house. They used to hang out there and shine torches into Martin’s bedroom at night.

“Once they tied a fishing line and hooks to our door handle. I didn’t realise and I went to grab it as usual, I felt something sharp on my knuckle.

“They knew that they could wind Martin up. He just wouldn’t stand for their loutish behaviour.

“The police didn’t help. He even went to the parents of the yobs but they said there was nothing they could do.”

Angela recalled how her husband had picked up the airgun to defend their property.

“Martin shot at them with an air rifle a week before he died,” she said. “He aimed it above their heads so it wouldn’t hit them.

“But the police later told him that he could be prosecuted.

Gloucestershire Police said they sympathised with Mrs James and said they had offered her husband advice on how to deal with anti-social behaviour.

Chief Insp David Peake said: “We take all such calls seriously and will investigate incidents that are reported to us.”

Investigate, but do nothing to stop it.

Nor is this the first case like this. Here’s another:

Let the force be with the good guys…please

What are people to do if the police can’t help them to solve major problems of lawlessness affecting their lives? Sometimes, desperation forces them to take matters into their own hands.

Bill Clifford, a 77-year-old war veteran tormented for months by local yobs who banged on his door, threw stones at his windows and shoved eggs through his letter box, eventually brandished a toy pistol at them to try to scare them into leaving him alone.

The police, who according to his brother had earlier told him that they couldn’t do anything unless Mr Clifford caught the youngsters up to their mischief, did something now. They arrested Mr Clifford and charged him.

The day before he was due to appear in court, he hanged himself in the kitchen of his one-bedroomed housing association home.

Residents of the Oxmoor estate in Huntingdon decided last Sunday afternoon that they’d had enough of the problems caused by drug dealers and addicts. They were sick of dealing taking place in public, and of discarded needles lying about the place posing a threat to their children.

“The police know it’s going on but they don’t seem bothered,” one woman told a reporter after the estate erupted into a six-hour riot.

For once, the police turned up on the estate in force. Sixty officers were called in to tackle the mob, arrest a dozen troublemakers and escort the dealers to safety.

“While we recognise the residents’ concerns and are willing to work with them, it is clearly not appropriate for them to engage in this type of behaviour,” a police spokesman warned afterwards.

And I agree. Vigilante behaviour is the start of a very slippery and dangerous slope. But I ask again, what are people supposed to do if the police won’t or can’t protect them?

If the police had acted sooner to sort out the drugs menace on the Oxmoor estate, there would have been no need for the residents to riot.

If the police had acted to protect Bill Clifford from the tearaways who were making his life such a misery, he would have had no need to try to see off the yobs with a toy pistol and would be alive now, enjoying the rest of his days in the peace which should be everyone’s right.

The police are undermanned. There is no doubt about that. They need a huge boost to their resources and I for one would have no objection to paying extra taxes to help fund it.

But they only deserve it if they’re prepared, even with the limited resources they currently have, to show more enthusiasm for looking after law-abiding citizens when they ask for their help, and less for protecting the bad guys when the long-suffering good guys finally start to stick up for themselves.

Are you beginning to see a pattern here?

Oh, and remember the bit about women having the inherent right to kill a rapist? Well, they really shouldn’t, according to this piece:

Advice to resist sex attackers may make it worse, rape charity warns

A charity caring for rape victims warned yesterday that advice in Cosmopolitan to fight back when attacked could leave women with more injuries than offering no resistance.
“Sometimes it is far better just to let it happen and then deal with the aftermath,” said Helen Jones, co-chairwoman of the Rape Crisis Federation.

She was responding to a report in the magazine of a study by US researchers who examined 1.5m cases over a decade. They found that women who offered resistance were much more likely to get away, and that whether or not women resisted a rapist had no bearing on the level of injuries they received.

They also suggested that the first five minutes of an attack were decisive, and found the best response was to go for “pain receptive targets” in an attempt to disable the attacker for as long as possible. “There are, of course, no guarantees, but one thing seems clear – it is worth fighting back,” the magazine concluded.

Ms Jones, a criminologist, said that the article could leave women who had been raped feeling guilty and responsible for what had happened, because they had done nothing to beat off the attack.

“It could also increase the potential for women being harmed,” she added. “It is not always right to fight back. There is a phrase put around that rape is a fate worse than death. Of course it is not.

“Every case is different, and women can only assess each particular situation and the likely danger to them if they do resist. Doing that in a split second is extremely difficult.”

The magazine report suggested that effective defences included poking fingers or thumbs hard into eyes or throat, pulling hair, pulling fingers back to break, and squeezing or kicking the groin.

Self-defence tutor Floyd Brown, quoted in the magazine, said: “Remember, you are trying to maximise your safety margin. You want to disable the attacker for as long as possible while you escape.”

Scott Lindquist, author of the Date Rape Prevention Book, added: “Trust your instincts. If one tactic isn’t working, try another.”

The report said: “Some rapists will stop when forced into adult reasoning mode and faced with the consequences of their actions. Tell him this is rape, someone will find him, he will go to prison. Other methods are throwing the rapist off guard by faking an epileptic fit or pretending to faint or urinating, defecating or sticking fingers down the throat to induce vomiting as few people can stand the smell.”

Since 1985 recorded rapes in Britain have risen threefold. In 1999 the Rape Crisis Federation received 50,000 calls, yet it estimates only 6% of these women reported the assaults to the police.

Detective Chief Inspector Jim Webster, of the Metropolitan police steering group on sexual offences, said that women who were attacked could go “as far as is necessary”. He said: “By law you have a basic right to defend yourself with ‘reasonable means’, and if the crime is rape, you can defend yourself well.” He recommended all women attend a self-defence course to give them the confidence to respond quickly.

No, according to the law if the crime is rape you can defend yourself with lethal force – but apparently you’re limited to using “adult reasoning” and “poking fingers or thumbs hard into eyes or throat, pulling hair, pulling fingers back to break, and squeezing or kicking the groin,” none of which – last I checked – were particularly lethal.

And now let’s skip to the subject of gun control in the UK, shall we? The most recently passed piece of legislation banned a certain type of “easily convertible” airgun. Yet guns, and more lethal weapons, seem pretty easy to get anyway. Here’s a case where a guy was machine-gunned to death, not that this was necessarily a bad thing:

Shot man was teen rapist

The young dad gunned down on a city street was a convicted rapist, the Evening Mail can reveal today.

Dad-of-two Mohammed Sabir was involved in the gang rape of a young woman in front of her baby when he was just 15 years old. People who knew about his evil past today declared: “We are not going to mourn his death.”

Sabir was riddled with bullets as he stood chatting with pals in Lozells Road on Monday night.

The 22-year-old died despite a nurse, known only as Elizabeth, giving first aid as he lay on the pavement.

A post-mortem examination revealed Sabir, who had a one-year-old daughter and a son aged four, had been hit several times in the head and chest, possibly with a mini sub-machine gun.

Police today declined to disclose his previous convictions but have already confirmed that Sabir, who lived in Lozells with his parents and young family, was known to them before he died.

And machineguns aren’t all that uncommon, even though they’ve been banned since the 1930’s. Not heavily regulated, like they are here, but completely banned:

GANG HAD MACHINE GUN

Three members of a suspected Yardie hit team who were caught with a lethal machine gun and military hardware face years behind bars.

Marvin Herbert, 30, Darryl Hewitt, 32, and Paul Murdoch, 32, were spotted by police throwing a fully-loaded Ingram machine gun and silencer over a garden wall.

Officers found the gang were also equipped with body armour, balaclavas and high-tech radio scanners programmed to listen in to police frequencies.

US Army weapon

The Ingram, a US Army issue weapon capable of firing a devastating 20 rounds a second, had its safety catch off.

Woolwich Crown Court heard the trio were stopped by police after being spotted acting suspiciously in Hargrave Park, Holloway, north London in the early hours of August 1 last year.

Mark Rainsford, prosecuting, said: “The police driver noticed that the three men stopped whatever they had been doing.

“One of the men was seen to throw a large dark object over a wall into a garden.”

Stolen Mercedes

Police officers detained them and after a search, discovered the gang had dropped three balaclavas and a set of keys to a stolen Mercedes parked nearby.

The lethal machine gun was also loaded with extra-heavy Israeli-issue ‘blue-tip’ bullets.

They are specially designed to travel slower than the speed of sound so they do not cause a ‘gun crack’ sound when fired.

Herbert and Murdoch were both wearing bullet-proof body armour.

Go read the rest. Ignore the photo – that’s not an Ingram, and, to my knowledge, the Ingram has never been a “US Army issue weapon.”

I’ve covered other stories of machine-guns in England, too. There’s this story of an intercepted shipment of Uzi submachineguns, and here’s one about an honest-to-jebus LMG found in a London raid. Here’s one where a gang went on a ‘shooting rampage’ across London with an SMG. There are more, but you get the idea.

Here’s one that’s a bit of a shocker. In addition to all the American, Israeli, and East European hardware being smuggled across the water, it seems there’s a market for personal explosives, as poor Mrs. Ester Jonas discovered when someone lobbed a hand grenade into her home and took her leg. This guy was lucky – he just found one in the road. Where it came from, no one is saying. Here they found a live grenade in a railway tunnel. Of course, you don’t have to import them if you can get them domestically while you’re out for a beer.

But, machineguns and hand grenades aside, it doesn’t seem all that difficult to get a shotgun. Or a handgun.

Because gun crime in the UK has been on the rise, according to this Telegraph piece, the money quote being:

Firearms offences in England and Wales rose from 13,874 in 1998-99 to 24,070 in 2002-03. Recorded crimes involving imitation weapons trebled from 566 to 1,815 during that period.

A separate report by Her Majesty’s Inspectorate of Constabulary, also published yesterday, showed that two thirds of gun crime was concentrated in London, Birmingham and Manchester, though it has spread to a number of other areas.

Response? Ban some airguns! This piece from October of last year puts some perspective on the problem:

We are overrun by gun crime, says police chief

A chief Constable admitted yesterday that his officers are being forced to ignore thousands of burglaries, thefts and car crimes because they are swamped by increasing drug and gun violence.

The public’s perception that the police were not interested in low-level and non-violent crime was underlined when Steve Green, Chief Constable of Nottinghamshire police, said there was not enough money or officers available to investigate all crime.

The emergence of Britain’s drug and gun culture had impacted on his force to such an extent that “something had to give”.

Yes, Britain’s draconian gun laws have worked so well in keeping weapons out of the hands of criminals the law abiding.

But this opinion piece said something I think illustrates a significant part of the problem, and I will close this post with it:

“There Was Violence Used”

For today’s liberals, crime is like the weather—it has nothing to do with human agency.

In March (2003), thieves broke into the home of Mrs. Adu-Mensah, an 83-year-old Ghanaian woman living in South London. Not content with stealing her property, they bound her hand and foot, suffocating her to death, and then set her body alight. The Independent, one of the newspapers favored by Britain’s liberal intelligentsia, reported without comment that the police were investigating the possibility that the crime was “a break-in that went wrong.” I couldn’t help thinking of the way surgical procedures with fatal outcomes used to be described: the operation was a success, but the patient died. In this case, the burglary was a success, but the householder died.

In the Independent’s report, we see how deeply and unconsciously entrenched a perverted way of thinking has become in the minds of much of the British establishment. Thugs break into an old lady’s home and murder her in the most brutal way imaginable, and the police consider her death as an unintended consequence of a normal and even acceptable event, a kind of meteorological freak accident that occurred without the intervention of human agency. A journalist, almost certainly a university graduate, accepts this without demur, because it happily coincides with his newspaper’s liberal outlook. It was not the burglars that killed Mrs. Adu-Mensah, but the burglary. A cold front brings us bad weather; a burglary brings us a charred corpse.

If caught, the perpetrators of this horrible crime will no doubt also claim that the crime went wrong, that unexpected circumstances somehow perverted their good intentions: their burglary having a kind of Platonic existence independent of their decision to commit it. In like fashion, violent men and women are likely to say that their relationships went wrong, as if relationships existed independently of how people behave toward one another. Last week, I asked a man who was complaining that his wife had deserted him whether he had ever been violent toward her.

“Yes,” he said. “There was violence used” – used, no doubt, in the course of an argument that went wrong.

Of course, man has always sought to distance himself from responsibility for his own wrongdoing by ascribing it to forces beyond his control. Is there, in fact, a man alive who has never done so? Four centuries ago, Shakespeare remarked upon the “admirable evasion of whoremaster man, to lay his goatish disposition on the charge of a star.”

What is relatively new, however, is the willingness, even eagerness, with which intellectuals endorse, promote, and validate the admirable evasion. Murders are now committed by burglaries, not by murderous burglars. Not all men are whoremasters, of course: but all too many of our intelligentsia are.

And it’s bled down from the intelligentsia. Now juries can decide, 10-2, that someone who has acted defensively in the insanity of defending one’s family from an intruder, that “excessive force” was used, and the defender is guilty of manslaughter.

Hindsight being 20/20, of course.

The (considerably less than) Million Moms chanted at their first (and only) big rally: “England can do it! Australia can do it! We can too!

Not if I have any say in the matter.

Ladies and Gentlemen of the Jury, In Conclusion…

I and Tim Lambert, professor of Computer Science and Engineering at the University of New South Wales, Australia and author of the blog Deltoid, have been having an ongoing discussion over self-defense in the UK starting back in March. The debate began over a news piece that stirred the outrage of those of us Tim calls “gullible gunners.” Here’s that piece, published in the UK paper, The Scotsman, in its entirety:

Man Who Killed Armed Intruder Jailed Eight Years

By Will Batchelor, PA News

A man who stabbed to death an armed intruder at his home was jailed for eight years today.

Carl Lindsay, 25, answered a knock at his door in Salford, Greater Manchester, to find four men armed with a gun.

When the gang tried to rob him he grabbed a samurai sword and stabbed one of them, 37-year-old Stephen Swindells, four times.

Mr Swindells, of Salford, was later found collapsed in an alley and died in hospital.

Lindsay, of Walkden, was found guilty of manslaughter following a three-week trial at Manchester Crown Court.

He was sentenced to eight years’ imprisonment.

After the case, Detective Chief Inspector Sam Haworth said: “Four men, including the victim, had set out purposefully to rob Carl Lindsay and this intent ultimately led to Stephen Swindells’ death.

“I believe the sentences passed today reflect the severity of the circumstances.”

Three other men were charged with robbery and firearms offences in connection with the incident, which took place in February last year.

The reaction of several of us was commented on in Tim’s initial post on the subject, Gullible Gunners. Tim commented, in part:

Pro-gunners such as John Lott, Glenn Reynolds and John Derbyshire have written about the Martin case, apparently unaware of the facts that showed that the killing was not in self defence, and proceeded to make bogus claims that self defence was against the law in Britain. Claims which they have never bothered to correct.

Now, there are two possible explanations for Lindsay’s conviction:

The jury knew more facts that those which appeared in the brief story and these showed that the killing was not in self defence.

Self defence is illegal in the UK.

The reaction from bloggers was swift and extensive. At the time of writing, Technorati reports 61 blogs linking to the story, all going for explanation 2, none even considering the possibility that the killing was not self defence.

Note that Tim doesn’t wonder why 61 out of 61 blogs choose option 2 – to him it’s obvious that we’re all just “gullible gunners” and there is no prior evidence that would lead us to believe that “self defence is illegal in the UK,” this story being only the latest example. No, we’re obviously just leaping to conclusions based on our inherent pro-gun bias. (What that bias indicates, I leave to you, the jury.)

Tim noted that further details emerged indicating that perhaps this was not merely a case of self-defense. That, in fact, Carl Lindsay had pursued his attackers into a hallway and had stabbed Stephen Swindells in the back four times, thus prompting the murder charge. Instead, the jury found him guilty of manslaughter for an act of retaliation against the men robbing him.

I was one of those who posted on the story. In my piece I said:

The Next Time Someone Tells You that Self-Defense isn’t Illegal in the UK, (for all intents and purposes,)…

And pointed to the Scotsman story. I then added, after the additional details were brought out:

However, were you a reader of this story – provided without nuance – would you not draw the conclusion that defending yourself against attack is legally risky?

That’s my point – the general public in the UK is actively discouraged from self-defense, in fear of prosecution.

“You can’t protect yourself! You’re not qualified!”

The following week Tim posted his first piece, and I began the debate with him in the comments to that piece.

In response to that initial post by Tim I made this point:

[T]here have been numerous cases of the British courts charging people for defending themselves. The law there seems to be one based on “proportional response” – e.g., stabbing someone who isn’t armed with a weapon is “excessive force.” So is bashing them over the head with a brick. There are many of these cases, and they’ve lead us to the conclusion that private citizens in Britain had best not resist attack, or face prosecution for usurping the authority of the State in its monopoly on the legitimate use of force. My primary objection to the news story was that it reinforces that conclusion. If you are a reader of that story, ignorant as to the details, in combination with all the other similar stories of people prosecuted after defending themselves, the message is “don’t resist, you’ll go to jail.”

In a later comment, I added:

You object to our near unanimous conclusion that “self defense in the UK is illegal,” poo-pooing it as “gullible,” but for all practical purposes that assertion is true. Stories like the Scotsman piece reinforce that understanding. All it said was (in abbreviated form) “One man attacked by four. One of the four had a gun. Man defended himself with a sword, killing one of the four. Defender sentenced to eight years.” When faced by four attackers, one armed with a firearm, it seems the “instinctive” reaction the government wants is for the victim to curl into a ball and surrender. Any other action is deemed “antisocial,” apparently.

Tim and I (and others) continued this debate over the course of the next couple of months. Tim posted a follow-on piece, Gullible Gunners, Again in response to my comments in which he states:

Baker continued to insist that self defence was illegal in practice in the UK. His argument was that England’s “laws concerning weapons make self-defense, for all intents and purposes, a lost cause”. His argument is badly wrong for two reasons.

1. Using a weapon is not the only way to defend yourself.

2. If the law disarms attackers, then it can make self defence possible where it would have been impossible if the attacker was armed.

My response was a post of my own. Tim responded in the comments of Gullible Gunners, Again, where he said:

As far as I can tell, American pro-gunners are constantly on the lookout for news stories about how terrible things are in the UK. So far they have found a total of exactly zero cases where someone has genuinely acted in self-defence and been convicted of (or even prosecuted for) a crime. That’s zero. But you seem to think that it happens all the time.

and

Next we come to your bizarre misreading of my statement:

“If the law disarms attackers, then it can make self defence possible where it would have been impossible if the attacker was armed.”

You claimed that I was somehow saying that “Honest citizens should never use a weapon in self defense” even though I wasn’t and insisted that was the only possible meaning even though I had written nothing the slightest bit even remotely like that. Consider two scenarios:

1. Attacker has a gun. Defender does not.

2. Attacker does not have a gun. Defender doesn’t either.

Self defence is possible in the second scenario while it isn’t in the first one. Is that clear now?

One of my commenters, Sarah, rephrased Tim’s statement thus:

If the law disarms citizens, then it can make self defence impossible where it would have been possible if the citizen was armed.

That about covers that.

I responded here. You can see this exchange has been quite involved. (I doubt many people have bothered to read this far, though I’m sure this post will draw some comments. If you really have struggled through to read to this point, please, let me know.)

Tim then posted his third piece, Gullible Gunners, Part 3 on May 4. In that piece he states:

He (that would be me) has “spent a considerable amount of time trying to do archive research through UK online newspapers for stories on self defense”, and found not one story where someone was prosecuted for defending themselves. So where do we stand here? Despite strenous efforts, we have not one case where the British courts have charged someone for defending themselves. All we have is two cases (Lindsay and Martin) where the killing was not self-defence, but were presented by pro-gunners to make it look like it was.

Now, if you’ve taken the hour or two necessary to slog through this entire discussion; links, comments, etc., to this point, I applaud you. There are probably forty-thousand words or more to this point, and we rambled on over a fairly wide variety of topics. But it all comes down to the original point: Is self defense in the UK legal in practice? I’ve already noted that it is legal by statute, but I have held that prosecution of what appears to we “gullible gunners” open-and-shut cases of self defense in fact proves that the State does not uphold the idea that violence in self defense is acceptable. Tim claims that I have found “not one story where someone was prosecuted for defending themselves,” “…we have not one case where the British courts have charged someone for defending themselves.”

There’s that tricky semantics question again. Just what constitutes “prosecution for self defense?” I imagine Tim’s definition is considerably more strict than mine. I did, in fact, point to this story in which a wheelchair-bound man used teargas to defend himself against a mugger. Teargas is considered an “offensive weapon” in the UK and is illegal (for a subject) to possess. The man was charged for possession of the teargas, but not, apparently, for using it. Was he “prosecuted for self defense”? I think so. Tim probably would not. I think that New York resident Ronald Dixon was “prosecuted for self defense” when he was charged with having an unlicensed firearm after he used that firearm in self defense. I think that Cook County Illinois showed decency and good sense when it chose NOT to prosecute Hale DeMar for the same “crime” when he used his handgun in self defense.

Now, consider those two American cases. In both, the home of the gun owner was invaded by a man. The owner did not know if the invader was armed, but in both cases the owner used deadly force against the intruder. In neither case was the owner charged for the use of deadly force, but only risked prosecution for having a weapon he was not legally entitled to have. It was patently obvious to the investigators that an intruder was in the home, and it was patently obvious that the homeowner had the right to use lethal force against the intruder. In both cases the intruder could have died. Contrast that to the case of Thomas O’Connor, a 63 year-old nearly blind man whose home was invaded by a 23 year-old man who broke the front door in, knocking it off the hinges and out of its frame. Mr. O’Connor grabbed a knife and stabbed the invader, giving him a fatal wound. Mr. O’Connor then suffered through a seven week murder investigation before the Crown decided not to prosecute because – and I quote“[I]t is not believed we would be able to disprove a case of self defence against [this man].”

Still, it seems from Tim’s writing that if I could come up with just one example of the government prosecuting someone for an obvious case of self defense, I would prove my point that government discourages the act of self defense by making it legally risky to do so. I promised that I would do more research and respond.

Well, I have, and this is it. (Hell of a prologue, no?)

First, let me go back again to the comments in Tim’s posts. A couple of cases were brought up that Tim decided were at best inconclusive. The first was the case of Mark Barnsley, and second was that of Satpal (or Saptal, depending) Ram. Tim didn’t comment on the Mark Barnsley case, but concluded based on this page that the Ram case couldn’t be self defense because Mr. Ram had apparently also stabbed someone in the back. It’s been said that on the internet anyone can write anything, so I’m not exactly certain why that one page makes Mr. Ram’s claims of self-defense invalid. According to this Guardian article Mr. Ram was supposedly assaulted by a man using a broken glass as a weapon. His crime was apparently not backing down and being a good (read “meek”) subject in the face of racism. Mr. Ram defended himself against attack, got a lousy lawyer, and received a life sentence. Hmm… So which version is true? You be the jury.

The case of Mark Barnsley seems less ambivalent to me. He was attacked by a group of as many as 15 drunken college students, and defended himself while receiving a severe beating. He, according to the story, picked up a knife dropped by one of his attackers and hung onto it during the attack to keep from having it used against him. Some of his attackers received wounds. Mr. Barnsley was the only person charged. What’s the truth? I don’t know, but I know what it looks like from what I’ve been able to read. I’ll leave it to those interested to do the research for themselves, and again be the jury.

I’ve spent quite a few hours scouring the various UK newspaper online versions for stories of self defense. I have reached one fairly strong conclusion – either it doesn’t happen much in the UK, or the papers simply won’t report it unless it’s a spectacular case. However, if someone is severely injured or killed, it is apparent to me that the Crown will file a charge unless, as it was in the case of Mr. O’Connor, it is blindingly obvious (no pun intended) that they cannot disprove self defense.

I said early on that self defense was legally risky in the UK because by exercising your right you run the very real risk of being prosecuted. That legal risk has a chilling effect on the exercise of the purported right. So let’s look at a couple of examples I found.

First, there’s the 2002 case of Barry-Lee Hastings, who was cleared of a murder charge, but convicted in a 10-2 jury decision of manslaughter and sent to jail for five years. (Tony Martin was found guilty of murder in a 10-2 jury decision as well.) This case has very much in common with the one that started all of this. Mr. Hastings, visiting the home of his estranged wife, found one Roger Williams burglarizing the home. Mr. Hastings, unaware that his wife and children were not at home, grabbed a bread knife from the kitchen and attempted to intervene in the belief that the burglar was armed with a machete and that his wife and children were at risk. Mr. Williams was stabbed 12 times – in the back – and died of his wounds. Here’s what the prosecutor said:

“The law recognises a man is entitled to defend himself, his family and his property – only if his action does not go beyond the reasonable and the necessary.

“There is no doubt Mr Hastings stumbled across a burglary. There is no doubt that Roger Williams was a thoroughly bad hat in the eyes of the law.

“But, none the less, as a human being he is just as entitled to the freedom to live as anyone else. We argue that in this case, alas, this man overstepped the mark and went some distance beyond that.”

But here’s what the law says, as provided to me by Tim Lambert:

Section 3 of the Criminal Law Act 1967 provides that a person may use such force as is reasonable in the circumstances in the prevention of crime, and the question of reasonableness is subject to the amplifications contained in such cases as R v McInnes and R v Palmer. It has been held that “if a jury thought that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought was necessary, that would be most potent evidence that only reasonable defensive action had been taken.” Normally only reasonable force is acceptable but if in the unexpected anguish of the moment excessive force is used it may still be acceptable, if the defendant honestly and instinctively believed it was necessary. It has been long established (prior to either the Criminal Law Act 1967 s 3 or AIDS) that a woman may take the life of a man attempting to rape her, though she may not generally carry a weapon to achieve this.

A fact that renders the right to use lethal force essentially meaningless, but I digress.

When a defendant deliberately used a lock knife he had opened prior to an incident, and stabbed an assailant after the defendant had received a single blow to the face, it was held that this could not possibly be reasonable.

On the other hand, if a plea of self-defence is raised when the defendant had acted under a mistake as to the facts, he must be judged according to his mistaken belief of the facts regardless of whether, viewed objectively, his mistake was reasonable. So where a policeman shot dead a man who was unarmed and had already surrendered he was still entitled to claim his action was self-defence if he honestly believed this to be the situation. The test is whether his action was reasonable in the situation as he perceived it, rather than as it actually was.

Note, it’s apparently OK for cops to shoot people they believe to be armed, but not for people to stab – in the back – people they believe to be a danger. Now, contrast this case to the Hale DeMar and Ronald Dixon cases. In both of those cases the homeowner shot the intruder – a definite use of lethal force – yet neither was charged with attempted homicide or excessive use of force or anything having to do with the woundings. It was, to Americans, an absolute case of righteous self defense. In the case of Mr. Hastings, he believed that his wife and children were at home and at risk, and he attacked to protect them. Yes, the burglar was stabbed in the back. So? If you’re grappling with an attacker with a knife in your hand, where is the blade going to go? Mr. Hastings’ lawyer said:

“We are shocked by the verdict. The evidence clearly showed that Barry-Lee Hastings acted in self-defence. Most people will recognise that the verdict today represents an appalling miscarriage of justice and flies in the face of common sense.”

Apparently he’s another “gullible gunner.”

Then there’s this case from 2000 in which a homeowner beat the snot out of a burglar wth a baseball bat.

A judge yesterday reignited the debate over the law on self-defence by asserting that a householder who repeatedly beat a burglar with a metal baseball bat had been using “reasonable force”.

David Summers, 21, a drug addict, suffered a broken wrist, fractured elbow, cracked ribs and a cracked skull. He had broken into the Peterborough home of Lee Gapper, 20, and his lodger George Goodayle, 21, both self-employed builders.

Mr Gapper and Mr Goodayle were arrested by Cambridgeshire police and held for 12 hours. The crown prosecution service decided not to bring charges against them.

Last week the Tory leader, William Hague, said the law on self-defence should be changed to give greater protection to people who were forced to defend their homes against intruders. He was accused of trying to exploit public outrage at the murder conviction of the Norfolk farmer Tony Martin, who shot dead a teenage burglar.

Gee, ya THINK? Still, they weren’t actually charged.

And there’s this case from 2003 in which an evil rich capitalist company director was charged with manslaughter in the death of a burglar. Acting as temporary night watchman, one Steven Parkin intervened in an attempt to steal a truck from his business, using a pickaxe handle and, supposedly, a knife with which he slashed the man across the back of the knee. However,

Judge Richard Pollard directed the jury to return a verdict of not guilty after a pathologist told the court he could not rule out the possibility death was caused by an accident.

Sounds like Mr. Parkin dodged a bullet, so to speak. But he was definitely charged and tried.

Still, there’s other good news. In this case homeowner John Lambert (any relation?) was cleared by a jury in a case where he stabbed a burglar to death. Apparently this time the burglar wasn’t stabbed in the back. Still, Mr. Lambert was held for two days before being released on bail prior to the inquiry that found his action to be defensive. I’d find that idea chilling – that for defending my wife and home I had to spend two nights in jail.

But this is all so confusing, isn’t it? Well, this BBC piece from January 2003 says yes:

MP calls self-defence laws unclear

A Norfolk MP has said people are not sure what they are allowed to do to protect themselves and their property from burglars.

Henry Bellingham, a Conservative representing north west Norfolk, told the Commons the law should be made clear.

He said: “If lawyers, safe in their offices, can’t work out what is right how can the householder be expected to weigh up the pros and cons in the middle of a violent struggle in the dark?

Damned good question. It goes right to the heart of that “reasonableness” argument, doesn’t it? And the question of what you believe even if your belief is wrong.

People who believe they or their family are in imminent danger are allowed to use “reasonable force” to defend themselves but cases are examined individually and a decision to prosecute is based upon the circumstances.

And those decisions appear to be somewhat random and capricious. Not something you want associated with the law when your life and your freedom are in question.

One of Mr Bellingham’s constituents is farmer Tony Martin, who was jailed for shooting dead a teenage burglar.

It would appear that Mr. Martin’s case stirred up a hornet’s nest of controversy concerning self defense in the UK.

So, have I found that one case that proves my point? I think so, and it just so happens to come from the very same paper that started all of this, The Scotsman:

Man Who Stabbed Blood-Soaked Cocaine Addict Jailed

By Simon Baker, PA News

A 23-year-old man was jailed for five years today for stabbing to death a cocaine-addled and blood-soaked intruder who terrified a group of friends after he smashed his way into a flat.

Brett Osborn knifed Wayne Halling five times in the back after the 30-year-old burst into the property in Romford, east London, following a drug-fuelled rampage on August 24 last year.

Mr Halling – a cocaine addict who had taken a massive dose of the drug – had already caused himself around 90 separate injuries by smashing the windows and doors of several other houses on Regarth Avenue.

Woolwich Crown Court heard that the huge cocaine dose had made him numb to pain and had also pushed him into a paranoid search for his girlfriend, who lived with him on the same street, but who was away on holiday.

Osborn, who had also taken a small amount of cocaine and had been drinking, told police that he stabbed Halling to protect himself and those at the flat, including a pregnant woman.

Mr Halling, who was “streaming with blood”, had already smashed his way into the maisonette once but had been kicked out by a friend of Osborn.

After the stabbing, paramedics were were unable to save Mr Halling and he was declared dead on arrival at hospital.

Osborn, of Upminster, east London, denied any wrong-doing on the grounds of self-defence, but then at a court hearing earlier this week admitted manslaughter by reason of provocation.

Judge Shirley Anwyl QC said that she accepted that Halling could have been perceived to be “dangerous to others”.

But she added: “With hindsight it is clear that Halling was presenting no real danger to anyone but himself.

Hindsight. It’s always 20/20, isn’t it? But that’s not what the law is supposed to be based on, is it?

“By your plea you have accepted that you intended real serious injury. Your use of violence was not wholly unpremeditated in that you did equip yourself with at least one knife.

She added: “I am in no doubt about your genuine remorse and your appreciation of the appalling effect that the killing of Halling has and continues to have on his relatives and friends.”

The court heard that Osborn is already serving a two-and-a-half-year jail sentence handed down earlier this month at Grimsby Crown Court for his part in a benefit fraud conspiracy.

Not “unpremeditated” because he picked up a knife.

Mr. O’Connor “picked up a knife” and he didn’t get charged. Mr. Lambert “picked up a knife” and he didn’t get charged. But Carl Lindsay picked up a knife and got a manslaughter conviction. It appears that Osborne, like Satpal Ram, had a lousy lawyer.

That’s not the only version of the story. There’s one on the London Times site, but I’m not paying £10 to get it. There’s also this version from The Telegraph:

Five years in prison for acting in self-defence

By Alasdair Palmer
(Filed: 09/05/2004)

On the night of August Bank Holiday 2003, at about 11.30, Brett Osborn, a 23-year-old casual labourer, killed Wayne Halling, a stranger who had forced himself into the house where Osborn and four friends were watching television over a drink.

When Halling entered the house he was covered in blood and was in a frenzy. He seemed impervious to pain and was suffering from drug-induced delusions. He had been smashing the windows of other houses in the street with his fists and head, giving himself more than 90 wounds – his wrist was cut to the bone and he had sliced half through one of his toes.

By the time he arrived at 19 Regarth Avenue, Romford – where Osborn was sitting with his friends – he was, as every witness who was interviewed stated, a “terrifying sight”.

He got in because one of Osborn’s companions, Kelly Hinds, had heard the commotion and gone outside. The drug-crazed Halling took her for “Emma”, the girlfriend who, he screamed, had “set him up”. Miss Hinds recalled that he “grabbed me and pushed me against a parked car. I immediately got blood from him on my top. I managed to push him away”.

Halling pursued her back to the house. Miss Hinds managed to get inside but, even with the help of her pregnant sister, Jodie, was unable to close the door against his weight or stop him from pushing his way in. He staggered along the corridor, smearing the walls with blood. Jodie Hinds screamed “He’s in the house! He’s in the house!” and Jay Westbrook, her boyfriend, struggled with him, knocking him down. But he got up again and kept going.

Osborn recalls: “There is blood everywhere, things are flying everywhere, the girls are screaming hysterically. I just don’t know what to do. Then he starts coming towards me.” In fear and confusion, Osborn picked up a steak knife with a 6in serrated blade that he says was on the floor.

He would later tell the police: “I didn’t know what he was going to do to me.” Also, knowing that Jodie Hinds was pregnant, he was terrified of what might happen if she were attacked. “He came towards me, sort of grabbed me,” says Osborn, “and I lunged, and stabbed him that was the only thing I could think to do. It was just the panic. He’s mad, he’s crazy, he’s just smashed up three houses, attacked people, beaten up my friend. I didn’t know what was going to happen. There’s blood all over him. The only thing I could think of was to protect myself and the other people in the house.”

Halling fell to the floor. Police and an ambulance then arrived: there had been several calls to the emergency services, but because of fights in Romford as the pubs closed, officers had been slow to get to the scene.

The wounded intruder refused to let paramedics treat him. He fought them off until he was handcuffed by the police. PC Joanne Allan recalls that she had “never witnessed anything like this in my life. I was terrified, as I had no idea what was happening”. She even considered using her CS spray to control the struggling man, who was lunging and striking out wildly. Sergeant Paul Darham, the second police officer on the scene, agreed that “the scene of blood and a male shouting and behaving irrationally was extremely distressing and frightening”.

The “irrational male” was bundled into the ambulance but died on the way to hospital. Brett Osborn had stabbed him five times. Three of those stab wounds were superficial, barely breaking the skin. But one had punctured his assailant’s lung. It was this injury that killed him.

An autopsy revealed that Halling had taken a massive dose of cocaine – it may have been in the form of “crack” – that night. It was the cocaine that had caused his delusions and made him impervious to pain.

There could be little doubt that Brett Osborn had not planned to kill Halling, or even that he never intended to do so. Halling was unknown to him until he had forced his way into 19 Regarth Avenue. He stabbed him because he feared for his own life and the safety of his friends. Yet, astonishingly, the Crown Prosecution Service decided to prosecute Osborn for murder – a crime that carries a minimum sentence of life imprisonment.

“The law,” explains Harry Potter, the barrister who, with Charles Bott, would defend Osborn, “does not require the intention to kill for a prosecution for murder to succeed. All that is required is an intention to cause serious bodily harm. That intention can be fleeting and momentary. But if it is there in any form at all for just a second – that is, if the blow you struck was deliberate rather than accidental – you can be guilty of murder and spend the rest of your life in prison.

“Moreover,” Mr Potter continues, “while self-defence is a complete defence to a charge of murder, the Court of Appeal has ruled that if the force you use is not judged to have been reasonable – if a jury, that is, decides it was disproportionate – then you are guilty of murder. A conviction for murder automatically triggers the mandatory life sentence. There are no exceptions.”

The legal situation was explained to Osborn by his defence team. Mr Bott and Mr Potter advised him that although they thought it very unlikely that any jury would reject his plea that he had stabbed Halling in self-defence, they could not, in all honesty, claim that it was a certainty. There was a small chance that a jury might decide that his use of the knife was “disproportionate”. The jurors would then be bound, under the law, to convict him of murder.

And remember, they don’t need a unanimous jury decision in the UK anymore.

It was explained to Osborn that he could avoid that risk only if he elected to plead guilty to manslaughter as a result of provocation. He would then probably be sentenced to a maximum of three years. His defence team did not advise him to take that option: they merely set out the alternatives in front of him.
Osborn decided that he could not face the risk of life imprisonment. “You see it in the paper,” Osborn has said, “that bloke Tony Martin who shot the kid who was burgling his house. He went to prison for years. I didn’t want to waste my life because [Halling] burst through the door. Why did he have to ruin my life?”

Tony Martin was convicted of murder after a jury rejected his claim that he had acted in self-defence when he shot dead a burglar who had broken into his isolated farm house. He was sentenced to life imprisonment. The Appeal Court decided to quash his conviction for murder and substitute one for manslaughter on grounds of diminished responsibility. Martin, who was jailed in April 2000, was freed in July 2003.

Osborn chose to plead guilty to manslaughter through provocation. He did not, however, receive a three-year sentence. At his sentencing hearing on April 21 at Woolwich Crown Court, Judge Shirley Anwyl decided that he should serve five years. He is now in Belmarsh Prison.

“We couldn’t believe it,” Denise Osborn, Brett’s mother, told The Telegraph. “Brett has never been violent. He has never been involved in any kind of violent behaviour at all before this. He has a conviction for benefit fraud, but nothing to do with any kind of violence. He was devastated at being the cause of another man’s death. It is a terrible thing for him. He never meant to kill anyone. To treat him like a rapist or someone who coldly sets out to kill another human being is just so unfair and wrong.”

Osborn’s barristers are appealing to get his sentence reduced. They believe that the Court of Appeal’s judgment in the Hastings case – Barry Hastings was convicted of manslaughter after killing an intruder and had his sentence cut from five years to three on appeal – demonstrates that the most Osborn should have received for his plea of manslaughter was three years.

Malcolm Starr, a friend and supporter of Tony Martin, said: “This case shows that it is not so much that the law needs changing but rather that some common sense should be applied. Anyone attacked in their own home should be given the benefit of the doubt whatever the circumstances.

“People have a choice whether to break into someone’s home and frighten them to death. How you would react to that happening to you is something you won’t know until it happens to you.”

The dead man’s family, however, insist that Halling was “unarmed” when he was stabbed. They are wanting Osborn’s sentence increased. They also point to the fact that Osborn, while he handed the police the knife he used to stab Halling on the night of the crime, did not admit to having used it himself immediately. He did so only at a later police interview.

They also say that Osborn’s claim that he stabbed Halling in the course of a struggle is not substantiated by the location of his stab wounds, which were to Halling’s back, not to the front of his body. In his interview with the police, officers asked Osborn if he had “warned” Halling that he had a knife and would stab him if he did not desist. Osborn had to admit that he had not warned him.

“That is just ridiculous,” says Mrs Osborn. “A man behaving like a lunatic, covered in blood, is coming towards him, and my son is supposed calmly to warn him that he might be stabbed if he attacks?”

The determination of the dead man’s family to see Osborn punished may have been what persuaded the CPS to take the decision to prosecute Brett Osborn for murder. “I think the law is contemptible,” says Mrs Osborn. “How can it be right to put my son in jail for defending himself and killing someone by accident? That law has to be changed. There’s got to be a recognition that when you did the kind of thing Brett did, you are not a murderer and you don’t deserve to rot in jail. People have got to realise that it could happen to anyone. It could be you.

“For us, the whole thing has just been a nightmare. I keep hoping I will wake up and Brett will walk in through the door of my home. But he won’t. He’s in prison and he won’t be released for years. It is so wrong.”

I’m certain Tim will point to the fact that Halling was stabbed in the back as indication that it wasn’t self defense. I’m sorry, Tim, but I disagree. If I’m defending others from a blood-drenched maniac, I’m not going to give a shit whether I stab the guy in the back or in the chest. Or if I shoot him, which side the bullets go in. It’s defense of self or others. It’s the legitimate use of violence to stop a crime. It’s justified, and this is part and parcel of what we see coming out of the UK, and what residents there see just as well – just another example of the fact that self defense there is actively discouraged, regardless of the written law. Had Mr. Halling been shot by an armed police officer in the same situation, I have absolutely no doubt that the officer would have been exonerated. Instead, Brett Osborne – convinced by his attorney to plead, just as Satpal Ram was convinced by his attorney to not to claim self defense – gets to spend five years in prison for doing the right thing.

And you know what I didn’t find in all that research? A single case of successful self defense that didn’t involve some sort of weapon.

But I found a lot of crimes committed by bad guys with knives, guns, and even a handgrenade.

Ladies and gentlemen of the jury, I rest my case. What say you?

The Philosophy CANNOT Be Wrong! Do it AGAIN, Only HARDER!

Ravenwood links to this news report under the heading of “UK still doesn’t get it

Blunkett orders overhaul of outdated firearm laws

The Government will attempt to tackle Britain’s gun culture with plans to be unveiled this week for an overhaul of outdated firearms laws.

Really? Outdated?

Let’s see:

1920 saw the introduction of registration of all handguns and rifles.

1936 saw the banning of all privately possessed fully-auto weapons and short-barreled shotguns.

As of 1946, “self-defense” was no longer an acceptable reason for issuance of a firearm license.

In 1953 the Prevention of Crime Act made carrying any “offensive weapon” in public a crime.

The Criminal Justice Act 1967 added shotguns to the registry. And jury trials no longer required a unanimous decision. (If they still did, Tony Martin, the farmer who shot two burglars – in the back – would never have gone to jail. His was a 10-2 decision.)

In 1982 reloaders and blackpowder shooters were made subject to warrantless inspection by police to “ensure safe storage.” Yup, the cops can come into the house without a warrant and inspect the premises.

In 1987 most semi-auto and pump-action shotguns and all rifles of these types were banned and (the legally-owned ones) confiscated.

In 1997 all handguns were banned and (the legally-owned ones) confiscated.

In 2004 a certain type of airgun has been banned. Possession of one without a license will now bring up to a 5-year sentence.

But England’s gun laws are outdated and in need of an overhaul.

Right.

David Blunkett, the Home Secretary, will publish a consultation document which is expected to lead to tougher restrictions on the sale and manufacture of replica firearms as well as new age limits on gun ownership, especially for airguns, starter pistols and shotguns.

What, no new restrictions on the few rifles still in circulation?

The consultation follows lobbying by the police and anti-gun campaigners who say Britain’s gun laws are confused, out of date and in desperate need of reform.

Meaning “It’s still legal for some citizens to own projectile weaponry! THIS MUST END!

Of particular concern are replica firearms which are popular with gun collectors and can be bought legally but are being converted by criminals into lethal weapons to fire live ammunition.

Next up: Zip guns!

Economics 101: Supply will always rise to meet demand.

Police say that the greatest increase in gun crime is linked to a rise in the use of imitation weapons and converted airguns. In London alone, at least 70 per cent of weapons now seized by officers are converted replicas.

Only because they’re the easiest to get – right now.

Last November, the All-Party Parliamentary Group on Gun Crime published a report calling for a complete ban on the import, sale and manufacture of replica firearms.

Remove the word “replica” from that sentence, replace it with “anything even resembling a” and you’d have the gist of the entire gun control movement.

There has also been a rise in attacks on people involving airguns. Last week, a firefighter was shot in the face by an airgun pellet as he drove a 24-ton fire truck along a street in Dumfries, Scotland.

And the airgun is obviously at fault, right? If the hooligan hadn’t had the gun, he wouldn’t have been tempted in the first place. It’s those evil brain-altering mindwaves that guns give off that cause these acts, after all.

Ministers have already brought in some measures to curb gun crime in Britain.

You don’t say! You mean, like that list I gave above that didn’t reduce gun crime a damned bit?

Last month, new anti-social behaviour laws came into effect which included a new imprisonable offence of carrying a replica gun in public.

I love that. Anti-social. What a lovely expression.

The legal age for owning an airgun has also been raised from 14 to 17 and it is now an offence to buy a weapon for someone under 17. But the ban on underage ownership only applies to Brocock-style airguns, which operate using a gas cartridge, and not to all types of airguns.

“Which must be amended, because we cannot have our youth corrupted by actually learning to shoot!”

A Home Office source confirmed that the consultation document would cover all aspects of gun-control legislation. “We will be seeking people’s views on all aspects of firearm legislation. We are looking at the whole issue, although replica and imitation firearms are of particular concern,” the source added.

Left unstated, however, is that people who legally own guns – that tiny minority – need not give their views. Their opinions are not needed or wanted.

Anti-gun groups have welcomed the planned reforms, which are the first major overhaul of firearms laws since 1997, when the Government introduced a ban on handguns after 16 schoolchildren and their teacher were killed at Dunblane primary school in Scotland.

I bet they have. Especially since the conclusion of the inquiry into the Dunblane massacre specifically recommended against the handgun ban that resulted. Note, please, that all the laws enumerated above did not prevent Thomas Hamilton from legally having the handguns he used at Dunblane.

Once again, it’s the gun that is at fault. Remove the guns and the problem will vanish, goes the philosophy.

The Gun Control Network, which campaigns for tighter arms control, said Britain lagged behind other countries because it did not have a universal age limit on people buying guns. “In our increasingly violent world we need to … tighten up on our gun laws,” said Gill Marshall-Andrews, chairwoman of the GCN. “The world-wide pressures are for … an increase in global gun violence.”

“Tighten up?” They’re so tight now you squeek when you walk. And now the push – lead by the UN – is for global gun confiscation control.

And the U.S. remains the evil poster-boy for it. Here we still give more than mere lip-service to the idea of a right to arms.

Barbarians.

But any restrictions on gun ownership are expected to face fierce opposition from the British Association for Shooting and Conservation, which represents gun enthusiasts.

Oh, right. They’ve been so effective in the past.

The cognitive dissonance here is really incredible to me. They’ve tried and tried and tried to reduce violent crime – specifically violent crime involving firearms, for over eighty years – and failed miserably. One definintion of “insanity” is doing the same thing over and over and expecting a different result. But the philosophy cannot be wrong! Do it again ONLY HARDER!

Gun Rights = Anti-Socialism

Ravenwood reports that, once again, the perpetually panty-twisted are up in arms over another “loophole” in Britain’s ever-more-stringent gun elimination control law (designed to make everyone safer.)

Gun law ‘loophole’

CAMPAIGNERS have called for a “loophole” in the law to be closed after the Manchester Evening News bought a potentially-lethal handgun – legally in a city centre shop.

On the same day new legislation on air guns came into force, we paid £200 ($358!) for a new German-made Walther CP88, a powerful airgun, which could maim or even kill within a distance of 10 metres. (That’s about 30 feet for us Yanks.)

The CO2 gas-powered gun – which is indistinguishable to the untrained eye from a genuine firearm – can fire off eight rounds in quick succession.

OOH! It’s a high-capacity “weapon of mass destruction!”

Bear with me.

Our purchase on Saturday just hours after new controls were introduced by the government.

(Um, that’s not a complete sentence in the English I learned. Poor editing?)

The Anti-Social Behaviour Act 2003 made it an offence to manufacture, sell, transfer or acquire air weapons that use a self-contained gas cartridge system to fire pellets.

The WHAT?

It’s anti-social to “manufacture, sell, transfer or acquire air weapons that use a self-contained gas cartridge system to fire pellets”?

Are we using the same language here?

For those of us who really believe that the evil that is socialism is spreading, that one sentence is a great big red flag waving in the wind.

It’s anti-SOCIAL, and the State cannot abide by behavior that is anti-social.

Firearms enthusiasts who already owned one were required to obtain a £50 ($90!) firearms certificate from the police by Friday, April 30.

Anyone now found with one of these guns could be liable to a minimum five-year prison sentence. But the Manchester Evening News has established that some potentially-lethal air guns can still be bought legally without checks or licences.

We bought the CP88 in T Stensby and Co on Shudehill. Their staff acted completely within the law as the .177 air gun falls outside the new legislation.

It is powered by gas cartridges which must be inserted into the handle and which must be replaced on average every 80 shots.

The air guns which are banned under the new law are designed with self-contained gas cartridges, which look like real bullets.

Once again the legislature passed a gun control law. Once again, the refrain from the gun-phobes is “IT’S NOT STRICT ENOUGH!!”

Disgusted

The “loophole” has infuriated anti-gun campaigners Mothers Against Violence, a group set up to fight the gang and gun cultures in south Manchester.

Spokesman Sheila Eccleston, whose son Dean, 24, was shot dead in Longsight on October 9, 2001, said: “I’m absolutely disgusted.

“I would like to see all these guns banned. We go into schools to tell kids about the dangers of the gangs and guns and what message does this give to them?”

It tells them, I would hope, that you’re horribly misguided at a minimum. But it’s nice to see another group come out and vocally advocate what we all know the leadership of the gun control groups here actually want, but dare not voice. (Except the Violence Policy Center – I will give them credit for being forthright about wanting to ban all handguns.)

Paul Kelly, chairman of the Police Federation in Greater Manchester, has called for a ban on the sale of guns like the Walther CP88.

“Anything designed to be an absolute replica should need a licence in the same way as a real firearm,” he said. “And so should any weapon that has working parts and can be converted to accept real bullets.”

As I pointed out before: That would be the license scheme that failed to reduce gun crime? That would be the license scheme that let the government know who owned guns legally but had no effect on those who had them illegally? That would be the license scheme that allowed the government to demand that all legally held handguns be handed in because they were banned? That would be the license scheme that didn’t prevent an increase in handgun-involved crime after the confiscation?

See the cartoon immediately below this piece for a visual representation of the goals of gun control groups. Here’s another sterling example.

Linda Mitchell, spokesman for the Gun Control Network, set up in the wake of the Dunblane massacre, said: “All air weapons are lethal, full stop. They are capable of serious injury and there have been deaths. We really need to see legislation that covers all air weapons.”

Now, shall we look at this engine of death and destruction?

Here’s a standard version:

Yup, looks very much like a real firearm. I can see some cause for concern, seeing as almost no one in England has any real experience with handguns with the exception of the military and police.

And criminals, of course.

Or it could have been the really evil 6″ barreled version with “compensator”:

That would surely make victims wet themselves at its mere appearance.

But here’s the specs on this “powerful airgun, which could maim or even kill” (which, by the way, sells for about $165 here in the States.)

Velocity, 4″ barrel: 380fps.

Velocity, 6″ barrel: 400fps.

If that’s not enough for you, this web page discusses how to wring every last erg of muzzle energy out of the gun. It’s obviously written by a terrorist!

Now, here’s some information on the various horrible projectiles fired by this awesome engine of destruction. The .177 caliber pellet comes in a variety of weights, ranging from about 6.5 grains (0.015 oz) to about 11.5 grains (0.026 oz) Yes, those decimal places are correct. Just to give you an idea, a standard paper clip weighs about 6.6 grains. Obviously the lighter pellets will be faster, the heavier pellets slower. They come in various shapes for different purposes:

The round one is generally known as a “BB” from “ball bearing.”

The size in the image is obviously not to scale. A .177 caliber pellet is (surprise!) 0.177″ in diameter. How big is that? Oh, about the size of the hole in a Cheerio cereal piece. The hole, not the Cheerio.

But a pellet that size, massing about as much as a paper clip, is supposedly lethal out of this infernal engine of mass destruction!

It is true that there have been deaths attributed to airguns, but not pipsqueak air pistols like these. No, the guns involved in fatalities are without exception much more powerful (and usually larger caliber) RIFLES that fire heavier projectiles at velocities in excess of 1,000 feet per second.

And even then it takes either an act of complete idiocy or an act of God to kill somebody with one.

As the commenters at Ravenwood noted, this reminds me of the scene in National Lampoon’s Vacation where Clark pulls a gun to get in to Wally World:

(John Candy) That’s a BB-gun. Are you kidding?

(Chevy Chase) This is a Magnum-PI.

(Candy) That’s an old wives tale Clark. It couldn’t even break the skin.

(Chase) Yeah it could, yeah it could. It could break the skin and start a very ugly infection.

And so could the Walther CP88.

But the English subject must fear these “potentially-lethal air guns” because the press says that it is so!

“England can do it! Australia can do it! WE CAN TOO!”

Not here.

Not if I have anything to say about it.

Stick a Fork in England. They’re Done

We locked you up in jail for 25 years and you were innocent all along? That’ll be £80,000 please

Blunkett charges miscarriage of justice victims ‘food and lodgings’
By Neil Mackay, Home Affairs Editor 3/14/04

WHAT do you give someone who’s been proved innocent after spending the best part of their life behind bars, wrongfully convicted of a crime they didn’t commit?

An apology, maybe? Counselling? Champagne? Compensation? Well, if you’re David Blunkett, the Labour Home Secretary, the choice is simple: you give them a big, fat bill for the cost of board and lodgings for the time they spent freeloading at Her Majesty’s Pleasure in British prisons.

On Tuesday, Blunkett will fight in the Royal Courts of Justice in London for the right to charge victims of miscarriages of justice more than £3000 (Almost $5,400) for every year they spent in jail while wrongly convicted. The logic is that the innocent man shouldn’t have been in prison eating free porridge and sleeping for nothing under regulation grey blankets.

Blunkett’s fight has been described as “outrageous”, “morally repugnant” and the “sickest of sick jokes”, but his spokesmen in the Home Office say it’s a completely “reasonable course of action” as the innocent men and women would have spent the money anyway on food and lodgings if they weren’t in prison. The government deems the claw-back ‘Saved Living Expenses’.

And this isn’t a new idea. They’ve done something similar before!

Paddy Hill was one of the Birmingham Six. He spent 16 years behind bars for the 1974 Birmingham pub bombings by the IRA. Hill now lives on a farm with his wife and children near Beith in Scotland. He has been charged £50,000 (That’s just shy of $90k) for living expenses by the Home Office.

It wasn’t until two years ago that Hill was finally awarded £960,000 in compensation. However, during the years since his release, while waiting for the pay-out, the government had given him advances of around £300,000. When his compensation came through, the £300,000 was taken back along with interest on the interim payments charged at 23% – that cost him a further £70,000.

One hand giveth, another taketh away.

“The whole system is absurd,” Hill said. “I’m so angry about what has happened to me. I try and tell people about being charged for bed and board in jail and they can’t believe it.

“When I left prison I was given no training for freedom – no counselling or psychological preparation. Yet the guilty get that when they are released. To charge me for the food I ate and the cell I slept in is almost as big an injustice as fitting me up in the first place.

Hell, when they released serial criminal Brandon Fearon, they gave him money so he could sue Tony Martin, the farmer who shot him when Fearon tried to burglarize Martin’s home.

“While I was in prison, my family lost their home, yet they get no compensation. But the state wants its money back. It’s like being kicked in the head when someone has beat you already.

“I have to put up with this, yet there has not been one police officer convicted of fitting people up. The Home Office had no shortage of money to keep me in jail or to run a charade of a trial.

“But they had enough money to frame me. Nevertheless, when it comes to paying out compensation for ruining my life they happily rip me to shreds.”

Hill is not leading the legal action against the government – instead he has handed the baton to another high-profile victim of miscarriage of justice: Mike O’Brien.

O’Brien spent 10 years in jail wrongly convicted of killing a Cardiff newsagent. His baby daughter died while he was in prison and he was charged £37,500 by the Home Office for his time behind bars.

Hill said he cannot lead the legal fight as the Birmingham Six have fought every legal action together, but now three of them are over 70 and Hill believes it is too much to ask them to join him in taking on the government yet again.

He said he was also worried about the compensation payments for the other members of the Birmingham Six being affected if they joined him in court against the government.

“The establishment hate me and people like me as we proved them wrong,” he said. “They either want to ignore us or hurt us.”

O’Brien took the Home Office to court last March and won, but Blunkett appealed the decision. On Tuesday, the rights and wrongs of the government policy will be decided at the Royal Courts.

I’m not taking bets on that decision.

O’Brien said: “Morally, the position of the government is just outrageous. It shows total contempt for the victims of miscarriages of justice. It makes me livid.

“I really believe if we win the appeal this week, the government is evil enough to take me to the House of Lords. They are trying to break us. I really think this is personal as far as the government is concerned.

“A government really can’t get much worse than this. But I am confident that we will win as the law and morality are on our side.”

Vincent Hickey, one of the Bridgewater Four who was wrongly convicted for killing a paperboy, was charged £60,000 for the 17 years he spent in jail. He said: “If I had known this I would have stayed on hunger-strike longer, that way I would have had a smaller bill.”

John McManus, of the Scottish Miscarriage of Justice Organisation, said: “This is reprehensible. How can we call ourselves a democratic, civilised society when our government is acting like this?

How can you call yourselves a democratic, civilized society when you deny people the right to defend themselves?

“The government seems intent on punishing innocent people. The state wants to be paid for making a mistake. It’s hard to believe someone actually thought this policy up. If you tell a child about this they will think it insane.

“Only a sick mind could have invented this policy, yet the government is fighting to retain the right to act like this. It is cruelty with intent. They seem to want to punish people for having the audacity to be innocent.”

The SNP’s shadow justice minister, Nicola Sturgeon, said: “This is outrageous. It is another assault by Blunkett on the rule of law and on civil liberties. These people didn’t chose to go to prison. They were wrongly convicted, and to charge them for it beggars belief.”

The Home Office said an “independent assessor appointed by the Home Secretary takes into acccount the range of costs the prisoner might have incurred had they not been imprisoned”. The spokes man said the assessor was “right” to do this, adding: “Morally, this is reasonable and appropriate.”

I suggest that, if the Home Office really believes this then their “moral compass” is spinning wildly.

‘I was a hostage, now they are billing me’

ROBERT Brown was just a 19-year-old from Glasgow when he was jailed for life for murdering a woman called Annie Walsh in Manchester in 1977. He served 25 years before he was finally freed in 2002, when the courts ruled him innocent of the crime.

He is now facing a bill of around £80,000 for the living expenses he cost the state. For Brown, it is the final straw. An interim payment he was given pending his full compensation offer is exhausted; his mother recently died; his relationship with his girlfriend has fallen apart and he is facing eviction from his home following a mix-up over benefits.

“I feel like ending my life,” he says. “I’ve tried to maintain my dignity, but the state has treated me with nothing but contempt – now they are asking me for money for my bed and board in jail.

“I never contemplated suicide once while I was in prison, but it’s different on the outside. I have received no counselling or support. Society is treating me like something you’d wipe off the bottom of your shoes, but I’m an innocent man and a victim of a terrible injustice.

“It’s horrific. I’ve been out of jail for 14 months and in that time the state has put me through a war of attrition that it never needed to conduct. I feel my life is disintegrating around me.

“Making me pay for my bed and board is abhorrent. I was arrested, fitted up and held hostage for 25 years and now they are going to charge me for being kept as their prisoner against my will.

“Can you think of a more disgusting way to abuse someone? I really feel that my heart is truly and finally broken.”

First disarm them, then enslave them, right?

I Knew Most Brits were Gun-Fearing Wussies, but THIS is RIDICULOUS

According to the British paper The Daily Mirror:

MOST TERRIFYING GUN IN THE WORLD SEIZED

Let the Fisking begin! MOST terrifying weapon? It’s a damned 9mm!

THE first fully automatic handgun to surface in the UK – capable of firing 1,100 rounds a minute – has been seized in a police raid.

It is a Glock 18, banned from sale in the US and described as a “monster of a weapon” that fires bullets with the intensity of a high- pressure water hose.

Ooookay. It’s a 9mm handgun (last seen in the 2nd installment of The Matrix trilogy, I believe). And it’s somehow more dangerous than Eastern-bloc AK-47’s that have hit the streets in England?

The ultra-light, Austrian-made gun was discovered in a swoop on the home of a suspected Yardie gangster. Scotland Yard has issued a nationwide alert as they try to find the owner and establish how the weapon got into Britain.

Um, it was smuggled? It’s a handgun. You know; small, concealable. It probably came across on a ferry or through the Chunnel in a box.

It’s not like it’s hard to do.

A Met firearms expert said: “It’s extremely worrying that such a weapon is here. I can’t stress enough just how dangerous this gun is.

Why? You’ve got thousands of other guns, up to and including real assault rifles running around. I’d be far more worried about them.

“If it was fired on the streets of London by someone unused to its immense firing capability, there could be a massacre.

With a 33-round magazine you’re looking at throwing three more rounds downrange than an AK could, and they’d be 9mm rounds, far less dangerous than 7.62×39. You know, the gun that was used to kill Charlene Ellis, 18, and Letisha Shakespeare, 17, on New Year’s day 2003 in London. I think you overestimate its capability.

“Why even a criminal would want to own such a gun is beyond me. It would probably bethe ultimate in gun status-symbols.” The Yard has warned front-line officers about the discovery, which followed a a raid on a residential address in Norwood, South East London.

WE HAVE A WINNER! Ever since they outlawed handguns, they’ve become criminal status-symbols – worn as “fashion accessories” by all the best-dressed thugs.

A force internal report said: “This is the first weapon of its kind to be seized in the UK. It is not issued to any agencies in the UK and is believed to have been imported from the US.”

Right. Got to be our fault, we’re gun-worshipping monsters.

The report said the Glock can fire “armour-piercing ammunition”. It has a compensation device to keep it straight during firing.

*SIGH* Sweet jebus. Armor-piercing ammo? What can’t fire “armor-piercing” ammo? But I suppose whoever smuggled the Glock 18 in also snuck a containerload of Black Rhino ammo, too? How much hysteria can one column generate?

SAS officers use the gun in combat with a 19-round magazine. Israeli security forces and Germany’s GSG-9 anti-terror unit also carry it.

What?!?!? You mean there’s a legitimate use for this engine of destruction?!?!?

British armed police use the semi-automatic Glock 17, also a favourite with criminals.

Pretty damned popular with police, citizens, and criminals here too. Very reliable, if you’re into tactical tupperware.

America banned its import in 1986. US arms expert Walt Rauch said: “Shooting the G18 full-auto is just like turning on a high-pressure hose,”

A high pressure hose that puts out for 1.0 second with a 19-round magazine. Now, reading this, do you assume that the U.S. banned this specific weapon? Or are you aware that in 1986 a law was passed making it illegal to import or manufacture domestically any full-auto weapon for civilian sales? (Employees of the .gov are exempted from this prohibition. They get all the neat toys.)

Det Insp Martin Ward said: “This is something of a monster of a weapon. We are appealing for anyone to come forward in the strictest confidence with information.”

The gun should have a serial number. If it does, you will know when it was manufactured, and where it was sold. If it was originally manufactured as a full-auto Glock 18, and it was sold in the U.S., there will be a paper-trail. If it was sold into Europe, there ought to be one.

What’s the problem? And why are your panties in such a bunch?

Edited to add: You want to see what I think is scary?

Something Else You Don’t See in England

Via Instapundit comes this story of {tongue-in-cheek}”vigilantism”{/tongue-in-cheek}:

Teenager’s action wins praise

A 14-year-old Miamisburg girl is being commended by Miami Twp. police for her quick thinking and bravery in helping a group of residents make a citizens arrest.

Morgan Ruppert spotted a purse snatch suspect running in her direction, being chased by a group of residents, when she instinctively ran toward him. She reached out and grabbed at the purse strings of the stolen purse, and gave the running man a hefty kick in the shins.

It caused him to trip, and he fell to the ground, where the men chasing him pinned him down and held him until police arrived.

Outstanding. And there’s more!

(Maj. John DiPietro, deputy police chief of Miami Township) said he recognizes the action of the residents involved as a “result of the terrible tragedy of Sept. 11, 2001.

“When those folks took over in that airplane and stopped the hijackers, I think it triggered something in a lot of good people,” DiPietro said. “I think there is a feeling now that criminals are not going to be tolerated. People are fed up and feel they are not going to let this happen.”

But…

DiPietro said residents should never put themselves in danger.

“It is an individual choice — how active you want to respond,” he said. “But you are also of help when you are a good witness. When you call 911 to report suspicious activity and when you provide us with a good description, then you are helping a lot.”

In other words, “Don’t defend yourself or others. You’re not qualified.” It IS an individual choice, and putting one’s self in danger to stop crime is one of those choices. Why do law enforcement representatives constantly tell us not to resist?

Contrast this to the responses to this Joyce Lee Malcom article advising England that they need more guns. (Hat tip to the Geek with a .45) For example:

I find this notion ludicrous. We do not need a nation of armed vigilantes (potential or otherwise) to ensure the peace, but rather active citizens who are willing to stand together against crime in their neighborhoods and cooperate with local authorities to apprehend criminals. This is the way to reduce crime. To draw a link between gun ownership and an overall drop in crime in the US is spurious and the article does not have enough evidence to point to a causative relationship between the two. – Sean Aaron

And why doesn’t England have “active citizens who are willing to stand together against crime”? Because doing so runs the risk of prosecution for the use of excessive force, maybe? Because the Brits have been told for so long that they’re not qualified or authorized to?

Maj. DiPietro might be correct that 9/11 has inspired more people to actively resist crime, but this kind of thing wasn’t unheard of even prior. And while Ms. Malcolm’s prescription is not without serious side-effects, I think she’s right when it comes to violent crime. And I think this guy has his head up his posterior:

I have no problem with responsible gun ownership, but lets face it, most people are not responsible enough to own and operate a gun in safety. Gun ownership is not necessary in a society that informs on criminals and helps the police to root out crime in the neighbourhoods. – Greg, Canada

Really, most people?

One of the problems in England is that people who “inform on criminals” and “help the police root out crime” tend to be seriously victimized by said criminals, and the cops are pretty much powerless to stop it. On top of that, defending yourself from the thugs can get you in deep water there, as in the case of Martin James. If I recall correctly, Mr. James killed himself the day before he was to appear in court.

Here, at least, we’re still allowed to defend ourselves.

UPDATE:  As of August 6, 2013, due to the herculean efforts of reader John Hardin, the original JS-Kit/Echo comment thread for this post (read-only) is available here.

England Slides Further Toward Bondage

Remember the Tytler quote?

A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves money from the public treasure. From that moment on the majority always votes for the candidates promising the most money from the public treasury, with the result that a democracy always collapses over loose fiscal policy followed by a dictatorship.

The average age of the world’s great civilizations has been two hundred years. These nations have progressed through the following sequence: from bondage to spiritual faith, from spiritual faith to great courage, from courage to liberty, from liberty to abundance, from abundance to selfishness, from selfishness to complacency from complacency to apathy, from apathy to dependency, from dependency back to bondage.

Well, it looks like they’ve taken another step along the path.

Britain OKs Jeopardy Law Reform

The British Parliament on Thursday approved legislation to overturn “double jeopardy” protection for offenses such as murder, rape and armed robbery.

The centuries-old legal rule prevents suspects from being tried twice for a crime, and it is enshrined in the legal codes of many of Britain’s former colonies, including the United States.

Under the Criminal Justice Bill, introduced by Prime Minister Tony Blair’s government last year, a person acquitted of certain serious offenses, including rape and murder, would face a second trial if compelling new details, such as DNA evidence, come to light.

The legislation, hailed by the government as the biggest reform of Britain’s criminal justice system in a generation, now needs only royal assent, which is virtually automatic, before it becomes law.

And why are they doing this? Because England has the highest rate of violent crime in the Western world. Because you are far more likely to be a victim of crime in England than anywhere else in Europe. And why is that? Because Britain’s liberal courts don’t see the judicial system as a tool for punishing criminals, but treating them. Because the police are overwhelmed and the citizenry is powerless. Because nobody wants to be a witness. It’s so bad that the police are not reporting crime in an effort to make things look better than they are. Video surveillance cameras, in an eerie 1984 parallel, are going up all over England – to make the subjects safer, you see. Now they’re trying to introduce a national ID card. Individual privacy is becoming a thing of the past – if you’re a law-abiding subject.

Here’s the image of England today:

Make the People powerless. Make them dependent. Pass more and more and more laws, each stripping the law abiding of more of their rights, all in the name of “public safety.” Allow government to acquire more and more power – also in the name of “public safety” – all the while not providing public safety. As Mencken put it:

All government, of course, is against liberty.

and

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

Except in this case, the hobgoblins aren’t imaginary, which I think makes it worse.

In my humble opinion, this dates back (at least) to the end of World War I. In 1900 the government of England still trusted the people to be their own guardians. Prime Minister Robert Gascoyne-Cecil, the Marquess of Salisbury, said in 1900 that he would “laud the day when there is a rifle in every cottage in England.” But in 1903 England passed its first gun control law. A minor one, simply requiring an easily acquired permit to purchase a handgun, and restricting the age of purchasers, but it was the first toe over the slippery slope. In 1919, in fear of anarchists and communists, England passed its first sweeping gun law – as a crime control measure – even though crime involving firearms was rare as hen’s teeth. You could only have a handgun or a rifle if you showed “good reason” to have one. (Sound familiar?) So much for “a rifle in every cottage” being a laudable goal. The descent had begun in earnest.

In 1936 short-barreled shotguns and fully-automatic weapons were outlawed – not regulated as they are here, outlawed. The reasoning? Civilians had no “legitimate reason” for owning them. Another slide down the slope. The reasoning had changed from the government needing to show reason for the restrictions to the people needing to show reason to exercise the right, to government telling them that there was no acceptable reason.

The English Bill of Rights stated “That the subjects which are protestants, may have arms for their defence suitable to their conditions, and as allowed by law.” Sir William Blackstone, commenting on this in his Commentaries on the Laws of England said:

“THE fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W. & M. ft. 2. c. 2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.”

Whatever happened to the “natural right of resistance and self-preservation”? Have not the “sanctions of society and laws” been proven “insufficient to restrain the violence of oppression”? And I’m just talking about the criminals, not the government.

In 1936 the British added a “safe storage” requirement for all handguns and rifles. (Sound familiar?)

As a result of the 1920 restrictions, not only didn’t England have “a rifle in every cottage,” they didn’t have many rifles period. In 1940 England was in danger of being invaded and begged America to send it rifles with which to defend its shores. And we, American private citizens, sent them. Rifles, shotguns, and pistols.

But at the end of the war the English didn’t get to keep them, and we didn’t get them back.

In 1946 self-defense was no longer a “good reason” to have a firearm. The slope got steeper.

In 1953, carrying a weapon for self-defense was made illegal. Any kind of weapon.

In 1967 the law was amended to require a license to own a shotgun, and jury trials no longer required a unanimous decision.

In 1982 reloaders and blackpowder enthusiasts were made subject to police inspection without a warrant to ensure “safe storage” of the reloading materials. In other words, agents of the government, without a warrant, could come into ones home at any time, without warning.

In 1988 all semi-auto and pump-action rifles were banned. By this time there weren’t many rifle owners anyway, but that didn’t matter. The personal property of law-abiding subjects was, once again, made illegal. And they were all registered – that is, the ones belonging to the law-abiding.

In 1996 all handguns were banned. And they were all registered… Well, you get the point.

Also in 1996, carrying any kind of knife was made illegal – unless you could prove you had a good reason for having it. The presumption of innocence was gone.

Defending yourself in England has become progressively more and more risky, as you stand a very good chance of being prosecuted for use of excessive force. You cannot carry a weapon when out in public, and you cannot use a firearm in self-defense in your home. The law has made crime safe for the criminals. It’s no wonder that crime in Britain has been on the climb since the 1950’s.

Am I suggesting that this has been some nefarious plan all along to strip the British of their rights and bind them into slavery? No I am not. I’m suggesting that this is a cycle of human behavior – long recognized – that we should be paying attention to and trying to break. We know what government does: it acquires power at the expense of the governed, for good reason or bad. And it does it slowly, almost imperceptibly, because we never believe that each “next step” is leading where we’ve been told it always leads. “Not this time,” we think. “We know better.”

Yeah?

Ask the English.

How long before we follow them?

The Brits Remain Clueless About the Failure of Gun Control

The Brits Remain Clueless About the Failure of Gun Control

At least according to this BBC report. They blame the internet and the postal system as a source of guns (which it very well may be, but how big a source?).

There are lots of interesting links on that page too. Like this one about the recently ended “gun amnesty” where some 43,908 guns and 1,039,358 rounds of ammunition were handed in.

Now, understand that all legally owned firearms and ammunition are registered. All handguns are banned.

And 43,908 firearms (no information, but you can bet very, very few were registered) were turned in.

And we’re supposed to believe that they were turned in by violent or potentially violent criminals. But according to this story, it didn’t affect the inner cities – which is where the violence is occurring.

So this tells me a couple of things: One, there are a lot of people in England who have (or did have) illegal guns and ammunition, so there is or was a significant amount of civil disobedience regarding these laws. Two, these people aren’t the ones the government needed to worry about. The people the government needs to worry about didn’t hand their guns in.

There were also some interesting bits of data provided in an internal link. I will present them below without comment:

Well no more comment than this: Gun control does not disarm those people willing to commit violent crime. It only disarms their potential victims.

UPDATE: Ravenwood notes that the Brits are also blaming Ebay.

England: Defend a Loved One, Go to Jail

Submitted without comment (for now):

Teenager jailed for knife attack

A TEENAGER who slit the throat of his mother’s violent lover was today starting a two-and-a-half year prison sentence.

One of Alex Court’s jugular veins was cut when 18-year-old Benjamin Gunton sliced open his neck with a knife.

He had turned on Mr Court, 37, who had numerous convictions for violence, after seeing him attack his mother, Norwich Crown Court heard yesterday.

Gunton, of Chestnut Court, Norwich, was sent to a young offenders’ institutions for 30 months after admitting causing grievous bodily harm with intent.

Passing sentence, recorder Alistair Wilson, QC, said: “The cut to his throat could well have killed him.

“It opened one of his jugular veins, but fortunately he survived. It is obvious this was as serious an assault as one can possibly imagine.”

Prosecutor Jonathan Seely said at the time Gunton, his four siblings, his mother Sheryl Barber and Mr Court were living in three rooms at the Sandcastle Hotel in Great Yarmouth.

On February 2 Gunton, who had been drinking for most of the day, was told by other residents that Mr Court was attacking his mother in their room.

When Gunton went into the room, Mr Court was hitting his mother across the face and had her pinned her on the bed.

Mr Court then moved towards him and Gunton said he feared he was about to be attacked too, so he used a knife to inflict a 10cm cut to Mr Court’s neck.

Mr Court lost a lot of blood at the scene and was taken to the James Paget Hospital in Gorleston.

He underwent an operation on his severed external jugular vein and his wounds were stitched and stapled. He was in hospital for three days.

Luke Brown, for Gunton, said he has a difficult family background and had witnessed his mother being abused by previous partners.

He added Mr Court had numerous previous convictions for violence and was acting aggressively when he was attacked.

The court was told Gunton’s previous offending involved dishonesty in order to feed a £60 a week heroin habit he had when he was young, but he had since weaned himself off drugs.

OK, ONE comment: This is JUSTICE?

UPDATE:  As of August 6, 2013, due to the herculean efforts of reader John Hardin, the original JS-Kit/Echo comment thread for this post (read-only) is available here.