Posted on Aug 23, 2019
A Michigan Court Case Shows the Right of Armed Self-Defense Is Broader Than You Might Think |...
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That is promising news my friend SGT (Join to see) that on Thursday August 22, 2019 "the Michigan Court of Appeals handed down a decision in a highly public and very controversial case that gun owners across the United States should applaud. In short, it demonstrates and validates the value of armed self-defense even when you do not pull the trigger and — crucially — have no cause to pull the trigger. It justifies the brandishing of a gun as pre-emptive measure to block the use of unlawful force."
"At its heart is a dispute between Siwatu-Salama Ra, an African-American concealed-carry permit holder from Detroit, and a woman named Channel Harvey. Ra was put on trial for assault with a dangerous weapon and possessing a firearm while committing a felony after she brandished her unloaded pistol at Harvey during a heated confrontation outside Ra’s mother’s house."
I am glad that " the Michigan Court of Appeals threw out [Siwatu-Salama Ra's] conviction. It didn’t hold that the jury got the outcome wrong but rather that it didn’t have a true opportunity to get it right. It was improperly instructed on the law, and the trial court placed too high a burden on Ra to justify her decision to brandish her weapon.
The jury was instructed only on the affirmative defense of self-defense through the use of “deadly force.” To prove that deadly force was appropriate, a defendant has to prove that she “reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.” (Emphasis added.)"
"At its heart is a dispute between Siwatu-Salama Ra, an African-American concealed-carry permit holder from Detroit, and a woman named Channel Harvey. Ra was put on trial for assault with a dangerous weapon and possessing a firearm while committing a felony after she brandished her unloaded pistol at Harvey during a heated confrontation outside Ra’s mother’s house."
I am glad that " the Michigan Court of Appeals threw out [Siwatu-Salama Ra's] conviction. It didn’t hold that the jury got the outcome wrong but rather that it didn’t have a true opportunity to get it right. It was improperly instructed on the law, and the trial court placed too high a burden on Ra to justify her decision to brandish her weapon.
The jury was instructed only on the affirmative defense of self-defense through the use of “deadly force.” To prove that deadly force was appropriate, a defendant has to prove that she “reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.” (Emphasis added.)"
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