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July 8, 2022 - Lionel Nation
16:43
The Rudiments of Citizen Self-Defense
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The law of self-defense.
When can you use deadly force to protect yourself and your family and your home and your hearth?
When can you use deadly force in self-defense?
When are you able to use this right, natural or statutory, to avoid criminal prosecution, arrest, and losing everything in defending yourself in a criminal action or a civil action where you basically defended yourself, where you did nothing wrong?
What are the rules?
What are the absolute rules that will always get you out of a jam every single time?
Well, I have a very simple rule that explains everything.
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I have been a licensed lawyer for 39 years.
I was a prosecutor, defended, and I'm still currently licensed to practice and practice.
And the question that comes up more than anything else, especially now in view of the Supreme Court case regarding permit requirements and the like, is when can I use deadly force?
Force which is likely to cause death, great bodily harm, disfigurement.
When can I use it to protect me and my family or others in a way?
That will guarantee that I'm always in their right.
That I'll never be prosecuted.
That I'll never be charged.
That I'll never be sued.
The answer is very simple.
This is the answer to every single legal question and scenario I have ever been asked in my entire professional career.
It's very simple.
This is the answer.
It depends.
There is absolutely no certainty whatsoever that you're not going to meet an idiot cop Or a good cop.
Or an idiot jury.
Or a good jury.
Or a case that is surrounded, surrounded in controversy.
That's in the news, where you become somehow some symbol of something.
What if you're in a jurisdiction like New York where you've got Alvin Bragg, or you're Gascon, or one of these Soros-backed prosecutors?
Good luck!
I can tell you the rules, and I will.
The factors that are involved have really nothing to do with the law, and that's the worst part, because there is, simply put, no automatic algorithm where you take these facts, put it into the machine, and you get this result.
It doesn't work that way.
But I'm going to give you the overview and the way it's supposed to work, the way it's theoretically supposed to work.
Yes, there is a right to self-defense.
And that right to self-defense is dependent upon where you live, your state, the jurisdiction, case law.
What have previous appellate courts said or ruled regarding this?
That's the issue.
Depending upon where you are.
But here's an overview.
Whenever you use self-defense, the first thing The thing you have to remember is it is not a subjective test, but an objective test.
What does that mean?
If you were put in a position where you reasonably believe that great bodily harm, disfigurement, death, that they are imminent, unless you do something, unless you defend yourself.
Unless you can show that, you cannot use deadly force.
If you can show that effectively, theoretically you can.
Now I said, it's an objective test.
It's not what you think.
Well, I thought he was going to kill me.
What?
Well, I've known him and he can get pretty violent.
He didn't do, he didn't even move.
Yes, but I know him.
No, no, no, no.
That won't work.
How about this?
Why did you shoot this man?
Because he pulled a gun on me and pulled back the trigger and said, quote, I'm going to kill you now.
That's a good one.
That's a good one.
That certainly satisfies the subjective test, which we don't care about, and the objective test.
And the other thing, you have to always make sure that the level of force that you use rises to the level and does not exceed that of the individual.
If somebody says, hey, I don't like you.
Bang!
Wait a minute.
How were you put in fear, reasonable fear, of immediate death disfigurement?
Well, what if it's Mike Tyson?
See, every time I give you a rule, there's a twist to it.
This is like law school.
This is like the Socratic method.
I say this, yeah, but what about this?
What if you were the most unsympathetic defendant anybody's ever seen and the jury just hates you?
The circumstances, the elements, if you get to the jury trial level, if it even goes that far, and you better hope to God it doesn't.
Hope to God that some rational prosecutor says, I'm not going to.
Risk my own political career by prosecuting somebody who clearly defended their home, hearth, and family?
I don't know about that today.
But the idea is that if you are in a position where it is deemed reasonable, you can use deadly force.
And does that mean you're not going to be arrested?
No!
We have an old expression.
You can beat the rap, but you can't beat the ride.
Does that mean you're not going to be charged?
No!
Does that mean you're not going to be indicted to go to a grand jury?
No!
A grand jury, what did they find?
Probable cause.
If they find probable cause that it was committed, they issue a true bill or indict you.
As the great Saul Walkler said, a good prosecutor can indict a ham sandwich.
And what does probable cause mean?
He probably did it.
My favorite definition.
There's a lot of uncertainty here.
And we also talked about places.
If you're at your home...
And I'm not going to have this be an exhaustive tutorial on self-defense.
But let me tell you something.
When you are in your home, your castle, you have no duty to retreat, which is another little wrinkle.
And I can't tell you enough.
You better know your state, your jurisdiction.
You better know what that law is.
You better know specifically.
Because you're charged with that.
And don't give me that, well, I'm not a lawyer.
Tough.
Because, like it or not, whether it's your right or not, and it is, once you engage a firearm, it's a whole new world.
Now, once you are threatened with great bodily harm, death, disfigurement, it's a whole new world too.
But it's a balancing act.
And what is happening right now is specifically this.
You're having more and more prosecutors, Politicians and people who are themselves living well-guarded, themselves armed, who don't know the slightest part of living in the real world, who are so surrounded, who live in an inertia bubble, all of a sudden saying things, you know, you don't really need to do that.
You know, you don't need these automatic weapons.
Look at the name of the weapon.
Automatic?
Machine guns?
And what are you talking?
Well, you know what I mean.
These assault weapons.
What assault weapons?
Well, you know, scary guns.
An assault weapon with a bayonet, lug, retractable stock?
You mean that?
Do you know what an assault weapon is?
And a weapon better be assaultive or else it's a stick.
That's right.
It doesn't make any sense.
And I love this one I heard the other day.
You know, the main intention of a weapon, of a firearm, is to kill.
Yes.
Yes.
I, I, yes.
If it doesn't kill, it's a stick.
It doesn't work.
Whether it's hunting, you can say target practice, does that, do you have to kill the can that you plink?
Stop with this foolishness.
The reason for a gun, a rifle, a revolver, a pistol, is to kill.
That's what it does.
I don't know where you've been.
I'm sure you're a rational adult, and this doesn't surprise you, but that's it.
But you've got people second-guessing you.
How dare you?
How dare you defend yourself?
How dare you?
Now, the Second Amendment, let me tell you something right now.
This...
The drafters of the Constitution in the Second Amendment used a language which vaguely resembles English, using terms about it, militias, but it has been established.
In Heller, you have the right to possess, to bear weapons.
And the governments right now are doing everything in their power to limit, to remove.
To abrogate, to suspend, to destroy your ability to use reasonable methods, namely the firearm, to protect yourself.
Now let me just say something.
If you have the slightest sense of indecision, uncertainty, please, do not even think about possessing a firearm.
This is not for everyone.
It is not something that you have to do.
But if you do, there are plenty of classes, tutorials available.
You must be conversant with your weapon.
You have to know how to clean it, how to point it, how to shoot it, how to load it, how to find it when you have to find it, when you have to use it.
Do you have children around?
Remember the liability.
Remember the civil liability involved when you have a weapon.
What is the ammunition?
Do you live in an apartment if you start firing and it goes through a window?
Do you know the various scenarios?
What happens if somebody's standing in your living room?
What happens?
What do you do?
Can you shoot them?
Can you kill them?
Can you fire them?
How would you be able to explain this?
Remember the old expression, I'd rather be tried by 12 than carried by 6?
And there's all these pithy and cute things.
But this is a very, very serious endeavor in which you have the constitutional and natural right to pursue.
And I don't want you to be frightened by this, but understand that you have another threat.
You have the threat of criminals, and all you have to do is just look around to see that one.
But you also have the threat of individuals who have been elected who seem to think it is their duty to strip you and deprive you of every rational...
reasonable means and implementation of the use of devices, namely weapons, firearms, guns, They're trying everything in their power.
They're trying to use every tragedy, every bit of lunacy, everything to focus specifically on the means, the instrumentation, the instrumentality, as you see, namely the gun.
And the ultimate gain, or goal, I should say, of disarming you, disarming the public.
They would love, more than anything, to abrogate, to rescind and overturn, and to repeal the Second Amendment.
Now, you may think this is hyperbole.
You may say, oh, this guy's crazy.
I'm not crazy.
I know exactly what I'm talking about.
And if there is one thing, Absolute, guaranteed right that you have.
A right so inexplicably connected to existence, you don't even have to say it.
It's the right and the ability to protect yourself and your family from people who wish you harm.
That is a given.
But understand, when you engage in this, and it may not even be your fault, You did nothing.
Somebody bothered you.
Somebody accosted you.
Somebody threatened you.
And this procedure starts.
I hope this never, ever happens to you.
Because you will find out right now, what country am I living in?
What did I do wrong?
I defended myself.
Why am I in jail?
Why are they threatening me with prison?
Why am I being sued?
They came to me.
Look at this bodega.
An employee in New York.
He defended himself.
They put him in Rikers.
What did he do?
Look at it.
What did he do wrong?
They've got the videotape.
There it is.
But if you have a prosecutor, somebody Soros appointed, somebody similarly inclined, justice has nothing to do with reality.
We're going to talk more about this.
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