PERSONAL AND FAMILY SAFETY AND THE LAW
THE POLITICS OF STAYING ALIVE IN AMERICA
By Gordon Duff STAFF WRITER
A discussion of “gun control” or “ammunition shortages” belongs some place else. Laws vary too much, from state to state and each individual needs to know the laws of their own state and even own city. This is wrong but it how things are. Only recently, we got back the right to be armed in National Parks. That there was a debate about that at all is insane.
Most of us who collect guns, or weapons of all kinds and are police and military trained shooters with martial arts experience and follow NRA publications are well versed but not always properly informed. I want to thank my friends, Fred Coward and Dr. Phil Hayden, founders of the FBI’s Hostage Rescue training center in Quantico and Lt. Col. George McClory of the US Special Forces for their hours of discussions on these subjects.
This is a controversial issue, not because of politics, but because guns, too often, kill family members and not criminals. Weapon ownership is a right, certainly and guns are tools. I don’t give kids a chain saw. We are going to start with home defense:
HOME DEFENSE POLICY
1. I am going to assume that we know the perimeter of our homes, where people can break in unseen, where lighting is needed and that we have the best doors and locks we can afford. I will also assume we have normal fire/smoke/CO2 detectors and, perhaps even an alarm system. I am not going to discuss duct tape, anthrax shots and illumination flares.
2. We have a national debate about trigger locks, gun safes, lock boxes, safety catches on guns and a dozen other issues. You know who lives in your home and, for certain, children can’t have access to weapons. On the other hand, keeping weapons as a mystery and not teaching proper weapons safety to a child, based on maturity (ADHD or ADD children are a special “requirement” when considering home gun safety), encourages children to teach themselves, often with unpleasant results.
3. Guns, drugs, alcohol, depression and PTSD don’t mix. In a home where these risk factors may endanger any family member, a “no gun” defense scenario should be considered. PTSD alone, when good medical care is available and a supportive family is around is a minimal factor. Add unemployment and family strife and we are building a “non gun” home.
BASICS OF DEFENSE
1. IN THE HOME:
a. You have a right to defend the inside of your home, not your yard. Don’t bet years of your freedom on a local grand jury and the color or religion of someone you just shot.
b. Don’t accidentally shoot your family members through disorganization, panic or “too much gun” (discussed later). Make a plan, have a command structure remember to keep everyone in the home informed.
c. Dial 911. Inform them you have an intruder in your home and YOU ARE ARMED. Make sure someone stays on the line with 911.
d. Announcing you are armed ( a shotgun does that very well when a round is chambered) is often advisable. Always let an intruder flee. Don’t be in a hurry to get into a home “gunfight” with an armed intruder. Protect your family first and then make the best decision you can. Buying insurance is always better than having a bullet removed from your spine.
e. Check policy in your own town on this. Generally, if you are armed and confront someone in your home, you are only safe to shoot them if you have reason to be afraid. Anyone who approaches you in your home while you are armed is a danger. This varies tremendously from state to state.
f. You have to consider these things: Do I have illegal drugs in the house? Is this gun owned legally? Am I a convicted felon? Is the intruder likely to be someone I am involved in shady business with? THESE ARE THE AREAS WHERE YOU FACE JAIL TIME FOR DEFENDING YOUR HOME, EVEN IF YOU FOLLOW ALL THE REST OF THE RULES.
2. AWAY FROM THE HOME:
a. In general, you can travel, stay in hotels or, in most places, camp while armed. Anywhere you are sleeping while traveling/vacationing is your “leasehold” or your home. Some weapons are not allowed in some states. California has may restrictions, as does New York and Washington DC. Check first on the internet for individual laws. That 11 round clip in your 9mm may not be legal.
b. Unless you have a concealed carry permit, do not carry a loaded weapon in your car. Don’t carry an unloaded weapon in the passenger compartment. Make sure any area you travel in has full reciprocity on your weapons permit. Laws vary from state to state in insane ways, too often dependent, in reality, on your ethnicity, how nice your car is and how credible you seem. Don’t bet your freedom on any of these issues. Consistent and sane national laws that allow responsible people to protect themselves without fear of imprisonment would be nice. It is not here yet and may never be.
c. Canada, Mexico and airports are off limits for guns. You can’t even have them in the car.
WEAPONS CHOICES
We all know that taking a knife to a gun fight means you lose. However, pepper spray is, in general, the first weapon of choice. Like a gun, it can be taken away from you, but your own likelihood of using this without fear or moral consideration is far higher. In general, it is legal in almost all localities. Check about yours. It works, but only on the face.
Stun guns, and there are many types on the market, are often illegal and may not penetrate clothing. If this is legal in your area and you are competent to use such a device, consider it. Stun guns can cause “bad press.” Bad press brings on prosecutions and very expensive legal bills.
The old baseball bat, police baton or machete are all legal in your home but of limited use. Away from home, they are illegal unless the bat is with a ball and glove.
Knives are only useful to trained professionals. Nobody needs to inform a trained professional what type of knife to use. Number 1. on every list is the Kershaw Ken Onion. Check to see if this is legal in your area. Police love measuring knife blades.
GUNS
Guns come in three basic categories, pistols, shotguns and rifles, Each has many subcategories. Off the bat I will tell you that the more “military” your home defense weapon looks, the more likely you are to be in the newspaper under the headline; “MACHINE GUN TOTING MANIAC KILLS LOCAL TEEN”
HOME DEFENSE GUNS:
PISTOLS and AMMUNITION
1. Calibers are critical in the home. A .22 can kill but has little stopping power. It should not, however, be underrated. Top on my list is the .380. It is easy to control, has moderate stopping power and won’t shoot thru too many walls. This round is only for select automatic weapons and is a standard police round in Europe.
The .45 ACP is another round for automatic (really semiautomatic) pistols. This has more “kick” and tremendous stopping power. Nobody gets hit twice with one of these. It was the choice of our military for nearly a century and, I suspect, will be again.
The traditional .38 is a round used in revolvers. These pistols have some clear advantages. Special home defense ammunition is available with maximum stopping power and limited penetration.
Most weapons in America are 9mm. Standard 9mm pistols have plenty of stopping power but too much penetration. Home defense ammuntion should be used.
Other calibers from the small end, .25 and .32 (765mm) auto can be effective. Larger hunting calibers like .357 magnum or the .44 magnum (or the newer larger calibers) are a poor choice.
PISTOL SELECTION:
1. Ease of handling and pointing ability is tops. Ease of loading and dangerous weapon features like safeties, can be a liability. Revolvers and double action automatics are the only consideration. Single action automatics can only be fired with the hammer manually pulled back. In times of stress, this causes furniture or ceiling damage, at best.
2. Non-bulky weapons like smaller revolvers or the Walther PPK are outstanding. Many others work well, but, frankly, less well.
SHOTGUNS and AMMUNITION
1. Caliber is not that critical. A .410 shotgun is extremely effective. A 12 gage shotgun can destroy a building. Keeping a round in the chamber of a shotgun, even with the safety on, is unwise. These are devastating weapons.
2. Many shotguns have pistol grips and long tube magazines that hold up to 7 rounds. However, any standard shotgun is adequate and a pistol grip 12 gage “riot gun” can be very difficult to hold on to.
3. Shotguns have a release mechanism that must be depressed, usually under or near the trigger guard, before a round can be chambered. Under stress, many popular home defense shotguns are useless.
4. Magnum 00 rounds penetrate body armor, endless layers of drywall, multiple human bodies and should only be used by people who understand them. 2 3/4 inch non magnum rounds or “tactical” low recoil ammo is best and more than effective. Buckshot recoil is severe. Expect it.
5. Slugs; These are a highly effective single projectile, even in 20 gauge, that can stop anything.
RIFLES/ASSAULT RIFLES
1. Assault rifles, though the most effective weapon for use against insurgents and terrorists you find in your living room, are most likely to cause legal problems unfairly. These weapons have quick change large capacity magazines, are generally easy to handle and deadly.
2. Hunting rifles: A typical hunting rifle, 300 Winchester magnum, 30-06, 30/30, .308, (7.62/55) or the popular former Soviet caliber used in the SKS, .762/39 all have extremely high penetration along with endless stopping power. However, after passing thru the selected miscreant in your home, they are likely to enter your neighbors home and, perhaps, your neighbor.
COMMON SENSE TRUMPS A WEAPON EVERY TIME
First of all, taking advice from someone who shops in downtown Detroit is always questionable. Keeping car doors locked, watching for pedestrian car jackers and parking only where your likelihood of surviving the walk are tops.
The dangers of people, too many of the wrong people or not enough people are also considerations. Don’t camp in empty campground. Don’t park in unused or unlighted areas. Don’t walk down a street with when nobody is out or only people who seem uniquely “unfamiliar” to you, are about.
Simple minor sidewalk interactions can turn to violent crime in a minute. Avoid all interaction, even with children, who now, not only carry guns, but know they can use them with relative legal impunity.
If you have made the decision to be an armed homeowner or traveler, knowing and obeying the law is critical. Not everyone can move to Texas or Ohio just because of gun laws.
Know that defense means defense. You can only defend yourself if you have reason to be afraid.
SIMPLE LEGAL ADVICE WHEN AND IF SOMETHING HAPPENS
NEVER TALK TO THE POLICE OTHER THAN TO GIVE THEM YOUR NAME AND TO COOPERATE WITH THEIR DIRECTIONS. YOUR LAWYER TALKS TO POLICE. YOU DO NOT TALK TO POLICE.
NEVER EXPLAIN ANYTHING. YOUR LAWYER EXPLAINS THINGS.
MOST POLICE ARE JUST FINE. HOWEVER, YOU ARE BETTING YOUR JOB, YOUR HOME AND YOUR FAMILY THAT YOU ARE TALKING TO PEOPLE WHO LIKE YOU AND WANT TO HELP.
YOU ARE NOT TO BE DIFFICULT OR IMPOLITE BUT YOU ARE REQUIRED TO SAY THAT YOU HAVE BEEN TOLD NOT TO MAKE ANY STATEMENT OF ANY KIND WHATSOEVER WITHOUT A LAWYER PRESENT.
ANYTHING YOU DO SAY CAN AND WILL BE MISQUOTED, MISUNDERSTOOD OR, WORST CASE, LIED ABOUT.
IF ANYONE TELLS YOU THAT ASKING FOR A LAWYER MAKES YOU LOOK GUILTY, THIS IS TEN TIMES MORE REASON TO ASK FOR A LAWYER.
EVERYTHING YOU SEE ON TV IS TOTALLY WRONG.
Gordon Duff is a Marine Vietnam veteran and regular contributor on political and social issues.
Gordon Duff posted articles on VT from 2008 to 2022. He is a Marine combat veteran of the Vietnam War. A disabled veteran, he worked on veterans and POW issues for decades.
Gordon is an accredited diplomat and is generally accepted as one of the top global intelligence specialists. He manages the world’s largest private intelligence organization and regularly consults with governments challenged by security issues.
Duff has traveled extensively, is published around the world, and is a regular guest on TV and radio in more than “several” countries. He is also a trained chef, wine enthusiast, avid motorcyclist, and gunsmith specializing in historical weapons and restoration. Business experience and interests are in energy and defense technology.
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