The Right to Armed Self-Defense/Law Enforcement Abdicatiion

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The Right to Armed Self-Defense/Law Enforcement Abdicatiion

Postby jdege on Mon Oct 05, 2020 11:40 am

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3703927
The Right to Armed Self-Defense in the Light of Law Enforcement Abdication
This article defends the position that the right of armed self-defense remains important today, in particular in light of the civil unrest of the Summer of 2020. The article proceeds in three parts. The first part will summarize arguments from various prominent commentators that the right to self-defense with firearms is anachronistic in the contemporary United States. These critics argue that Americans can and should rely solely on their local professional police force to protect them.

The second part of the article will focus on how this argument has been undermined by recent events. This part documents in great detail the failures of law enforcement in reaction to looting, rioting, and other forms of illegal behavior that threatened the well-being of the public. First, many police departments received implicit or explicit orders from their political supervisors to “stand down.” Second, in many instances, the police themselves were unwilling or unable to combat lawless behavior. If police consistently fail to enforce law and order, the argument against the individual right to bear arms for self-defense purposes significantly weakens.

Finally, the last part of the article will discuss examples of individuals and groups of citizens using firearms in self-defense during the recent unrest in the absence of effective law enforcement. Some of these episodes are open to criticism, whether on the grounds that one believes that it’s never worth using or even threatening to use deadly force to defend property, or because the line between justified self-defense and unjustified vigilantism is not always a clear one. Nevertheless, if law enforcement is unwilling or unable to preserve basic law and order, it’s both inevitable that citizens will try to fill the breach, and desirable that law-abiding individuals should be given the means to do so.
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Re: The Right to Armed Self-Defense/Law Enforcement Abdicatiion

Postby yukonjasper on Tue Oct 06, 2020 10:55 am

sounds logical to this "gun clutching extremist ". Seriously though, the inference that society should willingly or under legal duress, abdicate the right of self preservation and defense of property based on the subjective will of a Government entity has to be an easy argument to defend against. It goes completely contrary to human instincts.
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Re: The Right to Armed Self-Defense/Law Enforcement Abdicatiion

Postby hammAR on Tue Oct 06, 2020 6:21 pm

yukonjasper wrote:sounds logical to this "gun clutching extremist ". Seriously though, the inference that society should willingly or under legal duress, abdicate the right of self preservation and defense of property based on the subjective will of a Government entity has to be an easy argument to defend against. It goes completely contrary to human instincts.


Can you look at UK, Europe and Canada and still say that with any confidence........
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Re: The Right to Armed Self-Defense/Law Enforcement Abdicatiion

Postby Rip Van Winkle on Wed Oct 07, 2020 6:58 am

yukonjasper wrote:It goes completely contrary to human instincts.

I believe the founders said it was contrary to nature and nature's God. ;)
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Re: The Right to Armed Self-Defense/Law Enforcement Abdicatiion

Postby jdege on Wed Oct 07, 2020 8:42 am

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3701185
The Future of the Second Amendment in a Time of Lawless Violence
In performing this obligation, the Court should give no weight to fears of an armed citizenry, which frequently inspire useless or counterproductive infringement on individual liberty. Nor should regulations enjoy a presumption of constitutionality merely because they may promote a net reduction in deaths and physical injuries. The deepest principles on which our legal and constitutional institutions rest, which are reflected in the Second Amendment, are at odds with this kind of narrow cost-benefit calculation.

The right to keep and bear arms, and to use them when appropriate, is a vital element of the liberal order that our Founders handed down to us. They understood that those who hold political power will always be tempted to reduce the freedom of those they rule, and that many of the ruled will be tempted to trade their liberty for promises of security. Those temptations are apt to be especially alluring when widespread criminal violence threatens both liberty and security. They may be even more alluring when such violence takes the form of sustained and repeated mob violence that reflects a serious breakdown of the social fabric.
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Re: The Right to Armed Self-Defense/Law Enforcement Abdicatiion

Postby Lumpy on Thu Oct 08, 2020 8:14 am

As per a previous thread, look up "Anarcho-Tyranny" for what happens when self-defense is the only form of violence the government prohibits.
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