I just watched some video footage from a smoke-shop in Nevada. The store clerk was behind a counter at the rear of the store. Two middle-school aged boys rushed in the front door and began grabbing items off the shelves. The clerk instantly drew a semi-automatic pistol and shot one of the boys seven times from a distance that appears to be 25-30 feet away.  The other fled suspect fled.  He then called the police, reported that he had been robbed and, in fear for his life, had shot one of the robbers.  He is now up on charges for murder, and on the strength of the store’s video footage he is likely to be convicted of homicide, if not 2nd Degree Murder.

Damn right I am going to ‘Monday-Morning Quarterback’ this one.

‘But Tinker,’ I hear you cry, ‘The man feared for his life!’ I seriously question this; events moved so quickly I don’t think there was time for fear; he drew and fired immediately. No challenge, no demands for surrender. The gun came out and he opened fire. It’s irrelevant anyway; the standard for the use of lethal force in Nevada (and most places) is that you must have a reasonable fear of imminent death or grave bodily injury to yourself or another innocent. Even if the clerk did fear for his life his fear was not reasonable. Why?

First and foremost neither suspect was displaying a weapon.

The suspects moved straight to the shelves and began grabbing merchandise , offering no direct threat. Were they, perhaps, going to assault him with their armloads of loot? Or were they going to bolt right back out the door, as is usual in snatch-and-grab theft?

The shooter had time to assess the situation. He was behind a counter 25-30 feet away, and could move freely to his left or through the open door to his immediate right, giving himself more time to make an accurate assessment of the situation. He did not take that time, but instead opened fire as soon as he had a shot. He did not issue a challenge.

Now a child is dead and a citizen, whom for all I know is a decent person, will spend several years in prison. Not only will he lose his right to bear arms and bear the stigma of a convicted murderer, he will have to live with the knowledge that he killed a kid when he didn’t need to.

Now the clerk might have been justified in drawing a weapon while he evaluated the situation; startled by the abrupt and fast entry of the thieves it would arguably not be out of line.  But he did not evaluate the situation. He opened fire and now life as he knew it is over.

I cannot say what he felt in the moment. Maybe he was terrified of being pelted with random merchandise. But whatever he felt in that moment it was inarguably not a ‘reasonable fear.’ Perhaps he panicked. Perhaps he had enough and resolved to make the next thief pay. Most of us are not aching to shoot someone, but we cannot know.

I suppose I’m being rather hard on this fellow. After all it’s not as if he shot an unarmed child with his arms full from twenty-five feet away. Seven times. Oh wait, yes he did.

I am a strong proponent of self-defense. I generally have no sympathy for criminals. I generally feel that they get what they deserve. If that child had a knife in his hand and blood in his eye I’d be saying, ‘Yay team!’ But he did not. He had an armful of things that weren’t his that he barely had time to grab before he came under fire. He deserved to be apprehended and prosecuted and to pay for his crime. Instead he was killed.

Reasonable fear of imminent death or grave bodily harm to ourselves or another innocent. That is the nearly universal standard in this country, and it is a moral and ethical rule. But it’s a line in the sand- the line between justifiable self-defense and prison. Between a life ruined and another ended. Over maybe as much as $100 worth of merchandise.

If you are going to carry a weapon you need to educate yourself as to what constitutes a reasonable threat. Research this, take classes, read books, watch videos- think about it. Be mentally prepared not just to shoot- but to not shoot. This is- literally- life and death. There is no margin for error.

You have a right to defend yourself- but there is no right that does not carry responsibility with it.

Michael Tinker Pearce 4 July 2017

Two m1951s- a Beretta and a Maadi, both from Egypt. The lower gun is an Italian-made Beretta M1951 Series 2 Egyptian Contract gun. The Egyptians were interested in the M1951 but requested a number of changes; a slightly longer barrel, a simplified grip, larger sights and a heel-magazine release.You can also see the Egyptian crest on the slide. 50,000 of these were made for them in this form; this is a relatively early gun with an EC3000-series serial number and the slide is marked ‘1955.’  Mechanically this gun is smooth as butter despite it’s hard-used cosmetics. It also has no importer or import marks; one wonders exactly how it got here…

Michael Tinker Pearce, 1 July 17

The social media story is simple- Philando Castille was stopped for a traffic offense. He told the officer up-front that he had a CCW permit and was carrying a gun and the officer shot and killed him in front of his girlfriend and her small child. The girlfriend immediately live-cast the aftermath from her phone.

Mr. Castille was a law-abiding citizen and by all I have heard a decent guy who would never pull a gun on a police officer- or anyone else- inappropriately. The consensus was that this was apparently another incident of police over-reacting and shooting someone in a panic or ‘because he was black.’ But last Thursday it was announced that the officer who shot him was found ‘Not Guilty’ of all charges, and outrage resulted. The dash-cam footage has now been released, and I have watched this video a half-dozen times from different sources. The one that I feel gives you the best view of the incident is here- I have to say, this is some pretty raw stuff. Viewer discretion is definitely advised:

Combined Video

The video is ambiguous, but we clearly see the officer telling him not to reach for his gun more than once before drawing and shooting. I can offer no opinion here; I am not privy to all of the information the jury had in-hand and we have no way of knowing what the officer saw from his perspective. What we do know is that Mr.Castille did not inform the officer that he had a carry permit, and that it happened fast. We also know that a jury that was in possession of all of the available facts acquitted the officer of criminal wrong-doing. He may yet be subject to civil actions, but that won’t help Mr. Castille.

Without a doubt this was a horrific tragedy and a good man lost his life. I don’t know all of the facts, I don’t know what the jury knows that I don’t and I don’t know if the jury reached the right verdict. But I do know that there are lessons to be learned here- ones that could save your life if you legally carry a concealed firearm- or even if you don’t.

If you are pulled over by the police it is a good idea to have your ID, proof of insurance and Carry Permit already in your hand when the officer approaches, and keep your hands in plain sight. On top of the steering wheel is a good place to put them. Announce that you have a permit while handing your documents over before announcing that you are armed. Keep your hands in plain sight at all times and don’t initiate any movement except at the specific instructions of the officer. Do not move quickly or unexpectedly. Do exactly what you are told to do, do it when you are told to do it and do it slowly. If the officer says ‘stop’ freeze, and I mean right now.

Be polite and non-threatening. Stay calm and follow instructions, and whatever happens don’t resist. If they ask you to get out of the car do it. You do not need to consent to having your car searched; that’s up to you.

Maybe you feel the stop was unjustified. Maybe you feel the officer is being rude or obnoxious. Doesn’t matter and it doesn’t change a thing. You can count on this- if you make the officer fear for their life they will shoot you. Be calm, be non-confrontational and do what you are told. Be very, very clear on this: the place for justice- if it is to be had- is in the courts, not on the street.

Whatever your opinions on police over-reaching their authority, your personal liberties and how things ought to be is irrelevant in the moment. Feel free to air them in any and every appropriate venue. The middle of an interaction with someone who has a gun and will shoot you if you scare them enough is not such a venue.

Self defense is about survival, first and foremost. Not being shot will dramatically increase your chances of surviving. Be calm, keep your wits about you. Do everything in your power to make sure the officer feels safe and in control. We’ve seen what happens if you don’t.

Michael Tinker Pearce, 24 June 17