There’s Always More

An article by Steven Wollermann

     The interaction began just as countless others had before. I had noticed an extremely common occurrence play out once again before me: An Airman had just drawn his M9 Beretta sidearm out of his holster, presenting it to the target. In doing so, he had a sloppy grip, and upon watching the pistol flail around in the shooter's hand with each shot, I moved to provide a piece of advice between firing iterations. “Hey man, give this a try, place your firing thumb on top of your non-firing, grip high on the backstrap of the gun, and compress the grip from all directions.” The response I receive is, unfortunately, not an uncommon one: “ok. I’ve been shooting for twenty-three years and this way is more comfortable for me, thanks.” This has become a fairly regular occurrence so there is no need to even respond. I know the paper target seven meters away will do all the explaining for me. Another three rounds are fired, two of which miss the giant silhouette that is down-range. “Twenty-three years of shooting, huh?” I leave his side and look for someone who is in need of and willing to receive some help.

     There are so many skills and tasks that are required to be a well-rounded combatant in this day and age that no one can master everything. The natural assumption to then make is that there will always be more to learn about a topic or skill. This seems like a safe conclusion. The difficulty that arises, however, is in the application. Time spent doing something does not automatically equate to proficiency in doing that something. When this mindset combines with an ego, particularly the male ego, ruts are made. Learning comes to a stop. Information gets smashed onto deaf ears like waves onto rocks, passing over without leaving a trace. I do not know most everything. There is very little that I would claim to be an expert in. There is always some other way of considering even a familiar subject or topic. There is always another way of explaining something that might land better on different people. Be forever a student of all things. Learn from every interaction and experience, for there is always more to learn in this world. Maintain an open mind, for this is the beginning of creativity. Creative minds are the most dangerous. Become dangerous. Become a combatant.

Self Defense: Part 1

An article by Officer Sweeney

The Law

    On the topic of self-defense many wish to discuss their techniques they have learned in Krav Maga, or Brazilian Jiu Jitsu. Others will bring up the type of firearm they prefer for home defense and the shooting courses they have been to. A very important topic that is often overlooked is the legal aspects of self-defense.

    Depending on the state you live in will depend on the laws you must follow. Given the fact that split second decisions must be made in most self-defense situations, educating yourself is paramount. The first aspect of this is the criminal law of your state. Is there a rule of preclusion, otherwise known as the duty to retreat in your state? This obligates a person to remove themselves from the situation if it can be done safely. This also includes a residence to a degree. Additionally, most self-defense laws mention that if you are the initial aggressor in the situation the rule of self-defense becomes tougher to claim. For instance, if you smack someone who pushes you with a beer bottle, you could find yourself in handcuffs.

    This makes knowledge of the law in your state vital. While all situations where force must be used are dynamic, some planning and preparation goes a long way. Ask yourself, do you know the self-defense laws in your state? If you have an immediate action drill or plan already in place, would it end with you in police custody? This is an introduction to cover some of the legal aspects of self-defense.

Tools of the Trade

                When it comes to self-defense, there are many different topics that can be covered in terms of equipment, methods, and weapons. The focus of this post will be to shed light on the equipment and its legality. While it is true that some threats will not concern themselves with the legality of the weapons they arm themselves with, you should be educated. Different states vary on what kind of firearms or devices are allowed to be possessed.

                New Jersey, for example, is very restrictive when it comes to weapons or devices that may be possessed. Per the New Jersey Criminal Code 2C:39-3 the following weapons are banned:

- gravity knives               - billy club                            - handcuffs - switch blades                 - sling shot              - stun gun - brass knuckles             - leather sap                       - stiletto - dagger          - ballistic knife

                You would be surprised to see how many of the items on this list you could find for sale online, or in a store. This does not mean they are legal to possess. Most reputable businesses perform their due diligence to prevent the sale of a banned item to a store. There are also exceptions to this rule if someone is a member of law enforcement, military, private security, or otherwise licensed or permitted to carry some of these items. If you carry one of these items in your vehicle on your person to protect yourself, it could cause you some trouble in the form of a 3rd or 4th degree Prohibited Weapons charge (3-5 years). The only non-lethal option that is legal for a person to possess in New Jersey is ¾ ounce of OC spray (oleoresin capsicum). 

     When it comes to firearms New Jersey is one of the most restrictive states in the United States. Carrying a firearm is very closely regulated and controlled. The New Jersey Criminal Code 2C:39-5 covers unlawful possession of weapons and sets the basic standard. Handguns are a popular choice for some in terms of a self-defense option. Concealed carry is authorized for certain persons such as law enforcement, members of the military, and private security. Possessing a handgun without a concealed carry permit can result in a 2nd degree charge. (5-10 years) Possession of a loaded rifle or shotgun could result in a 3rd degree charge (five years.) It should be clarified that within reach inside of a vehicle would constitute possession.

     While it could be debated on the righteousness of these laws given the fact that criminals do not concern themselves with them. It still must be understood that it is still illegal if you violate any of them. We are also not trying to discourage anyone from finding ways to protect themselves, just want to emphasize how important it is to educate yourself. The laws specific to firearms in New Jersey are complex and can be confusing. The New Jersey State Police Firearms Unit webpage can be found at https://www.njsp.org/firearms/index.shtml and has some additional information. Additionally, your local police department can answer questions as well regarding firearms that are legal to own.

Why Worry?

          So why worry about all this legality involved around using force. The truth is that most situations involving some kind of force happen quickly. The Kyle Writtenhouse case demonstrated that what may seem like clear cut self-defense may not be viewed as such. Moreover, an overzealous prosecution, or incompetent defense attorneys could have the situation turn on you too.

          So, what can be done to protect yourself? The most obvious is that if the situation can be resolved by walking away or contacting Law Enforcement it should be done. If the person who was confronting you ends up getting hurt during the course of an arrest that police officer has legal protections. You as a private citizen do not. This is why it is important to check our egos and make honest assessments of the situation that is in front of us.

          The next which may seem less obvious is to attempt to record the interaction. While this may not always be feasible, it is worth the effort. Nothing paints a picture to Law Enforcement or to a court room for that matter like a video. Most people forget that the cell phone in their pocket has a high-definition camera attached to it. Videos do not miss court dates, or lose their nerve to testify. Videos do sometimes affect how they behave, just remember everything you say and do is being recorded as well.

          If the police do arrive, make sure you comply with all commands given. Police only have the information that is passed along from the caller after dispatch received. The description that is described for them is not always accurate or complete. Their initial priority upon arrival is to separate everyone involved and prevent any further injury or worse from happening. Lastly it would behoove most to cooperate with the police during the investigation. You do have the right to an attorney, and you also have the right not to testify against yourself. Having said that, if you are innocent, you may be extending the entire process since the police then have to find other ways to determine what happened.

          A decent plan and some mild preparation goes a long way. No two situations are alike, there are legitimately infinite variables that can occur. This does not mean that there is no reason to bother with any kind of preparation. A solid understanding of the laws in your area is a good start. Next determining what equipment or weapons you feel confident with, but make sure it is legal to possess.

          If for instance you are attacked with a club and you knock out an adversary with brass knuckles. If the brass knuckles are illegal, the act of defending yourself may be legal but the weapon is still prohibited. Depending on the prosecutor they may still charge you. Personally, this is a risk that is not worth the potential hassle in my personal opinion.

This brings up the last point which is planning your actions. Some research and training beforehand can save not only your life, but your assets too. Understand the laws and how they apply to different situations. Practice techniques that are effective, but also look favorable if you must explain them to a jury.

*Disclaimer this is not legal advice. Any questions should be directed to an attorney for clarification.