Legal Advice

11 Sept 09

More sage legal advice, from a well-known trial-lawyer and student:

"One is well-advised to quickly and discretely retreat in the face of dangerous threats, assuming retreat can be accomplished in relative safety. There are many practical advantages to extracting oneself from threatening situations. One is that no court has ever sent anyone to prison for retreating!

From the standpoint of defending, in criminal court, the actions of my client, putting forth the tedious argument that he was legally entitled to majestically defend his position with gunfire, never giving an inch, is far from my favorite approach. I've been in this business a long time, and I promise you that wearisome, hair-splitting pedants do not successful trial-lawyers make!

However, even when some sort of 'retreat' is required by law, but doing so will likely get you killed or seriously injured, then you're just going to have to deal with the situation as best you can, worrying about legal ramifications later. No law, anywhere that I know of, requires one to retreat, when doing so puts him, and/or other innocent parties, in peril.

My best advice:

(1) Adopt a personal lifestyle that deliberately avoids dangerous places and situations (2) Be alert and aware (3) Exit potentially threatening circumstances early on, when you can (4) Shoot (with precision), when you have no choice (5) Stop shooting when threats are clearly abrogated (6) Stay alert and get to a place of relative safety (7) Call police at your first practical opportunity (8) When police arrive, tell them just enough so that they understand whom you are and what role you played (9) Otherwise, politely insist that your lawyer be personally present before answering questions, and thereafter (10) Exercise your right to remain silent."

Comment: In addition, understand that whatever you do, chose not to do, or fail to do, it won't be perfect! Everyone, from media commentators, to investigators, to judges, to lawyers, to plaintiff's experts will wearisomely point out where, and how, you could have done it better.

And, to one degree or another, they'll be right!

Fortunately, the law doesn't require you to be perfect. The law only requires you to be "reasonable," whatever that means!

/John

Optical Shift

11 Sept 09

Observations from a noted Urban Rifle Instructor, and friend:

"Every rifle and user must be matched, one to one. Each individual's eyes are unique, as is the exact way in which optical information is translated in his brain. A 'shared rifle' will thus never have the same POI for each user, with the result that no single user will ever have confidence in his zero. And, any rifle in which the user has compromised confidence is perfectly useless, except at close range.

Don't assume that when you zero your red-dot and then adjust co-witnessed iron sights (BUIS) to coincide, or visa-versa, that the second system will be zeroed and independently operable. Each sight system, optic and BUIS, must be adjusted separately. There is enough light refraction by the optic to slightly alter the observed position of the front sight. Thus, when using co-witnessed BUIS through the optic, the position of the front sight will not be exactly the same as with the optic removed! So, first zero your BUIS with the optic off the rifle. Then, mount the optic, fold down the BUIS, and then zero the red-dot separately.

Afterward, don't be surprised when you look through your optic, with BUIS deployed, and notice that the red dot is not sitting exactly atop the front sight post.

With any serious rifle, upon which your life might well depend, re-confirm zero every chance you get! Shoot often and with serious purpose. Independently confirm both optic and BUIS. You have to be coldly confident that your rifle is going to put bullets exactly where you need them!"

Comment: In Urban Rifle Courses, I ask students at some point to turn off their red-dots and use only BUIS (through the optic). Then, I ask them to take of optic off the rifle (when practicable) and continue to use BUIS. We are often surprised at the shift in POI! It is usually slight, but sometimes significant. These experiences, sometimes rewarding, sometimes frustrating, are a necessary part of training.

A well-seasoned Rifleman/Operator knows how to use all sighting systems to his best advantage.

/John