The Negative Impacts Of Positive Laws

When I took my con­cealed carry license course here in Dal­las, my class was made up of 30–40 mostly well inten­tioned, atten­tive folks. Demo­graph­i­cally, it ran the gamut from young adult males to elderly women, white, black, his­panic, you name it. Most of the class was inter­ested in what the instruc­tor had to say and seemed to grasp the fact that own­ing and car­ry­ing a gun is a right, not a priv­i­lege. Based on the ques­tions they asked, they under­stood the ram­i­fi­ca­tions of a pri­vate cit­i­zen car­ry­ing a gun and all the assorted bag­gage that entails.

How­ever, there were two young men who were clearly igno­rant of those ram­i­fi­ca­tions. One of them I’ll never for­get. He wasted more of the class’ time ask­ing inane ques­tions revolv­ing around when he could shoot some­one than I’d like to admit. How the instruc­tor didn’t kick him out of class I’ll never know. I’ve hoped ever since that day that he either failed his shoot­ing test or the instruc­tor refused to grant him a license. One egre­gious exam­ple was in ref­er­ence to being cut off on the high­way while he was rid­ing his motor­cy­cle. He asked if that gave him the right to shoot at the dri­ver of the car. The rest of the class looked around in shock at this idiot who clearly thought get­ting a CHL meant becom­ing James Bond on a crotch rocket.

In all pop­u­la­tions, the great major­ity of the cit­i­zens will be law-abiding, con­sci­en­tious human beings with an under­stand­ing of right and wrong. But in all pop­u­la­tions, there will always be a vocal minor­ity for whom an under­stand­ing of any­thing beyond the realm of their lim­ited men­tal capac­i­ties will be impos­si­ble. This kid was one of those. He was a mal­con­tent, hopped up on testos­terone, who was look­ing for a rea­son to show how tough he was and hop­ing to do it legally based on a law that dic­tates what cit­i­zens CAN do instead of what they CANNOT do.

In many ways, that’s the crux of the prob­lem. Laws should be restric­tive in nature, cre­ated to limit the free­doms of peo­ple based on the effects con­trary actions would have on other peo­ple. Laws shouldn’t define free­doms, only remove them. It should not be up to a jury of our peers to specif­i­cally say whether we can do some­thing or not, only whether we have done some­thing that vio­lated the rights of another. Pass­ing laws like this is a slip­pery slope because it cre­ates a ques­tion of what is pro­tected under the law.

Which brings us to the case of Trayvon Mar­tin, a unarmed Miami, FL teenager who was shot and killed by George Zim­mer­man. Under nor­mal cir­cum­stances, one would assume a crime has been com­mit­ted. Unfor­tu­nately, these are not nor­mal cir­cum­stances. At ques­tion is the Florida law that says cit­i­zens of the state may use deadly force to pro­tect them­selves or their prop­erty when they believe they are in grave dan­ger. The law is called Stand Your Ground and says that even if it is pru­dent for you to escape, you still have the right to defend yourself.

The slip­pery slope is of course how much ter­ri­tory is cov­ered by the umbrella of a self defense law. This law, surely writ­ten by law­mak­ers who assumed it would only be used in sit­u­a­tions involv­ing phys­i­cal vio­lence, is being used to shield Zim­mer­man even though it is becom­ing rapidly appar­ently that he chased the unarmed teen down and shot him.

The details can be read here but the short ver­sion is that Zim­mer­man was a vol­un­teer com­mu­nity watch patrol­man with a record of call­ing in almost every­thing. He saw Mar­tin in the neigh­bor­hood and called in a sus­pi­cious per­son. Then, instead of let­ting police do the work, he fol­lowed Mar­tin with a licensed 9MM hand­gun even though the police dis­patcher said not to. We can take a lit­tle side trip here and note that Zim­mer­man was an aspir­ing police offi­cer who once attended a cit­i­zen police acad­emy. At the risk of doing some couch psy­cho­analy­sis, he seems like the kind of per­son much like the kid I encoun­tered in my CHL class.

What hap­pened next is up for debate but the evi­dence seems to point out that Zim­mer­man fol­lowed and/or chased Mar­tin and shot him. Zim­mer­man claims self-defense. That claim sounds patently false. Given the fact that he had no police author­ity and was never in dan­ger if he hadn’t got­ten out of his car, his claim to self defense resides on the unsub­stan­ti­ated fact that Mar­tin attacked him. How­ever, if I’m walk­ing along at night and some­one is fol­low­ing me, I’m going to pro­tect myself. If any­thing, Mar­tin was the one who should be pro­tected by the law in Florida. Zimmerman’s self defense claim stands in direct oppo­si­tion to the fact that had Zim­mer­man, the aspir­ing but not yet ordained police offi­cer, stayed in his car until police arrived-the only sane thing a nor­mal per­son would have done-Martin would still be alive today and none of this would have happened.

The fact that Florida has a law that tells cit­i­zens specif­i­cally what they can do has opened up a can of worms surely never intended by law­mak­ers. There is no rea­son to have a law on the books that says you don’t have to run even if it’s pru­dent to do so. With­out this law, it’s clear that Zim­mer­man has com­mit­ted some crime because it’s not pru­dent to chase down an unarmed black teenager just because you think he looks sus­pi­cious in the gated com­mu­nity you are patrolling. Only this law is pre­vent­ing Zim­mer­man from being indicted and it seems like a trav­esty to any casual perusal of the known facts.

In our CHL course, we were taught that once a bul­let leaves the gun, we are com­pletely respon­si­ble for its path and results. Unfor­tu­nately, law­mak­ers in Florida have passed a law that may trans­fer the respon­si­bil­ity from the shooter to the vic­tim in a case that it was clearly never intended to cover. Pass­ing a law that says you may stand your ground and shoot some­one even if escape is a viable alter­na­tive is an exam­ple of a law designed to dic­tate your free­doms instead of lim­it­ing them based on the effect they have on oth­ers. When the law is used to shield some­one who went out of his way to put him­self into a sit­u­a­tion fraught with dan­ger, we’ve gone too far. George Zim­mer­man should be arrested and pros­e­cuted for mur­der. There is no other ratio­nal out­come. And yet, he may not be because of this law.

Trayvon Mar­tin would not be dead if George Zim­mer­man had acted in a ratio­nal man­ner. Zim­mer­man, clearly an indi­vid­ual with will to power desires, went out of his way to inject him­self into a sit­u­a­tion where he could play police­man. With­out the author­ity to do so, noth­ing should stand in the way of a crim­i­nal trial. It will be a trav­esty of the high­est order if he is allowed to go free because Florida law­mak­ers passed a law that shields him con­trary to unten­able circumstances.

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