Yes the Second Amendment includes Edged Weapons, So why do we still have MORONIC knife laws?

 

I am not sure why a majority of people forget that when the Second Amendment was ratified in 1791 the word “arms” actually included edged/bladed weapons. It was as common place then for the average citizen to carry a small, utilitarian fixed blade dirk or dagger upon their person as a general tool just like it is now for your average sheeple to carry an iPhone (and have the situational awareness of a 2 year old in the process but we will come back to that one.)

So if the right to carry a knife is included under the RIGHT TO BEAR ARMS, then why are present day knife laws in America so damn restrictive and ass backwards?

In my home State of Texas, Knife laws were revised in 2013 and 2017 to do away with the “ambiguity” of the definition of an illegal knife. In a nutshell, this includes legalizing switchblades and fixed blade knives with blades longer than 5.5″ (these are called Location Specific knives and cannot be carried in certain locations as listed in Penal Code 46.03)

A recent article in Bearing Arms talks about the proposed abolishment of the swtichblade ban in Louisiana and begs the question why this is not happening in other states. As of right now 14 states have repealed their switchblade bans.

The back story on how and why the Switchblade knife was made illegal nationwide is an important and interesting read mainly because it parallels the Assault Weapons Ban and HOW nanny state socialist liberals and their media cronies influence and pervert the public perception with bias and lies.

Now we need to work on legalizing blackjacks and expandable batons next because why should a man be allowed to carry a cocked and locked 1911 and not a piece of braided leather with a fishing weight in the end?

Stay Alert, Stay Informed, Stay Armed and Stay Dangerous!

 

Trespasser 101

tresspass

For those lucky readers of mine that reside in the great State of Texas, I wanted to provide you an easy to reference guide on what the law states how you can handle trespassers on your property. Firstly, lets define Criminal Trespass as it is written in the Texas Penal Code 30.05:

CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purposes of this section: (1) “Entry” means the intrusion of the entire body. (2) “Notice” means: (A) oral or written communication by the owner or someone with apparent authority to act for the owner; (B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

Despite widely held beliefs, you CANNOT use DEADLY FORCE in dealing with Criminal Trespassers simply because they are on your property without consent! I know some of you are  saying “Well what about the Castle Doctrine?”

I found that explanation on Texas Gun Talk, which according to the post credits, had been written by the folks at Texas Law Shield:

What About People Who are Only Trespassers?

Make sure that you do not fall victim to the common misconception that the Castle Doctrine gives you “carte-blanche” to use deadly force merely because someone is on your property. It does not. Many people think that the law allows you to use deadly force against a mere trespasser. In fact, Texas law says the exact opposite. Texas Penal Code §9.41 allows you to use Force, NOT Deadly Force, that is reasonably necessary to prevent or terminate another’s trespass on your land.
You still have a legal right to exclude or remove trespassers from your land; however you are limited to only using non-deadly force to do so. The use of force can have many different manifestations, from physical confrontation to displaying a weapon. Texas Penal Code §9.04 states that for defensive purposes the display of a weapon in order to create apprehension in another person is considered a use of force but not deadly force. That means if someone trespasses on your property, you may display your firearm to create apprehension that you will use deadly force if necessary. You will not be legally justified in discharging the firearm, but you will be legally justified in displaying it to “create apprehension” under the law.

Only if the trespasser is committing “other acts”  are you justified in using deadly force would you be allowed to discharge your firearm legally.
For example: If you are sitting in your living room and see an individual peering in your window, you will probably not be justified under Texas law in using deadly force against the suspicious person. However, if the same fellow breaks a window and climbs through, you will be legally justified in using deadly force under Texas Penal Code §9.32. If you see the same individual scoping out your detached barn, you will not fall under Texas Penal Code §9.32, because it is not considered an occupied habitation. Note under our examples you may very well be justified under another section of the law in the use of deadly force, but not under Texas Penal Code §9.32, or what the media calls the “Castle Doctrine.” 

The “other acts” in the above paragraph refer to Sec 9.42. This is very important for the CO to understand; If you memorize any law in the TX Penal Code, know this one!

TX Penal Code Sec 9.42:

DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

So to sum it up guys, you CANNOT use Deadly Force on a Trespasser simply because they are on your property without your consent. You can Display a Weapon to Intimidate and create apprehension in the Trespasser, but not discharge the weapon and use LETHAL FORCE unless the Trespasser makes you feel “in fear for your life” through either an attack with lethal intent or they escalate the situation and do any of the following acts: Arson, Burglary, Robbery, Aggravated Robbery, **Theft during the Nighttime, or **Criminal Mischief during the Nighttime.

** I want you to notice that LETHAL FORCE is mandated here by the time of day (night time) with Theft or Criminal Mischief. This is a key thing to remember: The Law states you can KILL a person if they are committing either of these acts on your property at night.

The CO, as a property owner, can do a few simple things to help prepare to combat Trespassers:

  1. Don’t forget to post proper SIGNAGE that entry is forbidden on your property to be in compliance with TX PC 30.05. For those of you with rural property in TX, this includes using purple paint as a marker (see paragraph (D) for full explanation).
  2. Place in-discriminate Trail Cameras around your property. These are motion triggered and most models are night vision capable. This will provide photographic evidence that will help you prosecute. A CCTV system is another option if you want constant surveillance.
  3. If so inclined, the CO can place Lighting and Motion Detectors to be alerted real time of any trespassers.

 

Stay Informed, Stay Alert and Stay Dangerous!

Beating The “Knockout Game”

As society continues to crumble  and random violence begins to be the norm, the CO must up his game in being prepared to meet that threat head-on. The most recent brand of this random type of street violence is the “Knockout” Game”. A “Game” which to date has killed 7 people.

I do not intend to waste your time in useless rhetoric opining on all the socio-economic/racial theories out there of WHY these stupid kids are doing this stuff. Frankly, I could care less in a criminals reasoning for why he does what he does; All I care about is me and my family’s safety, period.

Hopefully the following review will help you bring you and your family home safely too!

1. Awareness

Just simply being aware of what is going on around you is simple, pure logic, and in most cases, helps the CO avoid any hassles. ACTION on our part will always trump us having to REACT to our attacker. When we can put a hitch in our attackers OODA loop, (making them REACT versus the CO having to REACT) we stand a better chance of coming up on top. But the Knockout Game presents somewhat of a quandary in that dept. These idiots primary MO is come up to you on your blind side and deliver a knockout sucker punch. So how do you stay aware in a situation like that? Do you grow a pair of eyes in the back of your head? Do you walk around backwards?? Do you develop your “Inner-Ninja”?? I say that not to just get a cheap laugh out of you, but to raise an important “sidebar” point ” you need to be aware of. There are those in the self-defense training community that like to take very simple subjects (like Awareness) and make them overly complicated. Their reason for doing this is very simple: Money. The more in-depth they MAKE YOU THINK a subject is, the more classes, books and DVD’s you are going to buy. The problem with this besides it being terribly unethical is that most of the time they are teaching you a LOAD OF CRAP that is not realistic, not street-proven and has no true value as far as self-defense goes.

Let me be blunt and make this easy for you: You cannot maintain 360 degree awareness 100% of the time. No matter how much you keep your “head on a swivel”, no matter what kind of “reactionary gap” you SAY you give people, no matter how well your senses have been tuned and no matter how much “martial arts” training you have. We live in a society where we are in close proximity to people, it is that simple. I have seen people who say “When in public, I don’t let anybody get within 21 feet of me”, yet let them go to the grocery store and within 45 seconds I can prove them a liar. Being in “Condition Yellow” all the time is a state of mind guys, it is not a some LAW written in stone. Letting people get close to me does not put me in danger UNLESS I am unaware of what is going on with the particular situation. For example: What is their behavior like? What is in their hands? Where are their hands? How many of them are they?All of these factors will let you know if you need to put more distance between you and them.

To answer the primary question about how to stay aware of what is behind you and to avoid getting sucker punched, the best case scenario answer is to keep your head on a 360 degree swivel , which we know we cannot do 100% of the time, and try to address the threat before it has the chance to strike (Action trumps Reaction). Of course, that is BEST CASE scenario and in all probability will not happen that way. Your most logical course of action is to train yourself to REACT in such a way to avoid getting knocked out and at the same time neutralize the threat.

uc1

2. Reaction

There are numerous “positions” or “guards” combatives trainers have out there to teach people how to avoid getting knocked-out on the street; there is an extensive illustrated list of them on Lee Morrsion’s excellent resource site Urban Combatives. In my experience and training, I have found the best “guard” in a situation where you are being attacked from the rear (6 o’ clock) by an unknown number of assailants is a variation of the “Crazy Monkey”. I call it a “variation” because I combine it with my standard “Default” Guard position (Southnarc’s version); however, in drilling with the SN Default in full-on sparring, I found that when attacked from the rear, blind, by more than 1 assailant, the default left some holes, namely blocking angular punches and flowing with the dynamic movement of a street fight. The “Crazy Monkey” addresses those issues, while the variation I use helps to get a solid presentation of a weapon (knife or gun) into the fight. Understand that your intentions must not be to just keep from getting knocked out, but also to neutralize the threat attacking you!

The decision whether or not to introduce lethal force into this type of scenario is up to you; there are those who seem to think that this kind of “prank” does not warrant that extreme kind of reaction since these are just “kids” and “pranks”. I wholeheartedly disagree with that opinion for 2 main reasons:

  1. Seven People have been killed thus-far in these so-called “Kids Game”. Read that story HERE.
  2. The attackers are typically in a group from three to ten teenage males.

Training to introduce lethal force into any situation MUST always be precipitated by the CO understanding the Law in their respective states in regards to Self-Defense. In this particular scenario, TX Penal Code Sec 9.32 applies.

(B) To prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery.

Combine all of this with the lethal history of these types of attacks, the Disparity of Force (more than 1 attacker typically) and the CO typically feeling in “FEAR FOR THEIR LIVES” and the justification for applying LETHAL Force is very high.

fight1

3. The Fight

So getting back to the subject at hand. You have been attacked, you have covered up to the best of your ability with a default guard and are still on your feet. You are a tad dazed, confused and probably a little pissed off. What happens in the next 3-4 seconds is crucial and not something I can put in a bullet point presentation for you!!

In the time that your mind is processing all the pertinent data, such as: Where did the blow come from? How many attackers are there? Am I wounded? You will need to create distance between you and the attackers. The reason for this is simple: Firstly, it will be harder to strike you, Secondly, if you plan on introducing a weapon into this fight, you will need some distance between you to do that. The closer the attacker is to you, the more likely he can foul your draw and/or grab the weapon. If that happens then you might find yourself in the worst case scenario: Fighting with the attacker over your OWN weapon! In CQ fights, retention of your weapon takes priority, because once the attacker knows you have a weapon, now he goes into self-preservation mode too! So we need to be prepared to “Create that Distance” by however we can: punches, kicks, elbows, knees, head-butts, eye-gouges, nut kicks, etc.

To address the issue of multiple attackers, it has been my experience both from the field and multiple CCTV & Dash-Cam videos of attacks, that once the first attacker is put down, the rest will scatter like frightened deer. Of course, vigilance demands that you cannot count on that, so the CO must prepare for the worst case scenario, which would be engaging multiple targets in succession. It is also a possibility that once the “knockout” is unsuccessful, the attackers will lose heart and flee. Again, you can never count on that, so always prepare for the worst.

In conclusion, the CO needs to ensure that padded Force-on-Force scenarios are part of his routine. Make sure and cover all the possibilities:

  • Multiple Attackers
  • Going to ground
  • Fouled draws
  • Weapon grabs
  • Fighting from the “clinch”
  • Drawing weapons from various positions

Spend a lot of time working on your Default Guard..remember this is what is going to keep you on your feet so you can fight. Think of the guard as your automatic “flinch response”; whenever attacked you go to your guard. This will take alot of practice,  so drill that way as often as possible! Find what guard works best for you and then tailor and dovetail that  into your weapon presentation.

Work on various positions to draw your weapons from, and don’t just fixate on one position either, for instance;  drawing a folding knife from your pocket, drawing a small pistol from a pocket holster, drawing a fixed blade from horizontal 12 o’clock or 6 o’clock concealed, drawing a handgun from AIWB or strong-side concealed. All of these positions are going to demand you fine tune your mechanics so they flow seamlessly. Remember, “Slow is smooth and smooth is Fast” in weapon presentation, so as you drill, eliminate any Un-needed movements or “hitches”.

Lastly, Fights are never STATIC; people tend to move to avoid getting hit and/or hurt. Be prepared to have quick feet, shoot on the move and drive through your opponent like a sledgehammer!

Hope for the Best, Train for the worst and Stay Dangerous!