Remember when I have said Philosophy is not Tactics? And also, “Never give the enemy more nails for your coffin”? Welcome to the real world. Our friend in the Albuquerque shooting made a little booboo.
Baca is now facing three charges of battery: one of aggravated battery that would likely result in death or great bodily harm to the male shooting victim and towards Jane Doe 1, one count of battery to an individual identified as Jane Doe 2, and another count of battery towards Jane Doe 3. Additionally, Baca is facing a charge of unlawful carrying of a deadly weapon for carrying a concealed weapon without a permit.
Man arrested for shooting at Oñate statue protest facing new charges
The two battery charges? He is gonna eat those because he did them, he is on video. But his defense claim is going to be a little (or a lot) harder for not properly carrying a concealed firearm.
He just went from George Zimmerman to Bernie Goetz: I still believe he will be acquitted of the Aggravated Battery with firearm, but I doubt a jury will let him skate on the rest or at least not cheaply.
I hoe he has a nice egg’s nest somewhere.
Dear friends: If your state require certain amount of legalities when it comes to firearms, obey them no matter how stupid they are. And then, help have those laws changed or eliminated for good, get involved, call or visit your reps. Be active in your support for the Second Amendment. Constitutional Carry does not happen just because you clicked “like” in Facebook in between scoops of Hagen Daz Rock Road.
And get carry insurance. That guy is about to find out that a trial for battery is going to cost $150,000 up. My insurance costs about $125 a year and covers lawyers, expert witnesses and bail. Hope I never have to use it, but like seat belts and fire extinguishers, I’d rather have it and not need it than the other way around.
I fail to understand the logic of not getting a permit, if you live in a state that requires one but is a Shall Issue state. The only reason I can see is if one is a prohibited person. If that is the case, he’s got some federal beefs coming his way. If you do decide to carry illegally, stay as far away as possible from any
area where you may be tempted to use your gat. Considering the national publicity about this case, I suspect his trial(s) is(are) not going to go well for him.
I live in a Constitutional Carry state, and I got my permit. The training (especially in the law) is worth the price of admission.
Besides, it is a good-guy card that exempts me from the time burden of a NICS check.
NH is a constitutional carry state. It also does permits (shall issue) which do not have any training requirement, no other weird stuff like fingerprints either. A friend recently got the permit after being encouraged to do so by a course instructor. Her reason is that the permit opens up reciprocity with a fair number of other states that aren’t CC but honor the NH permit.
I haven’t done it yet but probably will sometime soon. It’s quite a painless process: fill in a one page form, hand it in to the town or police office with a modest fee, wait about a week, get the permit. Hers was dropped off by one of the police officers, nice to live in a small town…
$10 bucks. The RSAs say they should collect when you pick up but more than a few collect up front. Not worth the argument. 10 working days. The hardest part for a new to NH person is the three personal references.
They don’t check those since NH became CC . As far as I can tell the biggest issue they have is their work load. If it is small town and busy 10 days. Large town 10 days. Small and quiet can be just a couple of days.
I thought “Constitutional Carry” meant you didn’t need a permit? That’s why they call my state “Constitutional Carry State”, because anyone can carry a gun anywhere, without any restrictions (except schools, federal and state buildings, etc, obviously). And strangely enough, we have very little violence here. Of course the liberals who invaded the state are all eager to “fix” this “problem”, mostly because they can’t stand the concept that someone COULD legally carry a gun around, not because there is actually a problem with people walking around armed and shooting each other. How can they signal their extreme Progressiveness when their state actually has the laxest gun laws in the country (inherited from the fiercely independent, rural, Republican-dominated natives who had the state taken away from underneath them by invading flatlanders)!? It’s all about virtue signalling with the left, on one level or another.
The few gun crimes we do have are almost invariably known troublemakers with long criminal records who were long ago barred from owning guns (or the same, but an actual gang member traveling up from the city to tap the rural market for heroin, meth and cocaine). A few years ago some woman shot and killed a social worker who had taken her children away. She had no criminal record and used a bolt action hunting rifle. But yes, by all means, let’s fix the problem of people being able to carry guns in public preemtively, before it becomes an actual problem. Right.
The sad thing is, as New Mexico goes, the permitting process isn’t that bad when you compare it to some other places.
It’s a good chunk of a weekend, combined classroom and practical exam (e.g. shooting at a rectangular target). It’s pretty easy to pass, if you have had even a basic introduction to gun handling.
There are some oddities, like you have to qualify for pistol OR revolver (or both), and then fora given type you can carry any caliber up to the one that’s listed. The universal background rules now in place make it more of a hassle to just loan (or borrow) a gun to work with larger calibers than you own, justincase. And there’s the hassle of getting yourself fingerprinted.
But, compared to other places I’ve lived, it’s not so bad.
I forgot to mention, open carry is in general legal in New Mexico. So the guy (assuming not a prohibited person et cetera) could probably have open carried and been completely legal.
Check out Branca’s analysis of the shooting.
Link, please? I wasn’t able to find it with a quick Web search. (DuckDuckGo, not google…)
Darn, no edit…
I found this link: https://lawofselfdefense.com/after-action-analysis-june-17-2020/
but that’s members-only, apparently.
It is. Basically, he said what we have been saying here. I will give you a summay, but the man’s business is making money from the blog, so I will summarize only
:
There were three confrontations.
The first was pushing and shoving between the shooter and the Antifa crowd. This was mutual combat and no one is an innocent party, therefore no one can claim self defense. Then separation, at which point the first fight ended for legal purposes. Nothing that happened during that first fight justified the use of deadly force.
The second fight involved a woman physically blocking the eventual shooter from getting near the memorial by boxing him out. He responded by throwing her to the ground. Again, they’re both engaged in physical aggression with each other. But they’re both doing it, it’s a more much more a mutual combat situation than any kind of simple assault or simple battery taking place. Again, no self defense there for anyone. She couldn’t have been all that injured, since she didn’t report it to the police and left under her own power.
Then the shooter disengaged, attempted to escape, and signaled his intent to end the fight. That was when the crowd started the third confrontation when they chased him down, threatened to kill him, and employed deadly force by striking him in the head with a skateboard. Since the previous two altercations had ended, the shooter had regained his innocence and he could legally respond with deadly force.
I found and posted the arrest warrant.
That link has been updated. The shooting charges have been dropped. He still has the 3 aggravated battery with great bodily harm charges and the carrying charge. I bet the battery charges are eventually dropped, because they are mutual fighting. The carry charge will stick (and likely pled out).
Its stupid not get a permit if you can. Its stupider to go to a rally, cause a ruckus, and carry without a permit. Stupid stupid.
They charged him with carrying a concealed weapon without a permit on the grounds that there is no record of him having a New Mexico CCW. Won’t they be embarrassed if it turns out he has a permit from a reciprocity state?
Is NM reciprocal with any other states?
Honestly, illegally carrying or not, they’re going to have to find some really deep-left or rock-stupid jurors to convict this guy. I’d play that damn tape over and over with the sound, of the baboons screeching ‘WE’RE GONNA KILL YOU!’. Forget Bernie Goetz; I’d have trouble convicting the Son of Sam in this situation.
What are the actions that the claim are “aggravated battery with great bodily harm charges”?