Date: Wed, 8 Mar 1995 08:47:47 -0500
From: Craig Peterson <craig>
Subject: Reply to Editorial in re William Masters Defensive Shooting


                       KNX EDITORIAL REPLY
 
                       by J. Neil Schulman
 
                     Broadcast March 8, 1995
 
 
     KNX expresses uncertainty regarding William Masters'
defensive shooting of two grafitti vandals who assaulted him with
a deadly weapon.  KNX also expresses disapproval of rape victim
and Simi Valley Council Member Sandi Webb for admitting that,
like Masters, she also has carried a concealed firearm for
protection without a license.
 
     Let's throw some light on the legal issues.
 
     According to California Penal Code Section 841, private
persons may make an arrest for any public offense committed or
attempted in their presence.  William Masters could have legally
arrested those two taggers and held them for the police, but he
didn't try.  Instead, the surviving tagger \admits\ that Masters
was retreating and only took out his firearm as they continued to
stalk him.
 
     As for carrying a firearm for protection without a license,
the California Penal Code -- which prohibits carrying concealed
or loaded firearms -- might not survive the constitutional test
of Article 1, Section 1 of the California Constitution.  It
states that all people have certain \inalienable\ rights, including
defending life and liberty, protecting property, and pursuing and
obtaining safety.
 
     Further, California Government Code, Section 845, states,
neither a public entity nor a public employee is liable for
failure to provide police protection.
 
     So how can California laws forbid honest people from
carrying the tools for protecting themselves when the California
Constitution says it's their right, and the California Government
Code says the police don't have to?
 
     According to a 1992 LA Times survey, William Masters and
Sandi Webb are joined by a quarter million other Southlanders who
carry guns for protection without a license.
 
     Obviously, it's time that California judges start enforcing
the Constitutional rights of the people of California to protect
themselves, and it's time for KNX to buy some law books.
 
                                #
    Reply to:
 J. Neil Schulman
 Mail:                 P.O. Box 94, Long Beach, CA 90801-0094
 Voice & Fax:          (500) 44-JNEIL
 JNS BBS:              1-500-44-JNEIL,,,,25
 Internet:             softserv@genie.geis.com