During the big press conference the Democrats in Sacramento held to announce their ridiculous list of 10 new proposed laws (which undoubtedly will pass since the democrats have a super-majority), the Chief of Police for the city of Emeryville, CA made the following statement:
One issue that always boggles my mind is that a gun is a defensive weapon. That is a myth. A gun is not a defensive weapon, a gun is an offensive weapon used to intimidate and used to show power
As a law enforcement officer in the very same state as this moron, I was very disturbed by many things, not the least of which is his knowledge of the California Penal Code. The sheer ignorance of his public statement prompted me to do something I never have done before. I sat down and sent his department an email expressing my disgust, which is below:
To whom it may concern;
I recently watched your Chief of Police, Ken James, make a speech during a press conference where state legislators announced sweeping new gun legislation (the first 36 seconds of this Youtube video http://youtu.be/-pN2gzeG0MU). During his speech, Chief James displays an utter lack of knowledge of both the California Penal Code and of case law regarding use of force. His claim that firearms are not defensive weapons, and that they are used only as offensive weapons used to intimidate and show power, is both shocking and entirely inaccurate. As a Deputy Sheriff in California, I am astounded by the ignorance of the law he displayed publicly, and solely for the purpose of backing a political agenda.
Just for a little refresher, since it has clearly been a very long time since he has reviewed the applicable penal code section, I have attached it below.
California Penal Code Section 835a:
Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
Despite what Chief James thinks the role of law enforcement is, the law clearly states that force may only be used to overcome resistance, not as an offensive tactic. All of our actions, including the amount of force we use, up to and including deadly force, are predicated by the amount of resistance given by the offender.
In the civilian world, his statement is even further removed from reality as firearms are actually used in self defense on a daily basis around this country. If Chief James is unaware of these daily instances of self-defense use of firearms, perhaps he needs to find a new source for his daily news intake as many of the mainstream media outlets fail to report those very instances of self-defense as they prove counterproductive to their anti-gun agenda.
Not only should Chief James be ashamed for making such a heinously inaccurate public statement purely for political purposes, but if I lived in your jurisdiction, I would be calling for his dismissal as he clearly is ignorant of the very laws he is charged with upholding.
a very concerned citizen, and fellow law enforcement officer,
“All that is necessary for the triumph of evil is that good men do nothing.” – Edmund Burke
Want to listen to him say it for yourself? The first 36 seconds of this video contain his public statement:
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