Thursday, November 29, 2012

Thursday 11-29-12

Home Defense: How Not to Do It

Hat tip to Joan Peterson for this story on a guy who shot two burglars execution style, and is being charged with murder. It is not often I agree with Joan, but I do agree that the homeowner’s behavior here was criminal and reprehensible. But I do want to explain the law here, especially as it relates to Castle Doctrine, so that we may dispel some common myths. First, from the story:

Brady fell down the stairs and was looking up at Smith when the homeowner shot him in the face.

“I want him dead,” Smith explained to the investigator for the additional shot.

Smith put Brady’s body on a tarp and dragged him to an office workshop.

A few minutes later, Smith heard footsteps above him. As in Brady’s case, Kifer too started down the stairs and was shot by Smith by the time he saw her hips, sending her tumbling down the stairs.

Smith attempted to shoot her again, but his rifle jammed, prompting Kifer to laugh.

Upset, Smith, pulled out a revolver he had on him and shot her “more times than I needed to” in the chest, he said.

Smith dragged Kifer next to Brady as she gasped for her life. He pressed the revolver’s barrel under her chin and pulled the trigger in what he described as a “good, clean finishing shot” that was meant to end her suffering.

Smith acknowledged leaving the bodies in his home overnight before calling a neighbor to ask about a lawyer and to request that authorities be notified.

In nearly all 50 states, including Minnesota, the mere use of deadly force in the circumstance of someone feloniously entering your home is, generally speaking, legitimate self-defense. In many states, forced entry into an occupied dwelling is considered prima facie evidence that a deadly threat exists. Minnesota, following traditional common law, allows for deadly force to be used to prevent the commission of a felony, though in MN limited to one’s place of abode, and burglary is a felony in Minnesota. Minnesota law states:

609.065 JUSTIFIABLE TAKING OF LIFE.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.

Regardless of whether castle doctrine has passed in Minnesota or not, there is already an absolute unqualified right (qualified by a duty to retreat in some circumstances in the home imposed by judicial fiat) to respond to burglars invading an occupied home in Minnesota with deadly force, but only if the purpose of such force is to prevent the continuing felony, or to protect life and limb. Murder is never lawful, and Minnesota, like most states, defines (in this case 2nd degree) murder as when someone ”causes the death of a human being with intent to effect the death of that person or another, but without premeditation,” (emphasis mine). As soon as you say something like this to the police:

“I want him dead,” Smith explained to the investigator for the additional shot.

[...]

Upset, Smith, pulled out a revolver he had on him and shot her “more times than I needed to” in the chest, he said.

Smith dragged Kifer next to Brady as she gasped for her life. He pressed the revolver’s barrel under her chin and pulled the trigger in what he described as a “good, clean finishing shot” that was meant to end her suffering.

That’s the intentional infliction of death, which is murder. The intent in self-defense is never to inflict death, but to stop the attack, or in the case of Minnesota law, to prevent to commission of a felony. Once they are down, they are no longer a threat and no longer committing a felony. To take a “finishing shot,” becomes murder. This is regardless of the Castle Doctrine law.

I say this because our opponents characterization of this law as “shoot first,” and “license to kill,” creates the very real danger, when combined with an ignorant and unquestioning media willing to repeat their rhetoric, that some fool or whack job may actually believe it. This man confessed his crime willingly to the police. Why would he do that if he did not believe he was in the right? Let us not continue to peddle the myths about deadly force laws. Murder is always illegal.

http://www.pagunblog.com/2012/11/26/home-defense-how-not-to-do-it/

Waxing Cheese for StorageFor a while now I have been thinking of preserving whole cheese for long-term storage, even though I have dry cheese powder in my larder. I then found a tried and true method that fascinated me. It's waxing with cheese wax.
You see them at the grocery store. Small round cheeses of different kinds, surrounded by soft red wax. Now, this wax isn't your ordinary paraffin wax you use for sealing the tops of your strawberry preserves or waxing your surfboard. This is much softer, and pliable, with a combination of waxes. Some contend you need multi-crystalline wax mixed with the paraffin to produce a good coating that will not be brittle and crack. Some even say you can mix non-toxic crayons with the paraffin to make your own cheese wax. Cheese wax prevents your cheese from developing mold or bacteria and it keeps the moisture in.
Well, I just purchased 2 lbs from an online homestead supply vendor and here is what I did:
First, you want everything sterile. I used 70% alcohol to clean the knife, gloves and the cutting board, and then rinsed with boiled water. Next, I used an old loaf pan to melt the wax in, this will pretty much dedicate it to this purpose, because it is almost impossible to get all the wax off once you use it...

Bring the temperature to around 200f degrees, using a hot plate if possible. The wax is very flammable and an open flame is not advisable.
I bought two 5 lb blocks of cheese that were sealed in plastic from the manufacturer. I avoided the cheese that is repackaged by the grocers in their deli case, to lessen the contamination factor.
It's very important that you use cheese that has been set out to dry on a rack after opening. This way, the excess moisture has time to evaporate. If not, it could cause the waxed cheese to expand and crack.
Next, I put on my gloves and cut the blocks in half to a 2-1/2 lb size, which are more manageable.
At this point, you want to keep the cheese on the sterile board so that it is not exposed to any stray bacteria.
Another method is to wrap cheese in cheese cloth prior to waxing, for extra strength.
Now, let the waxing begin...
You will dip the cheese in the wax for a couple of seconds, then wait about a minute for it to cool. Set it down to cool some more (about 90 seconds). Then, turn it over and do the other side, again letting it cool between coats...
I used a magic marker to label the cheese wax with the type and date before the last coat is applied... Repeat this process 3 or 4 times, until the entire block is covered, including any holes you see. Some recommend using a natural bristle brush to fill the holes, but I found this to be messy.

As you can see, on that large manly T-shirt, you may get some of the wax on you or your clothing. This does not remove easily...

There you go... Two blocks of mild cheddar and two blocks of mozzarella all ready to be stored in a cool place for up to 25 years without refrigeration...

Just hang them in a net bag so air can circulate around them, keeping like cheeses together. They will continue to age as time passes, so that mild cheddar may become a yummy sharp one.
I just keep the cheese wax in the pan for the next time. Just let it cool, then cover. If you get curious and open one of your creations early, save the wax, re-melt it, and reuse on your next project.
The soft waxed cheese blocks will respond to gravity, so you should periodically turn them.
Before waxing, you can brush on liquid smoke, or cold smoke the cheese for an extra treat.

http://www.alpharubicon.com/prepinfo/waxcheesestorebunkerbob.htm

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