Is Carrying a Gun
Provocation to be Attacked?

By Dean Weingarten. May 3, 2022

In the law of self defense of almost all states, If a person is attacked, and reasonably fears for their life, they may legally defend themselves with deadly force. A small minority of states require a person to retreat from the situation, if they can do so in complete safety.

In all states of which I am aware, a person may not use deadly force in self defense, if they provoked the attack with the intent of using deadly force.

It is not legal to start a fight so the person who started the fight can kill someone who they provoked.

Mere possession of an openly carried weapon is not legal provocation to attack.

The Left has been floating the idea that mere possession a weapon is provocation. They contend the sight of someone in possession of a weapon is sufficient provocation for a person to attack the person who possesses the weapon.

This creates a bizzaro world where mere open possession of a weapon is sufficient to justify a deadly attack on the possessor. Apply this to police. They almost always carry a deadly weapon, openly.

This concept is contrary to common sense and the experience of thousands of years. If a person has a weapon, people see a reason to leave the armed person alone. In the Kyle Rittenhouse incident, the prosecutor, ADA Binger, during a pre-trial hearing, said this:

"He was running around with a assault rifle type weapon, a very threatening, aggressive weapon. One that deters people, it is designed to deter people. It is designed to threaten others; to let them know, don't mess with me, look what I've got."

During the trial. Binger did not claim mere possession of a firearm was provocation to be attacked, although he hinted at it. He claimed, on the basis of very fuzzy drone footage, that Kyle had momentarily pointed his rifle at two other people, and that was provocation for a third person, Rosenbaum, to attack Kyle. The jury did not accept this theory.

In a sane world, carrying a weapon is not a provocation to be attacked. The Left has worked hard to make it a provocation, in law. .....


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