Bans on Tasers:

A bunch of jurisdictions -- according to a student paper I read, Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island, Wisconsin, plus Philadelphia, Baltimore, Chicago, and Washington, D.C. -- ban the possession of tasers. Are there any sensible justifications that I'm missing for such bans, and for bans on carrying tasers outside the home?

Obviously, they could be used for criminal purposes, whether to assist in a robbery or a rape, or just to hurt people. But at the same time, I would think they're quite useful for self-defense, in at least three different circumstances:

  1. When it's illegal to carry a gun, whether because carry licenses are generally unavailable, or because the person is 18 to 20, and licenses are only available to those 21 and older.

  2. When there's a legal obstacle to the person's possessing a gun, for instance, when the person is an ex-convict (perhaps even someone convicted of a nonviolent felony), is underage for gun purchases, or lives with someone who is an ex-convict and who might be said to "constructively possess" any guns that his housemates possess.

  3. When the defender isn't willing to use a deadly weapon, even against an attacker.

And my sense is that tasers are materially more effective than pepper spray, because they can disable the target wherever they hit him (though on the other hand my sense is that, unlike with pepper spray, they can't be quickly fired a second time).

I would think therefore that the net loss for self-defense from banning tasers substantially exceeds the net gain in any taser-related crime that would be stopped (especially since most people who would be willing to commit that crime would also be willing to violate the laws against taser possession, and it's unlikely that the taser possession will be discovered in time to prevent the crime). And I would think this should be the view even of people who take a different view about guns, since tasers are vastly less lethal than guns are.

Is there some sound reason that I'm missing for prohibiting these outright, as opposed to requiring training, licensing, or some such?

Jim at FSU (mail):
From my experience living in NYC, the reason is typically per se hostility to self defense.

All the people they care about (celebs, wealthy, politically connected) get handgun permits.
12.11.2008 7:55pm
CDR D (mail):
>>>Is there some sound reason that I'm missing for prohibiting these outright, as opposed to requiring training, licensing, or some such?



<<

Allowing such devices to be possessed by ordinary, law-abiding citizens creates a hostile working environment for constituents of liberal politicians.
12.11.2008 7:59pm
MQuinn:
In Wake County, NC, there has been a lot of discussion about preventing police officers from carrying tasers because tasers are commonly thought to be non-deadly and therefore are used with the liberty of pepper spray. However, frequently tasers in fact result in death. Thus, the deceptiveness of their power, which has resulted in at least one taser-related death, is a commonly proffered justification for their ban, at least as to police officers.

I am not defending this justification; I am only noting that it exists.
12.11.2008 8:01pm
Christopher Cooke (mail):
I am with you, I think private ownership of tasers should be allowed.

But, I can conceive of two explanations (both unlikely):

1. Safety: Tasers don't always disable, so allowing their use might endanger the user, i.e., the user should pack more lethal force. I have seen a taser used on someone who was high (likely, on PCP), and he was not disabled by it. I know that stun guns also are not always effective. Thus, while I defer to others with greater expertise, it is conceivable that you could justify the ban on this ground.

2. Economics: Maybe the gun lobby got these bans passed to encourage more sales of firearms. Probably unlikely (at least for DC, which is hostile to gun ownership).
12.11.2008 8:02pm
Paul Milligan (mail):
Don't Tase me, Vo(lokh) !!!!
12.11.2008 8:02pm
GainesvilleGuest (mail):
I think you accurately summed up the rationale behind these laws in a previous post Professor..."Pacifist-Aggressives."
12.11.2008 8:04pm
alkali (mail):
I live in Massachusetts and I think our gun licensing scheme is generally a sensible one. But I agree that this is a good point. Tasers are not without their dangers, but if I had to put a number on it I'd guess that they are about 10% as dangerous as guns, so if there were some kind of regulation on tasers you would think it would be less stringent than the gun licensing scheme, not more so.

FWIW, I don't think EV's analysis of why tasers might be useful gets the most important thing: tasers would be most useful to someone who wanted a defensive weapon that would be less dangerous than a gun if it were used in error by the owner, or if it were used by a person other than the owner (a minor, a thief, an attacker who somehow obtained possession of the weapon). EV's points (1) and (2) are really just features of the legal landscape surrounding firearms and don't really suggest why something like a taser might be useful. His point (3) sort of overlaps with my analysis although it's stated more as philosophical objection to the use of deadly force per se, which I don't think is a view that many people hold.

(* For purposes of this discussion, you may assume that I hold that view because I'm hopelessly ignorant, frightened of guns, and generally favor brutal tyranny.)
12.11.2008 8:05pm
UFlaw (mail):
Professor Volokh,

Incidentally, would love to hear your thoughts on the lawsuit filed this week by the Students for Concealed Carry to overturn the gunban at Colorado University. They say it violates the state's preemption statute. It seems to me that this case is very similar to the case that brought about concealed carry on Utah Campuses.
12.11.2008 8:07pm
Simon P:
What does the evidence on police use of tasers tell us about their use? I'm genuinely asking; I don't know.

Anecdotally, I have the sense that police officers are using tasers in a variety of circumstances where deadly force would not have been justified or where their use would not even have been strictly necessary had the officer been more patient. That is to say that whereas, before, it was talk 90% of the time and gun 10% of the time (say), now it is becoming more like talk 60%, taser 30%, gun 10%.

I have no idea whether this is the case, and I hope it isn't. But if it is, it's a problem that would seem to me to be a problem for law-abiding non-police officers, as well. Perhaps even moreso. It could be an interesting way to develop the law of intentional torts, though.
12.11.2008 8:13pm
Thomas_Holsinger:
Commenator Fub here posted an explanation a while back of the rationale for banning toy weapons which applies equally well to non-lethal weapons such as tasers - a belief in magic:
"... What makes these ritual bannings of depictions or imitations of real weapons politically effective (among those for whom they are effective) is a very primitive human thought process: belief in sympathetic magic.

The actual object, the weapon, is imbued with magical power. Its very presence magically causes harm. It causes people to behave in evil ways. The rationale commonly offered is that the mere presence of a weapon makes people more prone to violence.

Sympathetic magic is the belief that what one does with an imitation of the thing with magical power will affect the actual thing. For example, in a magical religious context we see the image of a deity addressed, or given gifts or sacrifices. The magical deity is affected through the treatment of its image, and so performs its magic for the one who gives the image a gift.

In the imitation weapon banning context we have first the belief that the object, the actual weapon, is magic and causes those in its presence to behave in an evil manner. The sympathetic magical belief is that by banning the image or the imitation weapon, the magical power of real weapons to cause people to be violent will be lessened, or the real weapons will stay away from the presence of the faithful."
12.11.2008 8:16pm
Gilbert (mail):
One legitimate reason is for fear that people underestimate the dangerousness of tasers/stun guns, and are therefore more likely to use them unjustifiably. Really, you don't know if using it deadly force or not without asking the person you are about to taze about their medical history.

Of course, it's more likely is they just fear technology, especially when it's designed to hurt people.
12.11.2008 8:20pm
js (mail):
or its baudrillard. people can no longer differentiate between the simulacra and the real. (or at least those opposed to weapons ownership cannot)
12.11.2008 8:23pm
JB:
Isn't a more plausible reasoning the one used in Britain to ban swords?

Crimes are committed with weapons; ban the weapons.

This would be more plausible if the localities banning tasers also banned guns--the gun ban was really a ban on offensive weaponry, and as tasers became more common they were covered also.
12.11.2008 8:30pm
McGrath (mail):
Whether you agree that it's a decent justification, I'm pretty sure MQuinn is on the money.

I think the International Association of Chiefs of Police put out a study on tasers, their use, and the common misconception that they never kill people. IIRC the IACP report suggested that tasers should be considered just barely below use of a firearm on the continuum of force. I don't remember where they came out on the issue of classifying tasers as per se deadly force (but i know that was a serious consideration at one point in the research).

I'd provide a cite but I have an exam tomorrow.
12.11.2008 8:31pm
pintler:

Really, you don't know if using it deadly force or not without asking the person you are about to taze about their medical history.


On the balance, though, they are much less likely to injure than the alternatives - a gun, kitchen knife, or baseball bat. Even fisticuffs can and do lead to fatalities.

A quick google indicates that they cost something like $50 per 'shot'. I would think that would discourage inappropriate use to some degree.
12.11.2008 8:34pm
Brooks Lyman (mail):
Alkali -

I also live in Massachusetts, but I wouldn't, as a State Police- and NRA-certified Firearms Safety Instructor, consider our licensing scheme to be generally sensible. Anyone who wants a more detailed critique should go to the site of Gun Owners Action League - www.goal.org - and look into how our MA licensing scheme works - or, more correctly, doesn't work, if deterring violent crime is the intent....

MA currently requires a special form of Firearms Identification Card (FID) in order to own Mace, pepper spray, etc. I'm sure that this makes the law abiding citizen - particularly women - feel safer.

And yes, the Taser, etc. is banned in MA, with the exception of police, etc. I feel safer already, just knowing that....

What ever happened to the concept of letting people own weapons, and punishing them severely if they misuse them?
12.11.2008 8:38pm
Helen:
I really don't understand the Taser law in Connecticut, where it's legal to have one in your home, but illegal to carry it -- even if you hold a concealed carry permit and can therefore carry a firearm legally. Concealed carry permits are quite straightforward to get in Connecticut; technically we're a "may issue" state, but in practice, we're "shall issue" with no requirement to demonstrate need.

But I've given up on expecting state laws to make sense.
12.11.2008 8:42pm
raven397 (mail):
The purpose of banning taser possession to to turn the citizenry into helpless subjects, who are then even more dependent on the "professional" agents of the state. Disarming and weakening the citizens is a necessary condition of making the state more powerful. The process is well along in the UK. After guns were banned, knives are next. soon cricket bats and baseball bats will join the banned list.
12.11.2008 8:51pm
Jay Levitt (mail) (www):
I can't help but notice the number of comments here that say something like "I have no idea how safe tasers are, but they're certainly far, far safer than guns".

That, itself, is evidence for the argument that people assume tasers are safer than they really are.

I looked for the IACP report, but all I could find was a 9-step "strategy" that said, in essence, "departments should form policies."

Some web sites claim 300-400 deaths from Tasers in North America, but I don't imagine there's some independent arbiter of who goes on the list - and I have no idea how that compares to deaths from, say, police batons (either per capita, per incident, per baton/taser issued...)
12.11.2008 8:58pm
Tammy Cravit (mail):

A quick google indicates that they cost something like $50 per 'shot'. I would think that would discourage inappropriate use to some degree.


If, however, a private citizen uses their TASER in a legitimate self-defense situation, and provides TASER International with a copy of the police report for such incident, the company will replace the dart cartridge for free. (See here and click on #15 for details).

One other factor mitigating against misuse, and in favor of the bans being silly: When a TASER is fired, it disperses about 30 colored pieces of paper (they look like the detritus from a 3-hole punch, only smaller) imprinted with the serial number of the dart cartridge. Barring a TASER abuser carrying around a portable vacuum cleaner, I'm told (by my local police department's weapons instructor, with whom I did a "ride-along" a few years ago) that these "anti-felon ID tags", as TASER International calls them, can generally be recovered from the scene of a TASER discharge and the purchaser of the weapon that fired them identified.

This is not foolproof (TASER weapons or cartridges could conceivably be lost, borrowed or stolen), but it serves to further reduce the risk of misuse. You can see what the AFID tags look like about midway down this page.
12.11.2008 9:07pm
Tammy Cravit (mail):
Sorry, missed a step...to see the AFID tags, click on this link, click on Technology and then scroll down. (Silly Javascript-based navigation; makes it darned hard to link to content directly.)
12.11.2008 9:09pm
fortyninerdweet (mail):
If the same standards held for the use of a taser as for the use of a firearm, ie: threat of impending bodily harm, reasonable cause, reasonable force, etc., etc., then the state of health of the tased should not be a factor - except for the normal assortment of bleeding heart twits attendant upon all social interactions. After all, the tased was doing something to threaten another. She/he needed to be tased [or shot with a firearm] in order to prevent the harm.

Since that position is too logical to be enforced by our society we must ban tasers. Makes perfect sense to me. That way only the bad guys, and a few diabolical wayward cops, will have tasers.

I vote for the "Pacifist-Aggressives" causative factor. As a former officer I have to say that any position taken by the IACP is probably exactly opposite of what would turn out to be the best public policy.
12.11.2008 9:11pm
AMichiganWolverine:
Eugene:

If you're doing research on Tazer Laws, look up the story of former sheriff and current state representative Rick Jones in Michigan pushing his bill to legalize committees through the committee in the state house. As part of his effort to push the bill, he had himself publicly tazed (on the record I think) at a committee meeting.
12.11.2008 9:13pm
Guest12345:
I can't help but notice the number of comments here that say something like "I have no idea how safe tasers are, but they're certainly far, far safer than guns".


Really? That's what you notice? Because I didn't notice that and I went back through the thread just now and there is one person who said anything that could even be construed that way. No one else even came close to that comment.
12.11.2008 9:21pm
Bama 1L:
When the defender isn't willing to use a deadly weapon, even against an attacker.

1. As noted above, tasers turn out to be deadly quite at random. Thinking you are going to tase someone and there is no way they will die is kind of like thinking a .22 pistol is definitely nonlethal if you aim it for the legs.

2. If you would not kill your assailant, I have to wonder why you are using force at all.
12.11.2008 9:36pm
bacchys (mail):
Tasers are fairly safe, and they're certainly less likely to cause harm than firearms. A study by the Wake Forest University School of Medicine found Tasers to be safe.

"This study is the first large, independent study of injuries associated with Tasers. It is the first injury epidemiology study to review every Taser deployment and to reliably assess the overall risk and severity of injuries in real world conditions," said William Bozeman, M.D., the lead investigator and an emergency medicine specialist at Wake Forest University School of Medicine. "The injury rate is low and most injuries appear to be minor. These results support the safety of the devices."


Banning the possession of Tasers by private citizens doesn't seem justifiable to me. I'd personally still prefer a firearm for home and personal defense, but the Taser has advantages. You're not going to penetrate dry-wall and injure someone you didn't intend to harm with a Taser. If you pull the trigger reactively because you confused your husband, son, or wife as an intruder, you're far more likely to be apologizing profusely to a live person than if you'd done so with a firearm. Yes, one should always be perfectly aware of one's target with a firearm. People aren't always perfect.

This makes even less sense than banning private ownership of bulletproof vests and pepper spray.
12.11.2008 9:40pm
Cardozo'd (www):
clearly a big deal. In all my life I have never ever seen or heard of someone having or wishing to have a taser.

Why don't we allow every single weapon possible to be available...that way inexperienced and idiotic people (who outnumber everyone else in my opinion) can do stupid things with them.
12.11.2008 9:48pm
coyote (mail):
I note the following objections.

First, your utilitarian calculus -- "the net loss for self-defense from banning tasers substantially exceeds the net gain in any taser-related crime that would be stopped" -- misses an item in its accounting: use of a taser which is not a crime but also does not deter a crime. An example would be objectively reasonable, but actually mistaken, use of the taser in self-defense. This may be a small item, but it's there. This leads me to believe you may have missed second-order effects, as well.

Second, your utilitarian calculus doesn't take into account the "spring-gun" problem. That is, it is hard to weigh the utilitarian gain in prevention of a crime against property versus the utilitarian debit in infliction of pain and possibly death. (Right, I know: you'll ask people how much is it worth to them in dollars not to be tasered! Or maybe you should ask them how much money they'd take to be tasered!)

Third, your utilitarian calculus seems to be based not on hard data, but on your WAG. Inevitably, all WAGs reflect the biases of the WAGger.

Fourth, you're using a utilitarian calculus. Someone might have a sensible deontological objection to the use of tasers.
12.11.2008 9:48pm
EconGrad:
An interesting question: would the Supreme Court consider Tasers to be "arms" for 2nd amendment purposes?

It is my blanket position that anything the citizenry cannot possess and carry should also be forbidden to law enforcement. It is improper for those whom society has hired to assist in their defense to have a monopoly on the use of any crime deterrence technology.
12.11.2008 10:00pm
TheNewGuy (mail):
Tasers are not the "death ray" that some of the usual suspects would like you to believe... and they produce fewer injuries than traditional methods of restraint (batons, strikes, etc).

The increasing deployment of Tasers has also resulted in a decrease in officer injuries, and subsequent disability (officers don't always come out of a knock-down-drag-out unscathed).

Everyone seems to worry about cardiac patients being Tasered by police (never mind the inherent stupidity of a cardiac patient deciding to duke it out with several cops)... but there has already been a case of a cardiac patient with a pacemaker who was hit by a Taser (he was a federal prison inmate). It was presented about a year ago in the Journal of Cardiovascular Electrophysiology. Pacemakers are hardened against electrical shock, and in this case, the Taser actually achieved capture on the patient's heart through his implanted pacemaker leads... and the patient survived it just fine:

Here is that case report, and here is a review article from earlier this year:

The medical community has done studies on the use of electrical weapons, and their effects of cardiac physiology. Thus far, researchers have been hard-pressed to replicate the purported lethality that Taser opponents claim.

And no, I don't work for Taser, and never have.
12.11.2008 10:01pm
Thomas_Holsinger:
If you tase someone 10+ times in a minute, you can kill them due to lactic acid buildup in the shocked muscles.

This generally occurs in individuals tanked out of their gourds on really dangerous crap like PCP and some methamphetamines, who are resistant to the first few taser shocks. That tends to terrify police so, if more than one or two officers are present, they all pull all their tasers and shoot the subject as rapidly as they can (sometimes as many as 30-40 times total in a minute) until he finally goes down for good.

Which is sometimes a bit more permanent than they expected.

It would be difficult for civilians to emulate this kind of danger.

Which of course means the puppies get bannned.

Because they're magic.
12.11.2008 10:27pm
Alexia:

A quick google indicates that they cost something like $50 per 'shot'. I would think that would discourage inappropriate use to some degree.


A slightly modified Google search indicates they can be produced from leftover dispoable cameras. Somebody is getting ripped off!
12.11.2008 10:32pm
Mike99 (mail):
The justification for banning Tasers is virtually identical to that for banning firearms: They are useful for honest people in defending their lives and property. Many politicians who know what our lives are worth far better than do we, don't like the idea of the common rabble possessing, to say nothing of using, weapons of any kind.

However, Tasers, and other "less than lethal" weapons are often thought to be a replacement for firearms. They are not. If one of the two electric wires attached to a small barb does not embed itself in the target's skin, no shock will be imparted. This can occur for a variety of reasons, including thick clothing, striking a belt, a ring, a watch, a shirt button, a bet buckle, the underwire of a bra, etc. The kinds of Tasers commonly carried by police officers have two cartridges, allowing a quick follow up shot, but if the first cartridge fired did not penetrate a suspect's clothing--and Tasers require that you be quite close to the intended target--there will likely not be sufficient time for a followup shot.

Keep in mind too that when a Taser is used by the police, it is commonly used by one officer with several backup officers present, ready to use physical force, or their handguns, if the taser fails. This is not an option available to the average citizen.

The general rule among police officers is that Tasers and various "foolproof" physical combat tactics work nicely in the training gym on sober police officers. In the real world, not so much. Even though there is no such thing as a firearm that will, under all circumstances, instantaneously stop an aggressor with a single shot, they are far superior to Tasers or other devices when one's safety or life are at risk.
12.11.2008 10:37pm
Gaius Obvious (mail):
Many jurisdictions also ban the carry of pepper spray or limit it's pepper content to less than a certain percentage. One could ask what's the point of that even moreso than the taser ban.
12.11.2008 10:38pm
whit:

However, frequently tasers in fact result in death


no, they don't. deaths are "associated' with tasers, sometimes. deaths are also associated with any sort of physical exertion on the part of arrestees, who are often on polydrug combos, with heart conditions. this includes, for example, merely wrestling with suspects. and they did. i had a guy stop breathing on me once after a 2 minute wrestling match (he lived btw).

iow, correlation =/= causation.

they are not CAUSED (result to use your word) by tasers.

see for example, excited delirium.

i've been tased, fwiw, as have many people i work with . voluntarily. i have read the studies.

this is one of the biggest myths. it drives me nuts, because it is 100% NOT scientifically based.
12.11.2008 10:45pm
whit:
remember, that when cops use tasers (and pepper spray) the ultimate goal (usually) is to effect an arrest, as well as self-defense. when it comes to pure self-defense - iow, being able to disable somebody long enough to GET AWAY, imo pepper spray is more effective.

the instant the taser stops pulsing (a matter of seconds unless you keep depressing the trigger), all muscle function is essentially restored. iow, it's like it never happened. this means as a self-defense weapon, pepper spray has advantages. it makes people have difficulty seeing, and the effects last much longer.
12.11.2008 10:47pm
whit:

The increasing deployment of Tasers has also resulted in a decrease in officer injuries, and subsequent disability (officers don't always come out of a knock-down-drag-out unscathed).



it also causes decreased SUSPECT injuries and deaths. and decreased collateral damage (see: stray bullets etc.) to innocents.

the stats are astounding.

also, i need to clear up another misconception that was equally prevalent the last taser thread we have (some people never learn).

tasers (in almost all agencies) are a MUCH lower use of force option than a firearm. they are not a replacement for firearms. in my agency, they are below baton strikes in the use of force spectrum.

they are NOT NOT NOT a firearms replacement. period.

in some circumstances, as mentioned, when you have multiple officers and/or cover etc. sometimes a taser is used in lieu of a firearm (when an officer is standing by with deadly force if the taser doesn't work).

but the vast majority of tasing incidents are at a much lower use of force than a gun would be.

and that's how they are SUPPOSED to be used.

tasers are also phenomenally effective as a deterrent. the mere display of an unholstered taser can very frequently get voluntarily compliance, especially when the person has been tased before.

i have seen that happen 2 dozen times before at least.
12.11.2008 10:54pm
MCM (mail):
the mere display of an unholstered taser can very frequently get voluntarily compliance, especially when the person has been tased before.


I think you mean "compliance coerced via threat of severe pain".

Not that I don't disagree with your other points. But something in your mentality is troubling.
12.11.2008 11:26pm
MCM (mail):
*"don't agree" or "disagree"
12.11.2008 11:28pm
Thomas_Holsinger:
whit,

Taser use does too result in death for everyone hit by tasers. So does breathing.

But breathing and taser use only rarely cause death.

Almost everyone at Hiroshima and Nagasaki, when those were struck by nuclear weapons, has since died. Ask any Japanese.
12.11.2008 11:33pm
A. Zarkov (mail):
"Someone might have a sensible deontological objection to the use of tasers."

Give us an example of a sensible deontological (why do you use a fancy word when a simple one will do?) objection to th use of tasers.
12.11.2008 11:34pm
TomHynes (mail):
California Lawyer had an article on the suits against Taser, including the Daubert issues.

From reading the article, many if not most of the deaths are from multiple cops Tasering a suspect, then shocking over and over again - 25 times or more. I suspect this is less likely to happen in the case of a private citizen - just because it is usually only one guy that has the Taser.
12.11.2008 11:36pm
whit:

I think you mean "compliance coerced via threat of severe pain".

Not that I don't disagree with your other points. But something in your mentality is troubling.



uses of force are not pretty. deal with it. the reality with the taser (i've carried one for 3 years and never shot it at anybody. i am more restrained in my use of force than 99% of other officers, but i can afford to be because i have good verbal skills and competitive strength athlete skillz) is that it hurts. i've been tased. it's not fun. that is a GOOD thing because it is far better to NOT have to deploy it.

the reality on the streets is a little different than the pristine world of blogs. some people don't want to go to jail/comply, and the taser saves them from (for example) a baton strike (far far far more dangerous), empty hand strike (ditto) etc.

that's a good thing.

and it may not be pretty and nice that sometimes cops have to resort to a (god forbid) drawn taser pointed at an individual to get him to comply, but that is FAR FAR preferable to him getting hurt in a fight with police, the cops getting hurt in a fight with him, or even worse - him getting a cops gun or hurting an innocent bystander.

you sound like william kunstler raging against "pain compliance" (with accompanying spittle, rumpled clothes, and wild hair) when you are disturbed by my "mentality".

my mentality is that in 20 yrs of law enforcement i have never even had an excessive force complaint, let alone a sustained one. my mentality is doing just fine, thanks.

fwiw, we have also encouraged a generation of cops that are simply not NEARLY as tough (physical skills and strength) as was common decades ago. i dislike the fact too many rely on tools like the taser as a crutch for lack of physical skillz, but that's another topic.
12.12.2008 12:02am
Skyler (mail) (www):
It seems obvious to me that the reason is, because they can.

We don't need no badges.
12.12.2008 12:27am
A. Zarkov (mail):
whit:


About 20 years I was on a NYC subway talking to a policewoman. She was short, she didn't look either strong or threatening in any way. I asked her what she would do if she had to deal with a violent opponent. She said she would radio for help and use her gun. Then I thought about Texas Rangers (do they still exist?), who are supposed to really large, strong guys with an intimidating manner. They don't have to resort to using their weapon as often I'll bet. But of course in liberal NYC it's more important to have women on the force than to prevent violence.
12.12.2008 12:30am
epeeist:
First, a related aside: I do think that some police forces use tasers too quickly, it's good to use them as less lethal if the situation allows it, but I think the perception that it's "safe" encourages overuse. I don't think people e.g. refusing to sit down at a public meeting and who are no danger to anyone should be tasered. Tasers should be used in the sort of situation justifying at least clubbing the person (batoning the person?) if not shooting them, not as frequently as they are.

On to the question, I agree it's probably desire to control weapons and having limited ability to do so with handguns, pick on tasers.

That said, I could see that there might be some justification for banning or heavily regulating them if there was some evidence they were a choice of kidnappers as being particularly useful or something like that (similar to, even someone in favor of a much more liberal recreational or medicinal drug policy might think drugs like rohypnol/GHB should be heavily restricted because of their use in rapes and because there are lots of other recreational drugs without those same memory effects). I don't think such a justification exists currently, but it might.
12.12.2008 12:58am
Ricardo (mail):
uses of force are not pretty. deal with it. the reality with the taser (i've carried one for 3 years and never shot it at anybody. i am more restrained in my use of force than 99% of other officers, but i can afford to be because i have good verbal skills and competitive strength athlete skillz) is that it hurts. i've been tased. it's not fun. that is a GOOD thing because it is far better to NOT have to deploy it.

Peter Moskos makes the argument that tasers can too often be used as a crutch by cops who are either out of shape (and so don't want to engage in physical confrontation since they don't have your "competitve strenght athlete skillz") or have poor people skills. If you are more restrained than 99% of other officers, then you are obviously quite good at your job. What about the other 99% though? Some departments seem to give pretty broad discretion to taser uncooperative assholes. But the point Moskos makes is that good cops have lots of other tools at their disposal and should only use tasers as a last resort. I'd be curious to see your perspective.

Zarkhov:

About 20 years I was on a NYC subway talking to a policewoman. She was short, she didn't look either strong or threatening in any way. I asked her what she would do if she had to deal with a violent opponent. She said she would radio for help and use her gun. Then I thought about Texas Rangers (do they still exist?), who are supposed to really large, strong guys with an intimidating manner. They don't have to resort to using their weapon as often I'll bet. But of course in liberal NYC it's more important to have women on the force than to prevent violence.

I have heard that nowadays NYC pays starting cops about 30-35k per year. And this is NYC, not Plano, TX. Beggars can't be choosers.
12.12.2008 1:13am
matt d (mail):
I saw a couple minor falsehoods above and I thought I might clear them up.

The tasers sold to civilians (like the C2) have a 30-second charge cycle, and can be dropped and left, er, zapping while you run away (not just "a matter of seconds unless you keep depressing the trigger"). Law enforcment versions go for shorter periods, since cops have guns and other cops for backup.

If you leave a taser at the scene (because you took advantage of the 30 seconds to run), Taser will replace the whole unit upon receipt of a police report (not just the fired cartridge, as someone mentioned above).

The Taser C2 can be used as a traditional contact stun gun if the probes miss. This mode just causes pain, not the muscle shutdown that you get when the probes hit. Not sure about other civilian models.

Someone asked why anyone would ever want one; I got one for my wife, because there is no legal way for her to carry a firearm, and pepper spray is out of the question due to asthma. And lemme tell you, the background check that Taser does is far, far more of a pain in the butt than the monkey dance California puts you through for buying a handgun.

-matt
12.12.2008 1:15am
matt d (mail):
Meant to mention I'm not affiliated with Taser in any way, aside from being a customer.

-m@
12.12.2008 1:17am
theobromophile (www):
Obviously, they could be used for criminal purposes, whether to assist in a robbery or a rape, or just to hurt people. But at the same time, I would think they're quite useful for self-defense

Weaponry always has that symmetry - that which is a good defensive weapon will almost always also be an equally effectual offensive weapon. Unless we limit citizens to thinks like locks, burglar alarms, and bulletproof windows, we're going to have to allow people to carry that which can be used with equal efficacy to harm innocent people and to help innocent people avoid unjustified harm. "But it's dangerous!" is the point of a defensive weapon, too.

When the defender isn't willing to use a deadly weapon, even against an attacker.

A weapon that you're unwilling to use is worse than useless - it can be used against you (or your hesitation to use it can embolden the attacker).
12.12.2008 1:26am
Grover Gardner (mail):

Obviously, they could be used for criminal purposes, whether to assist in a robbery or a rape, or just to hurt people.


Doesn't that sort of answer the question?
12.12.2008 1:29am
gattsuru (mail) (www):
However, frequently tasers in fact result in death


Ah, no.

Taser uses have been associated with deaths in rare cases, on the order of twenty to forty a year, with a good 7,000-9,000 entire police departments issuing the damned things. The vast majority result in minor injuries less severe than a tackle by police officers would be.

Even the highly publicized cases like those of the unfortunate Mr. Robert Heston and Robert Dziekański involved models not available to individuals outside of police departments, on durations and intensity of charges that non-police models are simply incapable of achieving. The police version, the X26 and X26C, are capable of pushing a 5 second duration high-intensity shock up to a dozen times. The civilian 26C push a single 30 second duration shock (composed of 17 pulses per second for 5 seconds, 12 PPS for 15 seconds, 1/2 second break, 17 PPS for 1.5 seconds, 8 PPS for remaining 8 second) that is both much less powerful and can not be used for the duration associated with taser deaths, with the intent being to fire the device and run like hell.

If you think this is anywhere near a firearm on the force continuum, you apparently haven't seen knives, more powerful pepper sprays (allergic reactions expressed in roughly 1 in 100 individuals and are potentially life-threatening), a long cane, or a dozen other self-defense tools that can be just as life-threatening. It is not hard to cause permanent or even disfiguring damage with most self-defense tools. Excluding powerful flashlights, short and light police batons or similar devices, and a good sense of self-preservation, there aren't many items with a lower risk of injury or fatality.

Is there some sound reason that I'm missing for prohibiting these outright, as opposed to requiring training, licensing, or some such?

Because people do stupid crap with things they think are toys, and politicians do stupid crap when they think there could be people — ones without the fancy badge and suit — near them armed.

I do think many of these laws are unconstitutional, though. Both from a 2nd Amendment viewpoint, and from a bill of attainder one. Taser is a brand name, after all, and many of these laws name it specifically. Of course, both local jurisprudence and Lovett disagree.
12.12.2008 1:33am
gattsuru (mail) (www):
Obviously, they could be used for criminal purposes, whether to assist in a robbery or a rape, or just to hurt people.
Doesn't that sort of answer the question?


Well, obviously then there's a reason to ban kitchen knives, forks, nutmeg (hallucinogen), large sticks, heavy rocks, paper, ski masks, condoms, wallets, purses, flashlights, rope, motel rooms, beer. Let's add in a 8 O'Clock curfew and mandatory tracking implants.

After all, anonymity and darkness assist in a robbery, rape, or hurting people.
12.12.2008 1:38am
MCM (mail):
fwiw, we have also encouraged a generation of cops that are simply not NEARLY as tough (physical skills and strength) as was common decades ago. i dislike the fact too many rely on tools like the taser as a crutch for lack of physical skillz, but that's another topic.


I don't think it's another topic. I think it's the whole point.

I don't disagree with very much of what you said, but I would echo what Ricardo said as well.
12.12.2008 2:08am
whit:

About 20 years I was on a NYC subway talking to a policewoman. She was short, she didn't look either strong or threatening in any way. I asked her what she would do if she had to deal with a violent opponent. She said she would radio for help and use her gun. Then I thought about Texas Rangers (do they still exist?), who are supposed to really large, strong guys with an intimidating manner. They don't have to resort to using their weapon as often I'll bet. But of course in liberal NYC it's more important to have women on the force than to prevent violence


there are plenty of cops like this. i had one officer tell me "i don't do foot pursuits". that they are "too dangerous". i wanted to say to her to "then take another job". but i restrained myself.

i have also heard an officer say he would NEVER (emphasis on NEVER) go into a DV alone. "too dangerous". so, if you are standing outside waiting for backup, and you hear a woman literally screaming for help (been there) and body being slammed against a wall, you wouldn't go in? "nope."

that's the modern age of police work. better to let the victim get seriously injured or killed, than go in w/o backup.

we also saw that in columbine. institutional cowardice because cops were trained that way ... "wait for SWAT". imo, that was one of the most cowardly and unforgiveable things ever. shooting was IN PROGRESS and kids were getting gunned down and they didn't go in. Seattle PD did a similar official (lt. came on air and ordered people NOT to engage in crowd) "do not engage" order during mardi gras, and kris kime was subsequently killed. it's ridiculous, but that's how modern training/recruiting changed. it's changed since columbine (ASAP program).



Peter Moskos makes the argument that tasers can too often be used as a crutch by cops who are either out of shape (and so don't want to engage in physical confrontation since they don't have your "competitve strenght athlete skillz") or have poor people skills.


i;ve never heard of moskos, but i just made the same argument in my last post :)

iow, i agree.

If you are more restrained than 99% of other officers, then you are obviously quite good at your job. What about the other 99% though? Some departments seem to give pretty broad discretion to taser uncooperative assholes. But the point Moskos makes is that good cops have lots of other tools at their disposal and should only use tasers as a last resort. I'd be curious to see your perspective


i don't agree with "last resort". they are FAR from a "last resort". deadly force is a "last resort". tasers are intentionally placed WAY below deadly force because they AREN'T (by design and by use) a last resort. they are designed to be used at a level in the use of force continuum (depending on the dept.) somewhere at the pepper spray (lower end of range) to the baton (higher end of range) is justified.

the point is that cops should be trained to have the verbal skillz, but the reality is it's SOMEHWAT a gift, and somewhat based on years of experience, and even then - some have it, some don't. mostly, the ones who don't don't last more than a year or two.

but you can't discipline (you can always criticize) cops who use tasers consistent with use of force policy, even if i wouldn't have used it in that situation. and they have the stats to back them up.

i do think when tasers came out (its wearing off now) the "gee whiz new toy" syndrome definitely contributed to overuse. many agencies also placed it too low on use of force continuum.


The tasers sold to civilians (like the C2) have a 30-second charge cycle, and can be dropped and left, er, zapping while you run away (not just "a matter of seconds unless you keep depressing the trigger"). Law enforcment versions go for shorter periods, since cops have guns and other cops for backup.



thank you for correcting me. that makes MUCH more sense for civilian use.


I don't think people e.g. refusing to sit down at a public meeting and who are no danger to anyone should be tasered.


if you are referring to the florida/kerry incident, that is a complete misrepresentation of why he was tasered. i read the entire aftermath investigative report, and that's simply absurd and not at all why he was tased. read the report. if you are not referring to florida, carry on :)


Tasers should be used in the sort of situation justifying at least clubbing the person (batoning the person?) if not shooting them, not as frequently as they are.



iyo, but that's not consistent with the Use of force continuums for most agencies, and it would almost certainly (imo) result in many more injuries being sustained by both cops and suspects (and innocents) than where the taser is placed now.

again, the reality is that tasering doesn't look good (nor does striking people iwth batons fwiw), but it saves a LOT of injuries and many deaths. every major agency (large enough sample) that adopts the taser sees officer involved shootings go way down, suspect injuries down, officer injuries down. that's NOT because tasers are a substitute for a gun. it's that tasers WORK and incidents are quelled where before a %age of them ended up escalating into injuries, or even deadly force.

there is also NO way , with unions, and modern PC policing, that we will ever have the ability to screen out weaklings, and physically incompetents to the extent that used to happen.
12.12.2008 2:22am
whit:

I don't think it's another topic. I think it's the whole point.


but it's always about tradeoffs. simply put, EVERY time you wrestle with somebody you risk - injury (very serious even sometimes), and even death.

but i think that EVERY officer should have a minimum strength standard that is MUCH higher than it is now, for those agencies that even have such standards AND require fitness testing every year (not just in the academy). but concomitant with that, you must have PAID fitness training and PAID incentives when you meet benchmarks.

neither unions nor agencies will EVER agree to what i just said. the strength standards will get the feminists up in arms, the fitness standards will get the unions up in arms, and paying people to workout on duty will never get agency or city council type approval.
12.12.2008 2:26am
MCM (mail):
Good points as to fitness. I think the blame is less on unions and "PC recruiting" and more on the population as a whole being less fit and police salaries not being that great. Paying people to work out seems like a good solution; it might even save municipalities money in the long run from medical costs.

As to the UF/Kerry incident, I think what people get disturbed about is that the kid is already on the ground with 5 personnel on top of him when he gets tased. He clearly was not going anywhere; they just got annoyed at him. And to be fair, he was extremely annoying.
12.12.2008 2:39am
fortyninerdweet (mail):
Thank you, whit, for your comments and for what you do. Its quite obvious most commenters here have not had much actual knowledge of what policing really is about. They have opinions and ideals based on their personal bias, but few have had to "protect and serve" as sworn public servants in personally dangerous situations. So its difficult for them to get a handle on it.

Trying to take a violently acting out individual into some type of protective custody without causing further harm is an ideal goal. Doing it, though, can be hell. And the wide variety of officer personalities and skill sets makes "procedure standardization" somewhat of a laugh. An even greater variance factor, imo, is the degree of patience level spread out among officers. Some will take whatever the time needed to talk a person into custody, others will rush in with overwhelming force if it isn't all wrapped up in two minutes, it seems. Thus the need for a structured level of force protocol such as you describe, including the use of tasers when needed.

It is an imperfect tool for an imperfect world. But its good to learn here its not as "deadly" as some press reports would have us believe.
12.12.2008 3:12am
eyesay:
About 20 years I was on a NYC subway talking to a policewoman. [Blah ... blah ... blah ...] But of course in liberal NYC it's more important to have women on the force than to prevent violence.
Not every police task involves the use of force. A policewoman might be better suited to any number of police tasks than a policeman even if she lacks certain abilities involving the use of force. Just for example, a policewoman would be better suited than a policeman to performing physical security inspections of women. . . .
12.12.2008 3:27am
A. Zarkov (mail):
eyesay:

"A policewoman might be better suited to any number of police tasks than a policeman even if she lacks certain abilities involving the use of force."

This policewoman was riding the New York Subways. As such she faces the possibility of a violent encounter at any time. Moreover her presence in the subway car should act as a deterrent to both delinquent and criminal behavior. The bigger and tougher looking the cop, the more the deterrence. It's simply idiotic to place a short, light and weak-looking woman cop on a subway car. The criminals will not take her seriously. I've seen lots of arrests on the New York subway. I have never, ever, seen or even heard about a physical security inspection of a woman on the subway. Compared to all the other actions police in New York undertake such inspections rank way down in importance.

Have you ever ridden the NYC subways on a regular basis? At night? Alone in a car? In transit through crime-ridden neighborhoods? I have done all that, and sometimes really late at night, like 3 AM. And I did it when NYC had a far higher crime rate than it does now.
12.12.2008 3:58am
MCM (mail):
Have you ever ridden the NYC subways on a regular basis? At night? Alone in a car? In transit through crime-ridden neighborhoods? I have done all that, and sometimes really late at night, like 3 AM. And I did it when NYC had a far higher crime rate than it does now.


Therefore, your opinions above gender roles in policing are irrefutable.
12.12.2008 4:29am
whit:

As to the UF/Kerry incident, I think what people get disturbed about is that the kid is already on the ground with 5 personnel on top of him when he gets tased. He clearly was not going anywhere; they just got annoyed at him. And to be fair, he was extremely annoying.



no, that's not it at all. again, i get pretty pissed off when there is a full investigative report, but people form opinions WITHOUT READING it.
12.12.2008 4:38am
whit:

Good points as to fitness. I think the blame is less on unions and "PC recruiting" and more on the population as a whole being less fit and police salaries not being that great. Paying people to work out seems like a good solution; it might even save municipalities money in the long run from medical costs.


what is this stuff about police salaries not being that great? I mean there are a lot of jobs that pay MORE ( i was considering a rock star career when i was in college. that often pays more), but at least where i work, with just a bit of overtime, 6 figures is very doable. that's not bad. plus, really good benefits.


Paying people to work out seems like a good solution; it might even save municipalities money in the long run from medical costs.



not just medical costs. fit cops have a lower incidence of excessive force, lower costs to the dept. in lawsuits, lower incidents of lawsuits against the dept., etc. it's win/win, but this is PUBLIC EMPLOYMENT where there are disincentives for efficiency, and no profit motive.


It is an imperfect tool for an imperfect world. But its good to learn here its not as "deadly" as some press reports would have us believe


that much is undeniable. there are literally hundreds of people alive RIGHT NOW who would not be if not for the invention of tasers. it really has saved hundreds of lives, but you would never know that from reading the tripe that amnesty international etc. has printed. the facts are very clear if you research it.

most people have no idea how difficult it is to take somebody into custody w.o injury if they are resisting, let alone when they are jacked up on drugs. too many tj hooker episodes, where he does a wristy-twisty, and the guy ends up instantly in custody.

use of force is simply something that looks ugly, and often ends up in major grabassed mayhem. tasers are a very effective tool. i cannot stress enough how valuable they are as a deterrent to injury and death.
12.12.2008 4:46am
MCM (mail):
I would love to read it. Is there a link where it is available?

Without it, I can only watch the video of the incident:
http://www.youtube.com/watch?v=6bVa6jn4rpE

They've had him restrained for some time before they go and try to cuff him and he starts squirming and being an obnoxious ass again. So they tase him. If there is something in the report that I'm not seeing there I would love to read it.
12.12.2008 4:46am
MCM (mail):
"what is this stuff about police salaries not being that great? I mean there are a lot of jobs that pay MORE ( i was considering a rock star career when i was in college. that often pays more), but at least where i work, with just a bit of overtime, 6 figures is very doable. that's not bad. plus, really good benefits."

I'm sure you know salaries vary widely. Starting salary for cops in most places is like $30-35k a year, isn't it? Some places like Austin and Seattle pay more like $50k, I've heard. I don't think many cops make 6 figures starting out.
12.12.2008 4:49am
Joel Rosenberg (mail) (www):
I think it'd be a serious mistake to extrapolate police misuse of tasers to apply to the general public. But it wouldn't be a surprising serious mistake.
12.12.2008 7:34am
Floridan:
whit: ". . . i get pretty pissed off when there is a full investigative report, but people form opinions WITHOUT READING it."

Well, why don't you calm down and tell us where to find it?
12.12.2008 7:48am
Joel Rosenberg (mail) (www):
whit: fair enough; folks should do their homework, and part of that is reading the reports. That said, when the author(s) of a report have some interest in coming to a particular conclusion, my own take is that a report is, all and all, more likely to be reliable when it comes to a different conclusion.
12.12.2008 7:49am
Joel Rosenberg (mail) (www):
fortyninerdweet
Well, yeah; and when you remember that the IACP is largely a creature of the Joyce Foundation, it's a safe bet what the purpose of any of its pronouncements are going to be.
12.12.2008 8:01am
Dr. T (mail) (www):
The sound reason I can think of (which may not be the reason used by the states) is that most people incorrectly consider Tasers to be nonlethal weapons. But, Tasers can kill healthy children, small adults, and elderly persons. They can kill people with cardiac disease. Also, death or injury can occur if the Tasered person falls badly after being shocked.

I don't agree that the above 'sound reason' should result in banning Tasers, since their primary use would be for self-defense, but I wanted to present one possible medically-related argument against them. Personally, I would allow Tasers for self-defense and forbid their use by police. Police have other non-lethal methods of subduing persons, and Tasers are too often abused by cops who prefer zapping people to handling them.
12.12.2008 8:08am
epeeist:
Dr. T's post made me think (maybe this was what the post was getting at), is the reason tasers are banned similar to the lawn darts issue? In the sense that, everyone (presumably except small children/drunks/etc.) knows guns are very dangerous. But an argument might be made that something that is dangerous but is wrongly believed to be "safe" might actually be MORE dangerous than guns for that reason. No normal parent would shoot a gun at his or her child, but apparently even the police officer brother-in-law of Alaska's governor would taser his child...and there were a number of lawn dart injuries/deaths that parents did not think of as a danger. I've also heard (not sure if this is true or urban myth) that electric carving knives were originally quieter and had less vibration, but people thought they weren't on and so injured themselves, that they then had to be designed to be noisier and vibrate as a safety feature (I've also read that some groups are protesting that e.g. electric or hybrid cars should be designed to be noisy even if they would normally be quiet, so the visually impaired will have some warning of traffic).

I'm not arguing that's necessarily a good reason to ban something, but at least it kind of makes sense in principle.
12.12.2008 8:22am
PubliusFL:
epeeist: (I've also read that some groups are protesting that e.g. electric or hybrid cars should be designed to be noisy even if they would normally be quiet, so the visually impaired will have some warning of traffic).

I'm imagining the cars from Kornbluth's "The Marching Morons." Maybe they could have rigged speedometers too, so people could pretend their electric cars are capable of going fast.
12.12.2008 8:32am
ParatrooperJJ (mail):
It is "the only ones syndrome." Only cops are professional enough to handle them.
12.12.2008 8:39am
SeaDrive:
IIRC, when pepper spray first came out amid a flurry of "you can protect yourself without a gun" publicity, the immediate reaction of police departments was to get the sprays banned because of fears they would be used in the commission of crimes and against police officers. I suspect that moves to ban/limit tasers have the same motivation, whatever the merits.

My observation is that Chiefs of Police like nothing better than an unarmed citizenry. They will be happy to testify to the dangers of letting the public have access to anything more dangerous than a plastic butter knife, along with the standard "our lives are on the line every day, it's a jungle out there" hymn of self-praise. It's true that there are dangers, but analysis does not support the notion that disarming the law-abiding public will help.
12.12.2008 9:27am
Some Random Economist:
For what it's worth, the use of pepper spray in DC is also illegal. Most cops here will even tell you (incorrectly) that it's illegal to even posses pepper spray.

Of course, this is a city in which a former mayor (and current city council member) held a press conference after being mugged to complain that he thought he and the criminal element of the city "had an understanding". No politician wants such an important constituency of theirs to be maced, tased or otherwise inconvenienced as they go about their business.
12.12.2008 9:49am
Passing By:
I read the other day that when used properly by trained police officers, Tasers have a 5% failure rate due to (what the manufacturer contends are) maintenance issues - broken electrodes, damage from the Taser being dropped, etc.

There are also stories like this one:
An Alachua police officer used all three of his Taser cartridges and pulled out his handgun before a man who was pulled over for not having a tag light was finally arrested early Thursday morning.

The man allegedly pulled out two sets of Taser points that hit him and rolled over to break the wires on the third set of points.
I have a hard time thinking of a Taser as a good defensive weapon. They seem best for developing threats, intimidating or responding to something happening at a distance - when the situation may remain ambiguous to someone not inclined to "shoot first and ask questions later".

It also seems questionable whether they're useful for a threat that develops at close range, or if you would want to rely upon one as your first and only line of defense.
12.12.2008 9:58am
Happyshooter:
Michigan tried to reform its laws to allow the holders of concealed pistol licenses to own and carry a taser. The usual suspects cried about how it is a racist device...causes deaths to blacks...whites would...

The actual reasons it didn't pass are that 1) there has been a huge budget mess the entire two year session; 2) the 'pro-self defense' side spent all its time getting rid of mandatory police inspections of pistols, and 3) there has been a huge big fight where the liberal side is trying to get rid of any smoking of regular tobacco anywhere (MJ all okay), and the conservative side is trying to let a few small places like cigar bars still allow smoking.
12.12.2008 10:04am
Joel Rosenberg (mail) (www):
SeaDrive: Depends. If you're talking about the organization, the sort of ur-example is Scott Knight, Chaska MNChief of Police; see http://is.gd/bkPO. Not only is Scotty a bullet-headed anglosaxon mother's son, but he wears a self-designed uniform, with four stars on each shoulder, four stars on each collar point, and four stripes on each sleeve. (His department has just over a dozen officers.) There's a kind of self-dramatization among the Only One set that he exemplifies.

But, all that said, so what? (Other than giving me an excuse to make fun of Generaladmiral Scotty; the world is full of such excuses, anyway.) The policy issue about civilian possession/use of tasers shouldn't be whether or not they're appropriate or overused or essential for affecting an arrest in police work, but for self-defense.
12.12.2008 10:06am
Matt_T:
For what it's worth, the use of pepper spray in DC is also illegal. Most cops here will even tell you (incorrectly) that it's illegal to even posses pepper spray.

Which is odd, because the sale of pepper spray is apparently legal - there's a place on G street or F street a bit east of the Metro Center entrance that advertises pepper spray sales with a neon sign.
12.12.2008 10:14am
ForWhatItsWorth:
"....the instant the taser stops pulsing (a matter of seconds unless you keep depressing the trigger), all muscle function is essentially restored....."

Uh, no. You have obviously never been tased. The effect lasts for quite awhile if you take a good "hit." The nerves don't immediately recover from being scrambled.

Tasers are not a replacement for a firearm, Remember, cops don't shoot tasers at bad guys who are pointing guns at them or elsewhere. If the bad guy has lethal force weapons in their possession, the cops return the favor..... and for darned good reason.

The taser just gives the option of something that is "less likely" to be fatal than being shot. It certainly isn't a guarantee of non-fatality.

Oh, and to whoever said that pulling a weapon shouldn't be done unless you intend to KILL, may I make a suggestion. The purpose is to STOP the action, not kill. If killing has to take place to effect that purpose, then that is the way it is. BUT...... and it is a BIG ONE...... you are NOT shooting to kill, you are shooting to STOP! Remember those words.... they are very very important and it is the correct attitude to have when it comes to self-defense.
12.12.2008 10:42am
Clayton E. Cramer (mail) (www):
I'm working entirely off my memories on this, and I wasn't a gun rights activist at the time, so I was only somewhat paying attention, so it might be worth spending some time reading through old newspapers.

My recollection is that shortly after the Taser was invented, there were two incidents in Southern California where robbers used Tasers for business robberies to incapacitate the business owners. (One was a gas station, I think.) In response, California's legislature prohibited the Taser from being sold, and decided that for purposes of sentence enhancement, a Taser was a gun when used in a crime. (I think the Air Taser might be lawful now.)

Perhaps this was one of the first signs that idiots were in charge of the asylum. Without question, Tasers can be, and were criminally misused. But by banning their sale, they took away a very effective self-defense weapon from people who could not get a permit to carry a handgun (almost impossible in any part of California where you need to carry a gun, unless you have contributed heavily to the sheriff's re-election campaign), or who might be reluctant to have a deadly weapon in their home.

The classification of Tasers as equivalent to guns for purposes of sentence enhancement took away all incentive for criminals to use Tasers--which are clearly less likely to kill than a gun. Along with death, remember that non-lethal shootings often produce substantial trauma, including sometimes permanent disability. Even if Tasers had the same lethality rate as handguns (they don't, not even close), I doubt that you can find a single example of a person who is confined to a wheelchair for life because of being Tased. The same can't be said for gunshots.
12.12.2008 10:49am
glangston (mail):
Bama 1L:
When the defender isn't willing to use a deadly weapon, even against an attacker.

1. As noted above, tasers turn out to be deadly quite at random. Thinking you are going to tase someone and there is no way they will die is kind of like thinking a .22 pistol is definitely nonlethal if you aim it for the legs.

2. If you would not kill your assailant, I have to wonder why you are using force at all.



Say someone is trying to strong-arm you for your purse or car keys. Anyway, the same kind of things pepper spray is used for.
12.12.2008 10:50am
Thomas_Holsinger:
12.12.2008 10:51am
Clayton E. Cramer (mail) (www):

I'm sure you know salaries vary widely. Starting salary for cops in most places is like $30-35k a year, isn't it? Some places like Austin and Seattle pay more like $50k, I've heard. I don't think many cops make 6 figures starting out.
Unless you graduate from one of the top tier law schools, or get an MBA from one of the top tier schools, there aren't too many jobs where you start out making 6 figures.

His point was that police officers aren't paid all that badly. They are at some significant risk (although more from suicide than murder), and it is a job that many people simply could not enjoy doing. But they are paid adequately for doing an necessary and somewhat unpleasant job.
12.12.2008 10:55am
blcjr (mail):
It seems to me that the answer is right in Eugene's first sentence, and that it is the answer proffered by raven397. Look at the list of jurisdictions involved. They are predominantly nanny states (including the "progressive" Wisconsin). Now I do not doubt that some of the other reasons (people accidentally die) offered are the putative reasons advanced by the proponents of such bans. But the real reason is that ideologically those making these rules believe that the Volk are not competent to make a sound choice as to when or when not to use such potentially lethal devices. These jurisdictions are leading archetypes of liberal fascism. The kind of calculus that Eugene imagines requires acknowledging the value of individual freedom and liberty, something typically devalued and distrusted in these regimes. It would never occur to them to make the kind of calculation Eugene imagines.
12.12.2008 11:07am
Bama 1L:
glangston,

That's exactly what I'm trying to understand. You propose that some people, if victims of a strong-arm robbery, would use pepper spray or taser.

Is that because the victim has the assailant outgunned, so a better-armed assailant would command a different response?

Because robbery isn't worth using deadly force the assailant, but some other crime might warrant that?

Because for whatever reason the victim doesn't have a pistol, which the victim would use if it were available?
12.12.2008 11:07am
Clayton E. Cramer (mail) (www):
One deficiency of Tasers and other less lethal weapons (as I believe the California statues call them) from a deterrence standpoint is that they are not very likely to kill. When you draw a handgun on a criminal attacker, the chances are strong that unless you just happen to make a dead center shot to the head or heart, that the attacker will not be immediately disabled. He may do some serious damage to you, perhaps lethal damage, before he loses consciousness.

BUT: he also knows that if you successfully perforate him, one of three things is very likely going to happen:

1. He will be lying on the ground when the police respond to reports of a gunshot.

2. He will go to a doctor or a hospital for treatment—and they will notify the police.

3. He will either bleed to death, or suffer excruciating pain for the next several hours—and perhaps die of an infection.

Any of these possibilities encourages a criminal to reconsider whether this crime is worth continuing to pursue. A Taser, pepper spray, or similar weapons simply don't create these possiblities.

1. There won't be reports of a gunshot if someone uses a Taser or pepper spray. A gun is both a weapon and warning klaxon.

2. He may be miserable after being pepper sprayed, but the next day, he will be fine.

3. The chances of death are effectively zero for pepper spray, and close to it for the Taser.

For those who are uncomfortable using (or threatening) deadly force against a criminal, they should have the option of using the Taser. But it is not in the interests of the society as a whole for most law-abiding people to be carrying less lethal weapons. Criminals need to be afraid of prison or death—not just discomfort or inconvenience.
12.12.2008 11:31am
Andy Freeman (mail):
> That is to say that whereas, before, it was talk 90% of the time and gun 10% of the time (say), now it is becoming more like talk 60%, taser 30%, gun 10%.

Out here in the wilds of California, police also have batons, fists, feet, cars, and probably some other things, not to mention the ability to call for other folks with those things and more.

If you're going to argue that tasers are going to replace the use of talk in a significant way, you get to support that claim.
12.12.2008 11:35am
Clayton E. Cramer (mail) (www):

Out here in the wilds of California, police also have batons, fists, feet, cars, and probably some other things, not to mention the ability to call for other folks with those things and more.
I remember news coverage of an incident in eastern Los Angeles County sometime in the 1980s that managed to demonstrate the whole escalation sequence. The naked man on PCP was reluctant to come along peacefully, and became combative. Sheriff's deputies first used tear gas. No effect. Then they escalated to a net. He broke free. Then they used a Taser. He ripped out the electrodes. By the this point, he was on the second floor of a building, and throwing office typewriters (if you don't know what those are, google under "antique writing devices") at the cops below, so they shot him.
12.12.2008 11:45am
pete (mail) (www):

Because for whatever reason the victim doesn't have a pistol, which the victim would use if it were available?


Becuase some people really do not like guns/do not want to kill people (even assailants), but still want some means to defend themselves. I do not think it is a wise choice, but I can see several people I know making it.
12.12.2008 11:54am
Clayton E. Cramer (mail) (www):

You're not going to penetrate dry-wall and injure someone you didn't intend to harm with a Taser. If you pull the trigger reactively because you confused your husband, son, or wife as an intruder, you're far more likely to be apologizing profusely to a live person than if you'd done so with a firearm.
Another argument for a Taser: if you have a family member who is psychotic and has a history of violence against family members. Of course, at the time that this was an issue for me, Tasers weren't legal for sale in the state where I lived.
12.12.2008 11:55am
Clayton E. Cramer (mail) (www):

clearly a big deal. In all my life I have never ever seen or heard of someone having or wishing to have a taser.
You don't anyone who has ever been the victim of a serious crime, or who has reason to be concerned about this? How fortunate you and your friends are. Let's revisit this discussion when you turn 25.


Why don't we allow every single weapon possible to be available...that way inexperienced and idiotic people (who outnumber everyone else in my opinion) can do stupid things with them.
I shudder to think what you would do with the voting franchise, also exercised by those "inexperienced and idiotic people (who outnumber everyone else".
12.12.2008 11:58am
Aultimer:

MCM: But something in your mentality [taser threat == voluntary compliance] is troubling.

whit: uses of force are not pretty. deal with it. [...]the reality on the streets is a little different than the pristine world of blogs. some people don't want to go to jail/comply, and the taser saves them from (for example) a baton strike (far far far more dangerous), empty hand strike (ditto) etc.


Whit - the mentality to which MCM refers is that you're assuming everyone who refuses to comply is guilty, or in some way in the wrong.

That may be the appropriate tactical assumption for your job, and in some ways it's the law. It's still unsettling to folks who dislike government intervention (libertarians) and/or believe that many innocent people have encounters with police. Some of us would like to be presumed innocent even at the street level, especially when we really are innocent.
12.12.2008 12:00pm
wfjag:

Is there some sound reason that I'm missing for prohibiting these outright, as opposed to requiring training, licensing, or some such?

Everyone has missed the obvious reason -- economics.

If tazers are illegal then only criminal have tazers.

Accordingly, if someone pulls a tazer on you, you can presume he (or she) is a crook, draw your Glock and shoot 'em in the head. The police investigation is then limited to verifying that you have whatever permit or hunting license is required by local law.

If you taz someone, then you call the police on your cell-phone and they have to immediately leave Starbucks or whereever they are having coffee (since, unlike someone shot in the head, someone taz'ed probably will get up within a few minutes), and then investigate competing allegations. (e.g., Person with tazer: "He said to give him my purse and then strip naked." Person tazed: "I was only asking her for a date, but left my money for a movie and popcorn at home and was asking for a loan so we could go see a movie and get popcorn."). All this takes time, and requires filling out reports, which burdens efficiency.

It's even worse if the tazed person gets up and gets away before the police arrive. Then the police also have to track the alleged perp down.

And, suppose that the DA decides to try someone. The police have to show up and testify and evidence has to be kept track of and brought to court. There's also the additional taxpayer burden if the perp is represented by a P.D. (especially a P.D. who believes that perps are entitled to competent representation and investigation of the alleged crime -- an attitude I've noted in every P.D. I've ever met.) Then, if there's a conviction, the perp goes to jail and is a burden on the taxpayer since there's food, a place to stay, utilities, etc.

Obviously, it's much cheaper to make tazers illegal, and relying on law-abiding citizens to efficiently deal with any crook dumb enough to bring a tazer to a gun fight.
12.12.2008 12:10pm
Clayton E. Cramer (mail) (www):

Whit - the mentality to which MCM refers is that you're assuming everyone who refuses to comply is guilty, or in some way in the wrong.
One would hope that by the time Whit has pulled out a Taser, it is because the Tasee's unwillingness to comply has created some serious presumption in Whit's mind that there is a crime that has taken place, or is about to take place.

In the abstract, I agree with you: police should presume that everyone is innocent. But I will say that in my experience even with LAPD under circumstances where they had been misled about what a friend of mine and were doing, they behaved with great professionalism, asking questions, not making assumptions. I was briefly worried that I might be arrested for something that I didn't do, but I did not worry that I was going to be beaten, pepper sprayed, Tased, etc.

The supervisor of the Official Police Garage in West Los Angeles had called the police, claiming that a friend of mine and I had crawled over the wall into the Twilight Zone parking lot of cars towed after accidents, some beeping, some flashing lights, as short circuits slowly drained the life force from their batteries. After some discussion--and a further chance for the police to see that the supervisor was not playing within a full deck--they let us go.
12.12.2008 12:13pm
Bama 1L:
Becuase some people really do not like guns/do not want to kill people (even assailants), but still want some means to defend themselves. I do not think it is a wise choice, but I can see several people I know making it.

Is the unwisdom in not liking guns or wanting to kill people?

Or is the unwisdom in thinking nonlethal weapons have utility for self-defense?
12.12.2008 12:16pm
SeaDrive:

The naked man on PCP was reluctant to come along peacefully, and became combative. Sheriff's deputies first used tear gas. No effect. Then they escalated to a net. He broke free. Then they used a Taser. He ripped out the electrodes. By the this point, he was on the second floor of a building, and throwing office typewriters (if you don't know what those are, google under "antique writing devices") at the cops below, so they shot him.


I'm not sure we should be drawing any conclusion from such really, really bad police work. Lots of bad police decisions are caused by trying to end an incident too quickly.
12.12.2008 12:29pm
Clayton E. Cramer (mail) (www):

I'm not sure we should be drawing any conclusion from such really, really bad police work. Lots of bad police decisions are caused by trying to end an incident too quickly.
Throwing an office typewriter from above at someone is assault with a deadly weapon. A 40 pound piece of metal falling ten feet, if it lands on you, can break bones or kill. That conforms to the California standard of great bodily injury that justifies use of deadly force.
12.12.2008 12:37pm
pete (mail) (www):

Or is the unwisdom in thinking nonlethal weapons have utility for self-defense?


Unwisdom is that the average person who needs to actually use peper spray or a taser in self defense would be better off with a gun in most situations. I live in Texas and it is not hard, but slightly expensive, for a non-criminal to get a handgun and a concealed carry license here. It is better to have a taser or pepper spray than nothing, but it is usually better to have a handgun than either of the other choices.

I can completely understand not wanting to kill your attacker, but think it unwise to risk your life or health because you do not want to risk killing the person attacking you.
12.12.2008 12:37pm
kurious:

alkali (mail):
I live in Massachusetts and I think our gun licensing scheme is generally a sensible one.


I also live in MA and wonder what you think is sensible about our "gun licensing scheme"?
* That getting a license is completely at the discretion of the local police chief?
* The AG's office's ability to arbitrary ban guns, including many target shooting guns or high-quality guns, for supposed "safety reasons?
* The 85%(?) decrease in licensed gun owners since '98? The continued increase in poll tax fees to enable one to exercise a constitutional?
* The continued ban on guns that have scary things on them like folding stocks, pistol grips, or bayonet mounts?
* The effective registration of guns and gun owners?
12.12.2008 1:52pm
kurious:
Er, "constiutional right".

Presumably one has a right to take one's morning constitutional without interference. (At least so far--they seem to want to regulate most aspects of our lives.)
12.12.2008 1:57pm
Fub:
whit wrote at 12.12.2008 2:22am:
there is also NO way , with unions, and modern PC policing, that we will ever have the ability to screen out weaklings, and physically incompetents to the extent that used to happen.
Or, apparently, screen out morons (or psychopaths) who rise to the rank of Captain.

This one justified tasering a kid 19 times, who was lying on the ground at the base of a highway overpass with a broken back and a broken foot, not moving, and muttering incoherently. He apparently couldn't articulate that his injuries prevented him from following their orders to stand up, ie: he was already "subdued". He recovered in an intensive care unit. The money quote:
“He refused to comply with the officers and so the officers had to deploy their Tasers in order to subdue him. He is making incoherent statements; he's also making statements such as, ‘Shoot cops, kill cops,’ things like that. So there was cause for concern to the officers,” said Ozark Police Capt. Thomas Rousset.
I'd feel a lot more comfortable and trusting of police, with tasers or guns, if cops like this one had to find jobs in the civilian sector, and if those whose actions he was defending saw some striped sunshine.

I don't doubt that you (and your particular cohorts) have the skills, competence, and general good sense you manifest here. But cops like Ozark Police Capt. Thomas Rousset and his taser-happy officers scare the bejeebers out of me, and I expect plenty of other law abiding citizens. I guess the bright side is that they didn't just shoot the kid dead as he lay on the ground.
12.12.2008 1:58pm
Joel Rosenberg (mail) (www):
There's two issues being conflated here. One is how useful a taser is, in self-defense (as opposed to effectuating an arrest, which isn't the same thing); the other is how sensible it is for the lege to take the decision out of the hands of individuals because it's so clearly not useful enough and civilian possession is so risky that it justifies a ban.

Different issues, I think. I'm very, very skeptical about it being useful for self-defense -- particularly given other alternatives -- but I'm not in favor of outlawing it. Let grownups decide for themselves, I think.

I agree, by the way, with Clayton Cramer's analysis of the problem, and am not sure that, while pointing a taser, shouting, "and while you're on the ground, twitching like a frog, I'll stomp your nuts into a fine paste!" would or wouldn't up the ante from discomfort and inconvenience, but it is a thought.
12.12.2008 2:02pm
Kirk:
Kurious,
The continued ban on guns that have scary things on them like folding stocks, pistol grips, or bayonet mounts?
You forgot to include "that shoulder thing that goes up".
12.12.2008 2:22pm
Clayton E. Cramer (mail) (www):

I agree, by the way, with Clayton Cramer's analysis of the problem, and am not sure that, while pointing a taser, shouting, "and while you're on the ground, twitching like a frog, I'll stomp your nuts into a fine paste!" would or wouldn't up the ante from discomfort and inconvenience, but it is a thought.
The formal term is "mayhem." And if anyone heard you say that, and you in any way attacked the bad guy while he twitched on the ground, you would be in big trouble. If you shoot the criminal, and he dies, and your use of deadly force is otherwise valid, no problem.
12.12.2008 2:32pm
Aultimer:

Clayton E. Cramer :

In the abstract, I agree with you: police should presume that everyone is innocent. But I will say that in my experience even with LAPD under circumstances where they had been misled about what a friend of mine and were doing, they behaved with great professionalism, asking questions, not making assumptions. I was briefly worried that I might be arrested for something that I didn't do, but I did not worry that I was going to be beaten, pepper sprayed, Tased, etc.



Of course, I have a counter-anecdote involving the DC police, a broken bone in my face, a few hours in lockup and an admonition that I shouldn't walk around Georgetown looking so much like the standard-issue frat boy they were really looking for.

No, I didn't fail to cooperate, nor did I have a chance since I was tackled from behind as I made my way down Wisconsin Ave. To be fair, all my encounters with the police have been charming, but my bar card might help.
12.12.2008 2:47pm
PeterWimsey (mail):
I'm sure you know salaries vary widely. Starting salary for cops in most places is like $30-35k a year, isn't it? Some places like Austin and Seattle pay more like $50k, I've heard. I don't think many cops make 6 figures starting out.


Starting salaries for cops in my city do start at 30-35 - but after 3 years they jumps to the mid-50's. The first 3 years are considered probationary. Salaries move up more gradually from the mid-50's...but in my part of the country that's quite a decent salary for for someone still in their 20's. Particularly when you consider that 20 years of service earns them a pension of 50% of their salary.
12.12.2008 3:04pm
SeaLawyer:

SeaDrive: Depends. If you're talking about the organization, the sort of ur-example is Scott Knight, Chaska MNChief of Police; see http://is.gd/bkPO. Not only is Scotty a bullet-headed anglosaxon mother's son, but he wears a self-designed uniform, with four stars on each shoulder, four stars on each collar point, and four stripes on each sleeve. (His department has just over a dozen officers.) There's a kind of self-dramatization among the Only One set that he exemplifies.


Joel,
I was thinking of him as well. He is one reason I would never move to Chaska. This guy is even against retired cops carrying.
12.12.2008 3:48pm
whit:

Or, apparently, screen out morons (or psychopaths) who rise to the rank of Captain


i'll be cynical and suggest peter principle combined with affirmative action.


don't doubt that you (and your particular cohorts) have the skills, competence, and general good sense you manifest here. But cops like Ozark Police Capt. Thomas Rousset and his taser-happy officers scare the bejeebers out of me, and I expect plenty of other law abiding citizens


the issue of whether there are some incompetent/sucky police and whether tasers are good are completely different ideas. nobody denies the former. iow, it's the classic "just because some people abuse X" we don't ban X for everybody. that's the point. see: libertarianism.



alkali (mail):
I live in Massachusetts and I think our gun licensing scheme is generally a sensible one.


whether or not you can get a license to carry is up to the whim of your local police chief. that is wrong on so many levels, i can't even begin. i used to be a cop in mass, and lived in a town where the police chief was a jerk. he was a former new yorker and hardcore liberal. he would not issue me a permit for personal protection, only "target" which only applied to and from the range.

seriously.

i moved to a town about 10 miles away and the police chief had no problem issuing me a permit.

how is that up arbitrariness "sensible".

you want a local police chief to have all the power to make decisions about whether you can have a permit or not. completely a subjective standard of one person. that's the level of protection our constitutional rights should have?


The naked man on PCP was reluctant to come along peacefully, and became combative. Sheriff's deputies first used tear gas. No effect. Then they escalated to a net. He broke free. Then they used a Taser. He ripped out the electrodes. By the this point, he was on the second floor of a building, and throwing office typewriters (if you don't know what those are, google under "antique writing devices") at the cops below, so they shot him.





there was an article in fbi law enforcement journal not too long ago that showed that among all the EDP calls cops go to, "naked man" calls are statistically the most dangerous. an officer with my agency was shot and killed (executed by multiple shots in the head as he lay on the ground) when a naked man, high on crack, attacked him, disarmed him, and killed him. these are REAL concerns.

i don't know all the facts of the case you mention, but just throwing that out there.


Whit - the mentality to which MCM refers is that you're assuming everyone who refuses to comply is guilty, or in some way in the wrong.


ridiculous. what i am saying is that if you give a lawful order, the person has a legal duty TO comply. i can count on one hand the # of people in 20 yrs i have arrested for refusing to comply with such an order, but that is the authority we have. it's for our safety, and for the ffectiveness of the investigation.

it has nothing to do with guilt or innocence of the underlying offense. it has to do with the fact that people do not have the legal right to refuse to comply with a lawful order, to obstruct police, etc. period.


That may be the appropriate tactical assumption for your job, and in some ways it's the law. It's still unsettling to folks who dislike government intervention (libertarians) and/or believe that many innocent people have encounters with police. Some of us would like to be presumed innocent even at the street level, especially when we really are innocent.


it is not unsettling to me (as a libertarian) that when the cops are investigating , they have the right to issue basic orders such as "sir, step out of the kitchen and sit down here on the couch while we talk to you" (typical DV situation. kitchens have lots of knives, etc. and we generally tell people to exit the kitchen if they are in there). there is no presumption of guilt. and 99.9% of the time, people comply with these simple orders. the point is that when they DON'T we have the authority to get compliance. i am good enough at verbal skills that i almost always get results from persuasion. but no matter how good you are sometimes you have to use force. period.

if you don't like that, fine. that's the real world.

My observation is that Chiefs of Police like nothing better than an unarmed citizenry.

chiefs are also political appointees who rarely take any position that would upset their *usually liberal* mayoral overlords.

that's the reality.

the opinion of a Chief has little to nothing in common to the opinion of a real cop. most chiefs (IACP) are anti-gun for instance. that doesn't mean cops are.

do NOT conflate (i've seen more than a few people do this) the opinions of police administrators and their attempts to disarm citizenry, with the opinions of actual police.


\
12.12.2008 3:48pm
whit:

Starting salaries for cops in my city do start at 30-35 - but after 3 years they jumps to the mid-50's. The first 3 years are considered probationary. Salaries move up more gradually from the mid-50's...but in my part of the country that's quite a decent salary for for someone still in their 20's. Particularly when you consider that 20 years of service earns them a pension of 50% of their salary.



my base pay based on our current contract will be 85k by 2012. when you add in longevity pay (over 10 yrs on with this agency), college differential pay, etc. my base will be easily over 90k. without even any overtime. i also have very good medical, vacation, etc.

if i were to take certain specialized unit positions, i would get an extra 10% on my base, etc.

that's not bad. again, not as good as a rock star, but not bad.
12.12.2008 3:52pm
SeaDrive:

the opinion of a Chief has little to nothing in common to the opinion of a real cop. most chiefs (IACP) are anti-gun for instance. that doesn't mean cops are.


It's the chiefs that testify before the legislature.
12.12.2008 4:42pm
Joel Rosenberg (mail) (www):
Sealawyer

I've met him; he was working the room over at the lege when some of us were working on getting a bill through. Knight was in full regalia, and had been driven to the capital by his driver -- can't expect the chief of a dozen-officer department to know what the skinny pedal on the right is for.

He didn't quite know what to make of, "Always wanted to meet you, General Knight," so after a couple of blinks, he moved on to the next guy. (Although I probably should have called him 'Admiral.' Next time.)

A county sheriff (who probably wouldn't appreciate me dropping his name) who was standing next to me started making mild gurgling sounds, but kept himself from laughing.

Clayton

Yeah, I know. I'm no fan of tasers, but I'm not above fibbing; in that situation, it's not like you're under oath.

Kind of like telling the burglar in your house to, roughly, Exit promptly, fellow-who-is-overly-friendly with his maternal parent, lest I shoot you. No, you don't get to shoot him if he surrenders, but since you probably want him to leave rather than holding him at gunpoint, a fib might work. You pays your money and you takes your choice.
12.12.2008 4:55pm
whit:

It's the chiefs that testify before the legislature.



and it's the bloggers who confuse the chiefs and their opinions with the real cops.
12.12.2008 5:09pm
ravenshrike:
The legal sophistry of shoot to stop is just that, legal sophistry. While it sounds good, and is more likely to keep the local prosecutor off your back, except under specialized circumstances, if you are shooting to stop you are shooting to kill. This does not mean you are planning on murdering him if he runs. It means that with a gun, the fastest, most effective way to stop someone by shooting is to kill them. In point of fact, shooting not to kill could be considered criminally negligent and civilly liable.
12.12.2008 5:10pm
Fub:
whit wrote at 12.12.2008 3:48pm:
the issue of whether there are some incompetent/sucky police and whether tasers are good are completely different ideas. nobody denies the former. iow, it's the classic "just because some people abuse X" we don't ban X for everybody. that's the point. see: libertarianism.
Agreed on that point. I was addressing the minor issue of screening -- pointing out that it has an error rate, and errors have life-altering consequences for ordinary people. I don't know what causes the errors, AA and PP, or something else.
12.12.2008 5:20pm
Clayton E. Cramer (mail) (www):

whether or not you can get a license to carry is up to the whim of your local police chief. that is wrong on so many levels, i can't even begin. i used to be a cop in mass, and lived in a town where the police chief was a jerk. he was a former new yorker and hardcore liberal. he would not issue me a permit for personal protection, only "target" which only applied to and from the range.

seriously.

i moved to a town about 10 miles away and the police chief had no problem issuing me a permit.

how is that up arbitrariness "sensible".
About 20 years ago, a gal on one of the firearms activists lists mentioned that she lived in Massachusetts, and the police chief was neither denying nor approving her request for a carry permit. Eventually, word was passed through intermediaries that the chief thought she was cute, and the carry permit could be issued if she would have sex with him.

Do I know for sure that she was telling us the truth? That the intermediaries weren't telling her something nasty to encourage her to withdraw her permit? No, I don't. But with the history of corruption associated with discretionary issuance in California, I don't find it hard to believe.

There is no other license in America where so much discretion is allowed to a public official, and where there is such an obvious conflict between the public official's economic interests, and the right that the license grants. Imagine if driver's licenses were issued by the director of the local public transportation agency--and ask yourself if you would find it acceptable that the director could decide whether you had a good enough reason to drive a car, rather than ride one of his buses.

There is no other license in America that combines such a virulently racist history with such obvious racial discrimination in issuance today.

So why do liberals remain solidly on the side of trusting the police chief?
12.12.2008 5:20pm
whit:
the point is that you can stop and not kill, but you can't kill w/o stopping.

it is a difference of intent, in most cases, not what you are doing. and legal sophistry or not, the law is often about intent as much as it is about actions.

if a guy is wearing a vest, i may shoot to the pelvic girdle, purposefully. this shot, fwiw, is less likely to kill than a shot to the head (by a wide margin), but arguably more successful as an attempt to stop (bigger target).

i agree though, that for most intents and purposes (but not all) stopping and killing shots result in essentially the same target choice.

also, handguns are not rifles. there are situations where an officer with a rifle IS shooting to stop and specifically not to kill. there have even been cases where snipers with a rifle have aimed and successfully hit a guy's hand to disarm him of a gun. that is most definitely NOT a "shoot to kill" but definitely a shoot to stop. those are rare, and it's not going to happen with a handgun, which is a compromise weapon - carried for convenience cause rifles are like big and stuff
12.12.2008 5:20pm
Clayton E. Cramer (mail) (www):

also, handguns are not rifles. there are situations where an officer with a rifle IS shooting to stop and specifically not to kill. there have even been cases where snipers with a rifle have aimed and successfully hit a guy's hand to disarm him of a gun. that is most definitely NOT a "shoot to kill" but definitely a shoot to stop. those are rare, and it's not going to happen with a handgun, which is a compromise weapon - carried for convenience cause rifles are like big and stuff
Some years back, there was footage of what happened a guy was threatening suicide with a handgun. One of the police snipers literally broke the handgun into pieces with one shot from his rifle. You could hear in the background someone congratulating the marksman for doing this amazing shot! But yes, this is an extraordinarily rare situation.

If not for the question of deterrence that I raised above, I would prefer that for defensive purposes everyone carried a non-lethal weapon that was as effective as a handgun at immediately stopping an assailant. I would prefer not to ever have to take another person's life. But I have let to see any evidence that such highly effective non-lethal or less lethal weapons yet exist.

Even if they did, in those jurisdictions where I most feel the need to carry a gun (like Philadelphia, where I have carried concealed on a number of occasions), the chances that a criminal, once convicted, would actually serve significant prison time, are pretty small. (I would argue that there is probably a connection between "need to carry a gun" and "not likely to serve prison time" if arrested and convicted.) If I could carry a gamma ray laser in my pocket (you know, without the thermonuclear trigger making my pants bulge), and knowledge of what it would do was widespread, I would be even happier, because it would be even more powerful of a deterrent than a handgun.
12.12.2008 5:53pm
whit:

If not for the question of deterrence that I raised above, I would prefer that for defensive purposes everyone carried a non-lethal weapon that was as effective as a handgun at immediately stopping an assailant. I would prefer not to ever have to take another person's life. But I have let to see any evidence that such highly effective non-lethal or less lethal weapons yet exist.



that is kind of surprising. it's the 21st century. we have all this gee whiz technology that we use everyday. yet we still use firearms (a very old technology).
12.12.2008 6:22pm
Clayton E. Cramer (mail) (www):

that is kind of surprising. it's the 21st century. we have all this gee whiz technology that we use everyday. yet we still use firearms (a very old technology).
It's only an "old technology" compared to your phone. It's a new technology compared to the nightstick or PR_24 you carry--and it is still quite a useful technology, isn't it?

Old technology often work surprisingly well. Believe me, if a newer technology comes along, it will be adopted. Semiautos have largely replaced revolvers for police officers, and for most civilians, they did so a decade or more earlier.
12.12.2008 6:41pm
Xenocles:
"that is kind of surprising. it's the 21st century. we have all this gee whiz technology that we use everyday. yet we still use firearms (a very old technology)."

Can you believe we still wear clothes and eat food? What a bunch of backward third-worlders we are!
12.12.2008 7:31pm
whit:
way to stunningly miss the point. the point is not that a new technology has come along and LE is ignoring it. the point is that there is not yet a new technology to replace firearms despite the massive increases in technology we have made.
12.12.2008 7:52pm
gattsuru (mail) (www):
the point is that there is not yet a new technology to replace firearms despite the massive increases in technology we have made.


That is not entirely true. I can build a coilgun quite capable of functioning as a firearm would, or use one of a dozen different reactions instead of gunpowder. The gyrojet design is quite functional, even superior (effective 0 recoil, higher accuracy, lighter weight, higher reliability), to normal firearms although the company attempting to pioneer the matter ran afoul of a (surprisingly unconnected) public panic.

The simple reality is, though, that no matter which of these options you use, the benefits are not major simply because the patent came in at a different date, or because looks particularly cool. Meanwhile, pre-existing technology training and equipment already exists, cheap, and without any adoption costs.

This is, after all, a field where touching matter improperly can lead to a BATFE raid or a Jesse Jackson protest. The gyrojet, to take an example, fell afoul of laws banning high-caliber weapons regardless of the actual power of the shot.
12.13.2008 1:11am
M. Simon (mail) (www):
I'm going to carry a Tesla Coil.
12.13.2008 4:40am
whit:
also, to clarify my point. firearms don't work very well. at all. if they were very effective, it wouldn't be surprising that we were still using them. but they (especially handguns) are remarkably INeffective.

sure, we've made strides within the technology. for example, modern firearms are very reliable (especially the glock). and modern cartridges (jacketed hollowpoint) do a decent job of stopping.

but still... it's a remarkably INeffective tool.

people have been shot over a dozen times and still returned fire, for example.
12.13.2008 2:09pm
gattsuru (mail) (www):
That's true, but this field is not particularly unique for being unsuccessful at beating several hundred million years of evolution. Mammals are not exactly designed to be easily shut down; most of the methods that can do so quickly and reliably also involve shattering a lot of rather fragile parts.
12.14.2008 5:31pm
whit:
gattsuru, i'm not denying that, but consider the amazing strides we have made in other areas of technology, and compare to what we have made in regards to the purpose that guns serve IN LAW ENFORCEMENT.

note that guns serve a markedly different purpose in law enforcement (stopping a threat) vs. military (disabling personnel). in the military, weapons are (generally) better if they maim a person severely such that they require a lot of care and it's actually usually suboptimal to kill them.

contrarily, in law enforcement, the only goal is to stop them - to render them (at least temporarily) unable to resist. whether they die or not is irrelevant and maiming isn't a goal. a magic weapon for law enforcement would be a sleep ray that instantly rendered the bad guy unconscious, for example.

modern handguns are simply remarkably ineffective for law enforcement purposes.
12.15.2008 2:11am
einhverfr (mail) (www):
Whit:

not just medical costs. fit cops have a lower incidence of excessive force, lower costs to the dept. in lawsuits, lower incidents of lawsuits against the dept., etc. it's win/win, but this is PUBLIC EMPLOYMENT where there are disincentives for efficiency, and no profit motive.


One interesting insight I had was that governments all have the same productivity incentives, and that the Soviet Union failed because there all jobs were government jobs.....

Also, I expect my son to study a combat martial art (for example, perhaps a combat kempo style) because there is nothing that keeps yu ut f fights

I think that one thing that police officers have going for them though is that many believe in what they are doing ideologically.

It therefore seems that the best options to help get things on track is to start pointing out to police officers that there is a correlation between physical fitness and excellence in work, and then perhaps starting to raise public awareness as to how this is important.
12.15.2008 11:48am
einhverfr (mail) (www):
BTW, I suspect the taser ban probably has a lot to do with the negative press of issues relating to excessive use of tasers and the fact that similar methods are used as part of torture regimens.

At the same time, the brutal fact is that we don't outlaw water, and water can be used to torture people too (for example waterboarding), so it seems to my mind that these are poorly thought out, reactionary measures.
12.15.2008 12:20pm
whit:

One interesting insight I had was that governments all have the same productivity incentives, and that the Soviet Union failed because there all jobs were government jobs.....



right. my claim is that government work often has DISincentives for productivity and efficiency. my dept. certainly has.

our dept., and law enforcement in general is astoundingly inefficient when compared to the private sector. it's really amazing how outdated our technology, our methods of recording information, etc. are. if grocery stores acted like law enforcement, instead of a bar code scanner, they'd have a clerk writing down each item in your cart and consulting a book to get the right price for each, then painstakingly recording this information over and over.


It therefore seems that the best options to help get things on track is to start pointing out to police officers that there is a correlation between physical fitness and excellence in work, and then perhaps starting to raise public awareness as to how this is important.




the civil service mentality runs too strong. iow, "what's in it for me". there is no easily graspable incentive for fitness. an officer can say "i can work overtime and get $55 for an hours work, or i can go to the gym, pay for a membership, experience discomfort, and get nothing for it. and if i get injured at the gym, i burn my sick leave".
12.15.2008 3:20pm

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