Gun Politics 4139 Final Exam Study Guide 2023 with
complete solution
Waco
- fiery end to the Branch Davidian standoff in Waco, TX in 1993
- David Koresh died at Waco, was the prophet of the religious sect
- 51-day siege, by the ATF, FBI, and Texas National Guard, resulted in the deaths of
the Branch Davidians' leader, David Koresh, as well as 82 other Branch Davidian men,
women, and children, and four ATF agents.
Ruby Ridge
- ATF placed residence of Randy Weaver under surveillance
- Weaver's dog and son, Sammy, are killed and the standoff ensues
- wife, Vicki, and an ATF agent both die in standoff as well
- 18 months in prison for Weaver, 3.1 Million in civil suit awarded for wrongful deaths of
family members
- Idaho, 1992
Self-defense
- "Ohio rule" aka affirmative defense states that the burden of proof is on the defendant
to justify their behavior
- Ohio is a retreat state, NOT stand your ground
Non-Lethal Force
1. Defendant is not at fault
2. Defendant had reasonable grounds to believe and an honest belief that force used
was necessary to protect self or property
Lethal Force
1. Defendant is not at fault
2. Defendant had reasonable grounds to believe and an honest belief that he/she was in
immediate danger of death or severe bodily harm and lethal force was only option
3. Defendant did not violate any duty to retreat
Affirmative Defense
- means the burden of proof if on YOU to justify your behavior
-In an affirmative defense, the defendant may concede that he committed the alleged
acts, but he proves other facts which, under the law, either justify or excuse his
otherwise wrongful actions, or otherwise overcome the plaintiff's claim.
-In an affirmative defense the burden of proof is generally on the defendant to prove his
allegations either by the preponderance of the evidence or clear and convincing
evidence.
Castle Law/Doctrine
- Term is marketing gimmick; no clear meaning under common law
- originally designed as liability shields to protect property owner from civil suits
- Florida started it all
- You do not have duty to retreat in your own home
, 1) Criminal Stand your ground says if you are in your residence/place of business and
you use lethal force, the burden of proof that you did something wrong falls to the state
2) Civil
-If you are in a residence/automobile and the person comes on and you use force you
cannot be brought to civil court
Stand your ground
- Defendant is not at fault
- Defendant had reasonable grounds to believe and an honest belief that he/she was in
immediate danger of death or severe bodily harm and lethal force was only option
**Not applicable in Ohio, only in 7 states (Florida, etc.)
Shay's Rebellion
- An armed conflict in response to farm foreclosures
Insurrectionism
- Insurrectionary anarchism is a revolutionary theory, practice, and tendency within the
anarchist movement that emphasizes insurrection within anarchist practice.
- never in Japan, occurred in America
- Believed in illegalism/acting in criminality
Sedition Act
- Prohibited any false, scandalous, and malicious writing against the President and
Federalists in Congress
- Expired March 3, 1801
Black Panther Party for Self-Defense
- The Black Panther party's original name
- Black organization established to promote civil rights and self-defense
- Active 60's and 70's
- Founded in Oakland, CA by Huey Newton and Bobby Seal
- Initially called for armed resistance to societal oppression of black people
- Leaders espoused socialist doctrine but the Party's reputation of Black Nationalism,
attracted diverse membership and caused problems for leadership
Weathermen/The Weather Underground
- Splinter group of Black Panther Party
- thought peaceful protests were ineffective, were criticized for violence as a means of
social and political change. - 1969 death of Fred Hampton and Mark Clark by police in
Chicago nightclub was final straw
- believed violence was needed immediately
- March 1970, bomb accidentally detonated and killed 3 weathermen when it was
supposed to go off at a dance at local army base, which made them target of FBI.
Ku Klux Klan
- The Ku Klux Klan (KKK), or simply "the Klan", is the name of three distinct past and
present movements in the United States that have advocated extremist reactionary
currents such as white supremacy, white nationalism, and anti-immigration, historically
complete solution
Waco
- fiery end to the Branch Davidian standoff in Waco, TX in 1993
- David Koresh died at Waco, was the prophet of the religious sect
- 51-day siege, by the ATF, FBI, and Texas National Guard, resulted in the deaths of
the Branch Davidians' leader, David Koresh, as well as 82 other Branch Davidian men,
women, and children, and four ATF agents.
Ruby Ridge
- ATF placed residence of Randy Weaver under surveillance
- Weaver's dog and son, Sammy, are killed and the standoff ensues
- wife, Vicki, and an ATF agent both die in standoff as well
- 18 months in prison for Weaver, 3.1 Million in civil suit awarded for wrongful deaths of
family members
- Idaho, 1992
Self-defense
- "Ohio rule" aka affirmative defense states that the burden of proof is on the defendant
to justify their behavior
- Ohio is a retreat state, NOT stand your ground
Non-Lethal Force
1. Defendant is not at fault
2. Defendant had reasonable grounds to believe and an honest belief that force used
was necessary to protect self or property
Lethal Force
1. Defendant is not at fault
2. Defendant had reasonable grounds to believe and an honest belief that he/she was in
immediate danger of death or severe bodily harm and lethal force was only option
3. Defendant did not violate any duty to retreat
Affirmative Defense
- means the burden of proof if on YOU to justify your behavior
-In an affirmative defense, the defendant may concede that he committed the alleged
acts, but he proves other facts which, under the law, either justify or excuse his
otherwise wrongful actions, or otherwise overcome the plaintiff's claim.
-In an affirmative defense the burden of proof is generally on the defendant to prove his
allegations either by the preponderance of the evidence or clear and convincing
evidence.
Castle Law/Doctrine
- Term is marketing gimmick; no clear meaning under common law
- originally designed as liability shields to protect property owner from civil suits
- Florida started it all
- You do not have duty to retreat in your own home
, 1) Criminal Stand your ground says if you are in your residence/place of business and
you use lethal force, the burden of proof that you did something wrong falls to the state
2) Civil
-If you are in a residence/automobile and the person comes on and you use force you
cannot be brought to civil court
Stand your ground
- Defendant is not at fault
- Defendant had reasonable grounds to believe and an honest belief that he/she was in
immediate danger of death or severe bodily harm and lethal force was only option
**Not applicable in Ohio, only in 7 states (Florida, etc.)
Shay's Rebellion
- An armed conflict in response to farm foreclosures
Insurrectionism
- Insurrectionary anarchism is a revolutionary theory, practice, and tendency within the
anarchist movement that emphasizes insurrection within anarchist practice.
- never in Japan, occurred in America
- Believed in illegalism/acting in criminality
Sedition Act
- Prohibited any false, scandalous, and malicious writing against the President and
Federalists in Congress
- Expired March 3, 1801
Black Panther Party for Self-Defense
- The Black Panther party's original name
- Black organization established to promote civil rights and self-defense
- Active 60's and 70's
- Founded in Oakland, CA by Huey Newton and Bobby Seal
- Initially called for armed resistance to societal oppression of black people
- Leaders espoused socialist doctrine but the Party's reputation of Black Nationalism,
attracted diverse membership and caused problems for leadership
Weathermen/The Weather Underground
- Splinter group of Black Panther Party
- thought peaceful protests were ineffective, were criticized for violence as a means of
social and political change. - 1969 death of Fred Hampton and Mark Clark by police in
Chicago nightclub was final straw
- believed violence was needed immediately
- March 1970, bomb accidentally detonated and killed 3 weathermen when it was
supposed to go off at a dance at local army base, which made them target of FBI.
Ku Klux Klan
- The Ku Klux Klan (KKK), or simply "the Klan", is the name of three distinct past and
present movements in the United States that have advocated extremist reactionary
currents such as white supremacy, white nationalism, and anti-immigration, historically
