Eric Lamberson wrote:Our legislators write many of our laws this way. I always tell my students: Defense against prosecution does not mean you cannot be arrested, charged, and tried. It just has the potential to make the foundation of your defense a little firmer.
You can be arrested, charged, and tried for
anything "legal" or otherwise. A defense will always prevent you from being convicted if the plain meaning law is followed. In order to convict you the prosecution must prove to the highest legal standard (beyond a reasonable doubt) that the DEFENSE did NOT exist.
ALL the justifications in PC CH9 are Defenses to Prosecution. So in that sense you could say that self defense is illegal, just as carrying a handgun w/ CHL, or to the range, or to a sporting activity, is illegal.
Oh...no...the RIDE!!! The RIDE!!!
I like to think of myself as law abiding, but I almost daily commit a class A misdemeanor by carrying my gun, with only the DEFENSE to PROSECUTION of a CHL.
