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$599 at Cabelas right now.

In some jurisdictions, unforeseeable superseding intervening cause or criminal act is available as an affirmative defense to negligence. Of course, that begs the question whether the seller had reason to foresee the deeds of the buyer, which, as Frank (and others) already pointed out, will...

Old Fuff, your mention of a tailor is apropos. I've had my tailor sew 5" x 5" pockets at about 10 and 2 of sturdy fabric like canvas inside the waistband of my suit pants. Each will hold a small pistol or revolver, magazines, etc. it's like Mexican carry, but does not fall down your trouser leg.

I carry a 642 or a Colt DS in a suit frequently. Desantis Nemesis in front pocket or breast pocket works fine. Any decent IWB works fine, especially with a vest. I carry this way four or five days a week all year long. Is your revolver much bigger?

I completely agree, and I recall at least one case in which Justice Scalia did too.

Thank you, Frank, for taking the time to flesh those cases out. You make your points most persuasively. Again, these are New York cases, and not applicable everywhere. I don't know for certain, but I think some jurisdictions do not permit inconsistent defenses. Perhaps a better informed mind...

My pleasure. :-)

In some jurisdictions (including New York, under discussion here) the defendant is permitted to raise inconsistent defenses. Inconsistency might hurt the defendant's credibility with the jury, but it might give a conflicted jury an extra avenue to exoneration. In multiple-shooter situations...

I recall the Mark James Robert Essex shootings of 1972-73.

A pleasure, sir. Thank you for your fine work here.

I completely agree. It's a great challenge to try to balance clarity with accuracy. Any simplification is a compromise. You do an excellent job of explaining the basics in a way that puts the sincere lay student of the pertinent laws on the right track. And you have your hands full with...

Thanks for the quotes and links, Frank. Maybe I'll work on the law review article when I get back from vacation. :-) A major complication is that the law in this area is so specific to state. It can be very misleading to deal in generalities, as witness the confusion over affirmative defense...

Glad to jump in, and thank you. In the case I cited, Judge Sotomayor was one of the circuit judges. She's done well for herself since then. :-)

I'm still working, but I'm on vacation this week. ;-)

As always, I'm happy to defer to Frank's wise guidance. :-)

Hi, Sam. Let's assume the People prove the defendant D killed victim V. D claims self-defense and attests he feared for his life. The DA then has the burden to prove, beyond a reasonable doubt, that the killing was NOT justified. D has only to raise evidence that, interpreted in the light...

Of course the NY law penal code or the cases interpreting it could have changed dramatically since 2001, and I haven't Sheppardized, but I don't see evidence of that. I know there was an effort to introduce SYG and Bloomberg opposed it, but I don't recall that it passed. Duty to retreat is...

Hi, Sam. Nope, it doesn't work like an affirmative defense. Read the case I cited. Failure of the judge to charge justification is reversible error. Even if it conflicts with other defenses raised, such as alibi. (I think Frank disagreed with me on this point years ago, but on grounds it...

Here's a nice quote from the case above:  Under New York law justification is a defense, not an affirmative defense;  therefore, when the defense is raised on a proper evidentiary record, the People bear the burden of disproving it beyond a reasonable doubt.   See N.Y. Penal Law §§ 25.00(1)...

Hi, Spatts. It's not an affirmative defense in New York. The defendant raises the defense, and, in lay terms (for our non-attorney contingent), if there's any reasonable basis for it, the court must give a jury instruction on it. The standard instruction advises that the people (state...