"Ask the Rabbi" by R. Mermelstein
QUESTION: Dear Rabbi
Mermelstein:
I am not Jewish, but am very interested in self defense. I raised a
question to Dave Kopel and he referred me to you. I've been told
that there is a strongly worded Supreme Court opinion (written by Earl
Warren as the story goes) to the effect that the police have no legal
obligation to protect any particular citizen. According to the
story, it says or at least implies that there is an obligation to self
defense. I've been unable to get any details on the opinion. If the
story is true, I would appreciate any info you can provide. Assuming
that it's true, I can't understand why it is not better known. It
would seem to be the perfect antidote to the gun control loonies.
Sincerely,
James G. Bennett Jr.
01 Jul 1999
ANSWER: Dear Mr. Bennett,
That's exactly what the US Court
of Appeals ruled, in Bowers v. DeVito, Seventh Circuit; F.2D 616
(1982). No ordinary person in America has a Constitutional right to
police protection. Yet, many states and cities refuse to issue permits
to carry a weapon for self defense. Why isn't this fact more widely
publicized? Would you vote for a bond measure to drag your city or
state into further indebtedness for the hiring of additional officers
if you knew of this ruling? Just something for you to think about.
Sincerely,
R. Mermelstein
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