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Mark S. Knapp, Federal Way Firearms Lawyer

Blog EntryFeb 21, '08 7:45 PM
for everyone

Magistrate is a generic legal term that, according to Black's Law Dictionary, references a public servant clothed with authority or power where such officer is ordained via executive appointment, legislative-electoral process or via the judicial branch of government.  Thus, the term can denote any public officer but especially officers that execute the laws and may also refer to military authority.  The Apostle Paul uses the term in order to direct our attention to the God-given authority that is wielded by police officers:

  

Romans 13:1-2 says, “Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves.”  The first part of verse 4 says of the law enforcement officer, “For he is God's minister (servant) to you for good.”

Many things that we take for granted would be impossible outside of an ordered legal system.  But laws are only as good as the lawyers, judges, police officers and countless other public servants (magistrates) that enforce, implement and apply the laws at every level of the governmental process.  This includes the citizenry.  

 

I often come across the idea that honest citizens lawfully carrying weapons are a threat to the rule of law because of the possibility that armed citizens may engage in vigilante justice, anarchy or mayhem.  There have long existed ordinary and usual procedures for carrying concealed weapons (with training and a concealed carry license).  Self-defense has always been lawful under common law and statutory legal systems.  In fact it has been often recognized as the most basic law of nature.  As modern urban dwellers, many folks attend classes in order to become familiar with some of the mores, legalities and technical/procedural issues of carrying a firearm.  Such classes are proliferating as the demand rises, especially among senior citizens and women (often targeted by violent criminals).

 

The fact that weapons are usually concealed produces the perception (for many of those people that do not carry) that it is very unusual and dangerous to carry.  The fact is that violent criminals are very aware that armed citizens are all around them while in public places and this fact deters violence in ways that cannot be quantified easily.  Thus, in a sense, the concealed carry permit vests each citizen with a small degree of the magistrate power.


Each citizen that takes up the responsibility of "bearing the sword" is, in a very limited sense, exercising a duty or power that is like the magistrate's power; i.e.,  tasked with protecting the public (but not with the power to arrest except in very limited circumstances).  Although citizens do not have have the power of arrest and certain other authority that belongs to a duly sworn police officer, civilian men and women (those who are not police officers) sometimes require the use of deadly force to protect themselves and others.   This is often described as a right but it is more akin to a duty.

 

Romans 13:4 says of the police officer, “For he is God's minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God's minister, an avenger to execute wrath on him who practices evil.”  Some people are critical of the officer’s use of force just as they criticize the armed citizen for having the audacity to exercise armed self-defense.  Such people may complain,“Who made the police officer judge, jury and executioner?”  Then the same person turns around and complains that those of us that choose to exercise the option to be armed are uncivilized vigilantes.

 

If the day comes, God forbid, that you have to use deadly force, never forget that you have God-given authority and the responsibility to wield the sword, or in your case, wield the pistol that God placed in your hands for self-defense and defense of others from deadly force.  There is no right to protect property or take the law into your own hands.  It is a very serious responsibility and many states require CPL holders to meet certain levels of knowledge and proficiency before issuing a license.  The fact that Washington State does not have such a criteria does not lessen the moral obligation to get trained and practice regularly just as sworn peace officers do.


Thus, God has also called citizens by means of the U.S. Constitution and other laws of the land) to be His ministers and has given us a great deal of authority and responsibility.  There are a couple of things to keep in mind.  Be mindful of who you really are in the Lord.  Secondly, depend upon the Lord.    He will give you the wisdom and strength to handle whatever comes your way if you make the effort to properly prepare.  We have included a message from the Durango, Colorado Chaplain of Police herein and have borrowed liberally from his message in order to also encourage civilians.  We need to lift up our police officers and magistrates in general, including elected leaders and the troops that are pursuing a worthwhile policy on all the fronts of conflict which is becoming worldwide.  These messages are our way of appreciating all of those that contribute to our security, comfort and prosperity in untold ways. 

 

Always recognize that, without honest citizens, the job of policing and administering good government becomes very difficult indeed.  Look at most of the rest of the world for examples of the alternatives (Zimbabwe and Kenya are recent examples of modern nations where contested elections have resulted in the people raping and butchering each other).  We have a great deal about which we should continue to be encouraged in our great Republic of the United States.

 

See also http://www.davekopel.org/Religion/To-your-tents-o-israel.pdf


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