Tuesday, December 08, 2009


The Limits of Self Defense

In my state, Colorado, you can use reasonable physical force, less than deadly physical force, against any person who you rationally believe is using or about to use "unlawful physical force" against you (see Section 18-1-704, C.R.S.). "Unlawful physical force" is not defined in the statutes, but there are three degrees of assault, the least of which is defined as knowingly or recklessly causing bodily injury to another. "Bodily injury" is defined as physical pain, illness or any impairment of physical or mental condition. Thus, it is an assault to pipe poison gas into a person's home, for example, and I would argue, it is also unlawful physical force to pump a poison gas into someone's home, for example, and you could use reasonable physical force to stop that person from pumping in the gas.

So now that the EPA, in its wisdom, has declared that the naturally occurring, necessary for life on this planet, present in every breath we exhale, CO2, "threaten[s] the public health and welfare of the American people," can I slug any person who breathes in my direction? Certainly he or she is introducing into the air I am about to breath a gas which threatens my health, and any impairment of my physical condition is bodily injury, namely, a bodily injury against which I am justified to use reasonable physical force to prevent.

CO2, at .038% of the atmosphere, is of course not a pollutant, just the opposite, so I would not object to anyone producing CO2 at any level near me, but the true Warmie believers, can they slug me for breathing?

Just asking?


It's worse than that.

When we consume food, the carbon atoms in the molecules that make up our food (carbohydrates, fatty acids, protein, etc...) get oxidized. This process is what keeps us alive.

The ultimate fate of these carbons is as carbon dioxide. This is what we exhale.

So, when you breath CO2 into your body, realize that those atoms you are inhaling were at one time someone else's food.
Thanks for the image. I was steering away from discussing slugging anyone who farted in my general direction, as methane is also a poisonous gas accoring to the EPA. Seems I was just fooling myself.
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