Category Archives: Law

Let’s Ex Parte!

Ah, the fad for Extreme Risk Ex Parte Protective orders. You know, I shall henceforth refer to them as EPPOs.

Supposedly, these are to get guns out the hands of “dangerous” people, but the fact is that every state already has laws — for years — that allow that. The only thing EPPOs “add” is stripping away due process, through ex parte “star chamber” proceedings with the subject not even being aware of the accusation until the cops show up to steal his property. That’s the point.

Besides ex parte proceedings stripping away human/civil rights being morally repugnant, that don’t meet the federal definition of due process, which requires a hearing with the accused before the rights-stripping. (You hear that, NRA?)

So yes, I oppose EPPOs. But allow me to make a little suggestion. This isn’t actually being offered as a compromise, just a thought experiment to see how the victim-disarmers react. Let’s modify the basic “ERPO.”


The individual applying for an EPPO shall, in addition to any court/filing fees, post a $10,000 bond.

When the ex parte hearing is held, the judge shall either issue the order or deny it.

  • If the order is denied, $5,000 of the bond will be delivered to the subject of the EPPO application, in restitution for the attempted infringement of the subject’s rights. The subject will be informed of the denied application and the identity of the accuser.
  • If the order is issued, $10,000 will be delivered to the subject when the police remove the firearms.

If the order is issued, the after-the-fact appeal better-late-than-never-due-process hearing will be heard by a judge other than the judge who issued the order, who has no conflict of interest in case.

If that judge does not uphold the original order, the first judge who issued the order will be suspended from the bench without pay and criminally charged under 18 U.S. Code § 242 – Deprivation of rights under color of law. A civil judgement will be entered against the offending judge ordering him to pay the subject of the order $10,000.

In any case, the subject of the order keeps the original $10,000 in restitution for the rights-violation which occurred before he had a hearing. No shall the subject of the order incur any court costs, filing fees, or fines; and all of the subject’s legal expenses will be borne by the party who applied for the rights-violation.

None of the restitution paid to the subject in this process shall be construed as disallowing additional compensation awarded through other civil or criminal proceedings.


OK, victim-disarmers. Put up or shut up. Is it your goal to protect people from themselves, or to make cheap, anonymous SWATting of gun owners legal?

 

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Law and Order: War on Western Society Part 5

Demonstrating perseveration, liberals insisting they don’t want to take away anyone’s guns is like the government telling plains Indians, because no tracks have been laid is proof trains will never come through their land.” Author

I Recently returned from Monaco celebrating Lewis Hamilton’s fifth Formula 1 World Championship, the Port Palace Hotel, (7 Avenue, Kennedy, Monaco) is fabulous. Hamilton, who is British and Black,2 joins Argentinian Juan Manuel Fangio at that mark with German Michael Schumacher holding the record at seven. Okay, I wasn’t really in Monaco. My family popped corks in the states. Cheers. But all was not well.

To my chagrin, the Great Unwashed turned Congress over to trolls who despise the U.S., hate its Constitution, and hate its Judeo-Christian foundations. I kind of understand young sock-puppet Millennials voting for neo-Marxist Alexandria Ocasio-Cortez, (or is it Evita?) in spite of her abysmal ignorance of economics, history, and the Constitution after all, they probably went to public schools. When run by liberals, dumb kids showing up at school house doors (Alyssa Milano) graduate even dumber. What I can’t fathom is how anyone could vote for reprehensible batrachian Nancy Pelosi whose former career, if I’m not mistaken, included playing Miss Gulch, the woman who took Dorothy’s dog away. Technology doesn’t exist capable of measuring her level of arrogance, pomposity, and deceitfulness. Were she attached to a polygraph, it’d explode the moment she opened her mouth. Rumor has it she and Cher recently tussled on the floor of their plastic surgeon’s office over the last bottles of collagen, Botox, and a Styrofoam cooler of baby’s skin for grafting.

In Part 1, I observed writing on race and crime was akin to crossing a mine-infested no-man’s land. On one side is a race hurting from wounds inflicted through discrimination and hatred. They search for acceptance leading to healing. On the other is a race who, to some degree, exacerbate the crisis by indifference. It’s expressed through attitudes like; “Crime ain’t happening in my neighborhood, why should I care?” Or “I had nothing to do with racism, it all happened in the past, so, why are these people still so angry?” And worse; “It’s a black thing.” They relate to blacks as if the latter are recent immigrants rather than having been in America, almost from the start, as American as the white man.

Ah, but perched like vultures in burned out trees overlooking the no-man’s land of racial division are today’s young Neo-Marxists, ready to swoop down on anyone daring to address race and crime in a fair and honest way. Blacks willing to do so are chastised as “traitors, Uncle-Toms,” and “racial-sellouts.” For whites willing to address the sources of the problem come shrill high pitched harridan shrieks of “racist” from the twisted fever spittled lips of Left-wingers. White flimsy-bodied Kulak-haters in black unitards regret none of the mayhem, destruction, and death they’ve unleashed in minority communities by stoking the flames of mistrust and animosity. They need it. Social disorder is vital to the Left’s strategy to realize their great project; subordinating the individual to the all-powerful state. Their route to power has never been the ballot box. It’s riding the crest of a wave of mass social unrest and violence as they did in Russia, China, Cuba, Zimbabwe, North Korea, and Palo Alto. Racial division is a tool useful for the left in breaking down social order. Their technique is to whip up anger among blacks, goad them into acts of civil disobedience, and provoke overreaction by police like the 1960s, and then the revolution is on. Unless issues of race are addressed honestly, reconciliation remains a pipedream. If you ask the wrong question, you get the wrong answer. As painful as it might be, the starting point is facing reality.

In 1999, Walter E. Williams, black Professor of Economics (George Mason University) wrote that “most violent crime in America, in our country, is committed by blacks.” They commit 54 percent of all murders, 42 percent of rapes, and almost 60 percent of robberies. With respect to interracial crime, “blacks are fifty times more likely to commit violent crimes against whites that whites against blacks.” Most of the violence is intra-racial with 93 percent of black homicide victims killed by other blacks.3 What the Left fails to mention is less than a hundred years after the end of slavery, a higher percentage of black children grew up in two-parent homes than white kids.4 In addition, the current crime problem in the black community was unheard of in the 1930s, 40s, and 50s. They didn’t have to shut their windows and lock their doors like they did in white neighborhoods, and could stroll their streets after dark without fear. Poverty and high school dropout rates were on par, often less, than white communities as well.5 Crime, poverty, unemployment, and poor education in the black community, accepted as the norm today, is in fact not and never was. A direct correlation can be drawn between this monumental change and liberal government social welfare programs, starting in the 1960s, and decline of the black family.6 They were making it on their own when the government pulled the rug out from under them.

What went wrong? Who is responsible? How can we begin to fix this? Those are the questions that should be asked. Blacks didn’t do this to themselves. But these questions won’t be asked because white liberals stoking racial division today are ideologically the same ones responsible for what has been done to the black community in the first place through their social engineering. Compounding the problem are “black” groups misidentifying those who stabbed them in the back and, asking the wrong questions, choose the wrong solutions.

Today Black Lives Matter (BLM) and the New Black Panthers (NBP) are joined by white Crypto-Marxists promoting revolution in America. Since the 1960s, they’ve demonized America’s founding conservative institutions, religion and family, until they’ve become epithets for hatred and racism. They corrupted public education harnessing it as a transmission belt for ideological indoctrination of each generation. Next they set their sights on other conservative institutions, the Boy Scouts and U.S. Military and, through insidious feminization and homosexualization, they too fell. Finally, deploying a fictitious narrative cooked up in the rotting fetid swamps of their brains, they went after the last man standing, the police, claiming they’re the tip of the white man’s spear in a war to destroy the black race. It is them they blame for violence in black communities. Is any of this true? Have circumstances changed since Williams wrote about race twenty years ago?

Twenty-three percent of New York City’s population is black (only 33% is white) yet blacks account for 75 percent of the City’s shootings compared to 2 percent by whites. Its black population commit 70 percent of all robberies and blacks and Hispanics account for 98 percent of illegal gunfire in the city. Most of the victims are black and Hispanic. Redacted by the liberal media is the fact most legal gun purchases in the Five Burroughs are made by whites but only a miniscule percentage are used in crimes.7 Blacks and Hispanics commit violent crimes in numbers disproportionate to their percentage of the population as a whole. But Liberal whites, who typically don’t live in or near minority neighborhoods, insist crime rates are the same, proportionate, for all races. They contend no race commits violent crime at a higher rate than any other, therefore, New York’s crime and arrest rates should mirror those percentages. If 23 percent of the city’s residents are black and 33 percent white, then 23 percent of crime should be committed by blacks and 33 percent by whites. But that’s not what’s happening. Black crime is way out of proportion to their percentage of the City’s population. What then accounts for the disparity? According to the white liberal media, it’s the result of racism.8 The Left would have you believe cops protect families in communities where they often live, arresting black suspects for assault, robbery, rape, and murder but look the other way when the same crimes are committed by whites. Yeah, right. I served and worked with police departments on the East and West Coasts and never met a police officer who wasn’t more than happy to put the habeas grabbus on the scrotes and dirt-bags of society irrespective of race.

Contrary to what white liberal pantywaists at the New York Times claim, police killings of blacks are actually extremely rare. They comprise a “minute fraction of black homicide deaths.” Approximately 25 percent of those shot and killed by the police are black meaning 75 percent are not.9 An arithmetic exercise is in order to put this into perspective. Yeah, I know, I went to public schools too.

Blacks comprise 13% of the U.S. population. They commit 57%+ of all murders, 45% of assaults, and 62% or robberies in America’s seventy-five largest counties.10 Of that 13%, approximately 47% are male.11 Approximately 49% of that 47% are between ages 18 to 34, the cohort committing the overwhelming majority of violent crimes.12 The 49% of the black population that is male represents 6.20% of the total U.S. population. The 47.7% of that 6.02%, ages 18-34, represents only 3.03% of the total U.S. population. When roughly 3% of a race commits 60% of the nation’s murders, and most of its rapes, robberies, and assaults, is it any wonder that cops profile, and people black and white, fear them? To be politically correct, should people equally fear Japanese, Indian-Americans, or Jewish Deli-owners? Wait a minute, professor, the Washington Post (marching orders for Bolshevik Millennials) claims “unarmed black men are seven times more likely than whites to die by police gunfire.”13 What do you say about that? If 60%+ of violent criminals are black, isn’t it far more likely the police will have encounters with them than whites? But let’s take a closer look at the paper serving the Kremlin on the Potomac.

Of the 987 people shot by police in 2015, 35 were unarmed black men, 2 unarmed black women, and 31 unarmed white men. Leftwing mouthpieces like the Post typically refer to unarmed suspects shot by the police as “victims.” What they dishonestly left out of this reporting is that of the 36 unarmed blacks, 5 tried to grab the officer’s gun and shoot him or her, several more had the officer down on the ground beating him or her senseless with the cop’s service equipment, (what would’ve happened once the officer went under), and 2 were killed by stray bullets fired from guns aimed at someone else. Black males are far more likely than white males to violently resist arrest, make a grab for the officer’s gun, and physically assault officers. In arresting suspects, no requirement exists for officers to first determine who is the better boxer, wrestler, or martial artist.14 Police officers are commissioned to enforce the law, keep the peace, and arrest those for whom probable cause exists to believe they’ve committed a crime. They’re not required to take a beating in performance of their duties.

Big surprise, the Pravda Post forgot to mention in cases they referenced that the suspects had gained control of non-firearm pieces of the officer’s equipment, including nightsticks, which are potentially lethal weapons especially when the officer is pinned to the ground, on his or her back. Detectives were beat bloody with their own portable radios while others under arrest, possibly on drugs, shrugged off night sticks, chemical sprays, and TASERS and were beating the cop senseless. Most people can only last a few minutes in an all-out struggle. But bad guys on drugs, like PCP,15 with the strength of Hercules, can go a lot longer. Officers often face suspects who are larger, stronger, and more physically fit. As a policeman, I took a class taught by a Captain from San Quentin, Marin County, California. Convicts behind bars practice escaping police holds, (feet apart and spread them, hands interlaced behind your head, and so forth), disarming cops, and killing them with their own service weapons. It was a chilling class. Once a cop is down, scumbags don’t need a gun to kill him or her. Kicks to the head, throat, ribs, and so forth will quickly incapacitate and kill a victim,16 one reason white-supremacist gnat-zies and ex-con thug-bikers wear steel-toed boots. If cops wait until they’re going under before grabbing the Smith & Wesson, it’s too late. Reality check; “Police officers are at a greater risk from blacks than unarmed blacks are from police officers. The per capita rate of officers being feloniously killed is 45 times higher than the rate at which unarmed black males are killed by cops.” And “An officer’s chance of getting killed by a black assailant is 18.5 times higher than the chance of an unarmed black getting killed by a cop.”17 But this is not what is explained in black communities or the liberal media.

Because some blacks target non-police random whites for “pay-back” assaults and the conflict between blacks and whites in general, talk of a “race-war” appears on social media. Regrettably, some blacks, including Economist Thomas Sowell and conservative former black Congressman Allen West believe the U.S. is already in the midst of a race-war. Random attacks on whites are justified as revenge for past injustices. Anyone with a white skin is fair game.18 Justification for race war are promoted by white liberal males tying to purge feelings of “white-guilt” guilt implanted into their skulls by public education, pop-culture, and university professors. To prove they’re not racists, they make common cause with BLM and NBP referring to the police as an “occupying force” and treat violent criminals as “victims.” Cop-killers are toasted as heroes within black communities and by white liberals19 who refuse to face the truth that crime in minority communities is black on black, not cop on black.20 St. Louis, Missouri, which makes Forbe’s Top Ten List of most dangerous cities in America like clockwork, is a black majority city in which 95% of homicide victims are black as are the killers.21 Kansas City, Missouri, called Kanshago in some circles (Kansas + Chicago) mecca for connoisseurs of abandoned boarded-up crumbling brick buildings, is 29% black and ranks as more dangerous than 94% of other communities in the state with an extremely high murder-rate, almost all black on black.22 Considering the municipal governments, school districts, and police departments of these cities are typically run by blacks, how can white millennial liberals continue to blame white cops? In addition, is it “white-guilt” that cripples their credulity or slavish adherence to ideology that causes them to stoop to or fall for race-hoaxes?

University of Missouri’s black president of the Missouri Student Association claimed “rednecks” in pickups screamed “nigger” at him warning that black students were going to be assaulted. He claimed the KKK had a presence on campus. Ultimately he, like black students at the University of Alabama and other colleges, confessed their stories of racial attacks were hoaxes. They made it all up.23 They painted the Swastikas and white supremacist symbols on buildings and dorm doors themselves. Further damage was done to the University of Missouri, negatively affecting enrollment and athlete recruitment, when black football players went on strike refusing to practice or play until graduate student Jonathan Butler ended his hunger strike.24 Butler, a self-described black “activist,” was protesting what happened in Ferguson, Missouri and demanding University President Tim Wolfe and Chancellor R. Bowen Loftin resign for doing nothing about alleged anti-black racism at the University. Regrettably, vertebral atrophy won the day and these administrators were forced to resign over faux racism and racial hoaxing as leftists learned to use race to flex political muscle.25 Perhaps worse, in a massive display of cowardice and gonadectimization, Board of Curators Chairman (a charitable sex-designation) Donald Cupps apologized to black students for the faux racial incidents, political race “stunting,” and hoaxing committed by black students that also destroyed the careers of lifelong educators and administrators.26 My contacts out in Missouri, advise enrollment at Missouri’s flagship university has plummeted, hundreds of professors have been laid off, and so many dorms closed, the university is renting them out like apartments and hotel rooms. And the most tragic consequences of these false narratives and lies?

From Baton Rouge to Dallas, 2015-2016 saw an “extreme spike” of 56% in ambushes on cops over 2014. This spike began following well-orchestrated and publicized protests and riots coupled with the Left’s calculated inflammatory rhetoric (aided and abetted by former president Obama).27 Another consequence is the “Ferguson Effect.” Afraid of being accused of and punished for racism, police officers scaled back aggressive proactive policing and anything that smacks of profiling. As a result, violent crime has spiked with cities like Baltimore experiencing a blood bath. Street cops know that, like the University of Missouri’s Board of Curators, the powers-that-be will shamelessly throw them under the bus in a heartbeat to placate the violent mob.28 Who suffers the most? Blacks living in the inner-city. Way to go Lefties.

Thomas Sowell

1 Teachers are forced into retirement for various reasons. My crime was engaging in Unprotected Education. I dared to teach the “other side” as opposed to liberal dictum being indoctrinated into the minds of students and was targeted by a coven-like cabal of leftist teachers for expurgation. They were relentless. What makes me so dangerous now that I’m out? Because I was on the INSIDE for 25 years, I know what really goes on, and I’m going to tell. Watch for future articles.

22 I don’t refer to Hamilton as “black.” His father is Caribbean, of African ancestry, and his mum is a blonde Englishwoman. Lewis was born and raised in England. Formula 1 drivers represent their nation, their team, and the sport, not a race. The world, not me, describes Lewis as black. Naturally blacks claim him as he may go down in history as the greatest F1 driver of all time. Although half-white, some whites see him as a “black guy who is part white.” Born with a natural tan, I was forced to “defend” my racial composition as a teacher. Colleagues mocked my suspected racial composition, yes, teachers, and students made up songs whose lyrics were full of speculative mockery. It seems, unless one is 100% white, even if 80%+, they’re not accepted as white but as representatives for their tiny non-white part. Yes, racism exists in America.

33 Walter E. Williams, More Liberty Means Less Government: Our Founders Knew This Well (Stanford, California, Hoover Institution Press, 1999), 20-21.

44 IBID. 23.

55 Walter E. Williams, “The Community and Crime,” at https://www.creators.com/read/walter-williams/01/17/the-black-community-and-crime-.

66 Marvin Olasky, The Tragedy Of American Compassion (Washington, D.C., Regnery Publishing, 1992), 167-199.

77 Heather McDonald, The War Against Cops (New York, N.Y., Encounter Books, 2016), 27-28.

88 IBID. 34-37.

99 IBID. 37-38.

1010 IBID. 38. See also: Taleeb Starkes, Black Lies Matter: Why Lies Matter to the Race Grievance Industry (North Charleston, South Carolina, Createspace Independent Publishing Platform, 2016), 23.

1313 McDonald, 74.

1414 IBID., 74-76. Citizens seem to think the local cop knows and represents every cop anywhere in America. If one does something wrong, all cops are guilty. I was asked often why cops used mace, nightsticks, and even guns on bad guys instead of using martial arts like William Shatner on the television show, T. J. Hooker. You know, Kung-Fu kick the bad guy’s gun from his hand. They said; Instead of shooting and killing bad guys shooting at you, why don’t you “wing” him instead? You can’t make up this kind of idiocy.

1515 PCP: Phencyclidine. Street name is “Angel-Dust.” Some people cook PCP in water and then, using a spray bottle, spray it on Marijuana cigarettes. They smoke it when dry. PCP, formerly a horse-tranquilizer, is a mind-altering drug than can cause extreme paranoia, violence, hallucinogenic episodes, psychosis, and gives the user incredible strength. How do I know? Whaddaya mean how do I know? I had to arrest these junkies and more than a few told me “how it was done.”

1616 McDonald, 74-76.

1717 IBID. 77-79.

1818 Starkes, 41-42.

1919 Starkes, 118-134.

2020 IBID. 43.

2121 IBID. 97.

2222 IBID. 98-101.

2323 IBID. 174-178.

2424 Todd Palmer, “Missouri football Coach Gary Pinkel to Resign Following 2015 Season,” at httpS://amp.kansascity.com/sports/college/see/university-of-missouri/article/44782572.html.

2525 Daniel Arkin, Alex Johnson, and Jon Schuppe, “University of Missouri President Tim Wolfe Resigns Amid Racial Unrest,” NBC News, at https://www.google.com/amp/s/www.nbcnews.com/news/amp/ncna459941.

2626 IBID.

2727 Ari Melber and Dianna Marinaccio, December 29, 2016, “Sharp Rise in Ambush Killings Leaves Police Officers, Families On Edge,” NBC News, at http://www.abcnews.com/amp/sharp-rise-ambush-killings-leaves-police-famalies-edge-A700891.html.

2828 McDonald, 62-71.

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When is a gun not a gun?

When it isn’t a gun.

When I saw this report…

How Academy Sports Could Be At Fault For Sutherland Springs Because Of A Firearm Accessory
A state district judge in San Antonio ruled Monday that relatives of the victims of the First Baptist Church in Sutherland Springs can sue Academy Sports, the Katy-based sporting goods chain that sold the shooter the rifle he used in the 2017 attack.

… I expected BS. When I saw this…

Timothy Lytton, professor at Georgia State University College of Law, says this could have implications nationwide because the judge ruled that Academy broke a federal law.

… I knew I’d found it. I happen to be familiar with Lytton, from correspondence last year.* Lytton has expressed outrage that: “Designs include handguns and semi-automatic assault-style weapons. Federal background check laws applicable to the physical sale of firearms do not apply to the electronic posting of digital blueprints”.

Mainly because electronic files aren’t firearms. He could never quite grasp that point. And while he seems vaguely aware of NICS, he’s a little hazy on other laws: “Since the 1980s, anyone can purchase the most lethal of firearms
free from all legal restrictions.”

W. T. F?

But this comment he made in a column last year is very, very important to our current discussion.

“Gun parts – as opposed to whole guns – are not subject to any of the federal regulations that govern firearms sales. No federal license is necessary to sell gun parts. And no background check is needed to purchase them.”

Gun parts. That’s… partially true. AR lowers, drop-in auto sears, and any receiver more than 80% complete require an FFL to sell commercially (and in the case of the DIAS, NFA applies). The ATF famously once classified a shoestring as an NFA-regulated machinegun.

But not magazines.

Which brings us to the Academy Sports “negligence” lawsuit. Academy Sports in Texas sold an AR with a 30-round magazine to the shooter-to-be, who presented himself (complete with ID) as a Colorado resident. The buyer passed a NICS check (thanks, negligent USAF). The magazine — unlawful in Colorado, which is why Magpul left the state — is the basis of the suit.

Texas judge lets Sutherland Springs church shooting victims sue gun retailer
The plaintiffs reportedly argue that the chain was liable for the shooting because employees at its retailer in San Antonio sold Kelley a high-capacity magazine that was illegal in his home state of Colorado.

The two sides reportedly sparred at a hearing Thursday over whether the federal definition of a firearm includes any magazine sold with it, and whether a Colorado law that bans the sale of high-capacity magazines applies to Colorado residents who make the purchase in Texas.

There was no need for “sparring.” The judge should have tossed the suit with a sneer.

The applicable federal regarding interstate long gun sales is 18 U.S. Code § 922(b)(3):

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

“Any firearm,” not any “firearm part,” or “accessory.” The ATF regulates AR lowers by calling them firearms. Drop-in auto sears are “machineguns.” How does federal law define “firearm,” or “rifle” in this case?

26 U.S. Code § 5845(c) Rifle
The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

No mention of magazine there. No “or any ammunition feeding device for same.”

Nor here:

18 U.S. Code § 921(a)(3)
The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

So federal law defines firearms and rifles, but doesn’t mention magazines as a part of either. In this case, we have to fall back on state law.

Does Colorado — the formal state of residence of the shooter — call magazines “firearms” in state law?

18-1-901 Definitions
(2)(h) “Firearm” means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

No magazine there. In fact, 18-1-901(2)(e) makes it clear that that a firearm is a firearm whether or not it is loaded:

(e) “Deadly weapon” means:

(I) A firearm, whether loaded or unloaded;  or

The magazine is extraneous to the firearm.

Let’s go a little deeper into Colorado law. Colorado does separately define large-capacity magazine.

18-12-301. Definitions
(2) (a) “Large-capacity magazine” means:
(I) A fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition;
(II) A fixed, tubular shotgun magazine that holds more than twenty-eight inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or
(III) A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine.
(b) “Large-capacity magazine” does not mean:
(I) A feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds of ammunition;
(II) An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or
(III) A tubular magazine that is contained in a lever-action firearm.

To Colorado, “large-capacity” magazines are a thing unto themselves, not firearms.

18 U.S. Code § 922(b)(3) restricts the interstate sales of firearms. It does not restrict the sale — interstate or intrastate — of accessories, whether scopes, slings, muzzle brakes, or magazines — which even Colorado doesn’t consider firearms. It simply doesn’t apply. Right, Prof. Lytton? (“Gun parts – as opposed to whole guns – are not subject to any of the federal regulations that govern firearms sales.”)

While Colorado statute 18-12-302 generally bans possession of “large-capacity” magazines themselves, I have to question whether that law would apply outside of Colorado.

Out of state? Of an object that was never alleged to have been in Colorado?

“Gun parts – as opposed to whole guns – are not subject to any of the federal regulations that govern firearms sales.”

Now I wonder why Lytton didn’t tell Ms. Covington that, instead of suddenly deciding magazines are firearms, contrary to actual law.


* From there, Lytton devolved into incorrectly describing the outcome of a lawsuit revolving about “MAC-10s,” misstating my positions, and evading nearly every question I asked. I can make copies of our exchange publicly available should he wish to dispute my account.

 

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with truck repairs and recurring bills. And the rabbits need feed. Truck insurance, lest I be forced to sell it. Click here to donate via PayPal.
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For the utter stupidity of our enemy, let us thank G-d

I was going to include this in next week’s alert newsletter, but it’s so monumentally moronic, it needs to be addressed here, too.

Seeking to ban ‘undetectable’ guns, Rep. Madeleine Dean proposes law
The current law “does not adequately address today’s technologies or security risks,” said Dean, who represents Montgomery County. “Today, we face a more pressing issue — firearms made entirely of plastic, or with so much plastic that they fall below the current law’s detection standard.”

“…with so much plastic that they fall below the current law’s detection standard.”

@RepDean actually did it. She filed a bill to make it illegal to violate the Undetectable Firearms Act (18 U.S.C. § 922(p)).

If the firearm doesn’t contain 3.7 ounces of steel, the maker has committed a felony. Ms. Dean’s bill would make it illegal to commit that felony.

If a plastic firearm doesn’t show up on airport x-ray, the maker has committed a felony. Ms. Dean’s bill would make it illegal to commit that felony.

To be sure of the latter, one could add barium sulfate to the plastic mix, but it really isn’t necessary. While this fact is apparently unknown to materials scientist Dean, doctors, nurses, veterinarians, parents, and anyone else who has had to deal with a child or pet who swallowed a plastic toy — heck, anyone who did a cursory web search of weird pictures — is well aware that…

Yes, plastic shows up in x-rays.

I don’t have the bill number, much less the text. I’ve asked Rep. Dean for that information. But I think it’s fair enough to take her at her own word.

Added: Here it is: H.R. 869: To modernize the Undetectable Firearms Act of 1988. No summary or text yet. 14 co-sponsors, including Jackson Lee and Swalwell; actually, it’s a regular list of the dimmest of Dems.

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Oregon Firearms Federation vs Oregon Ceasefire. Who is antisemitic?

A week or so ago one of our Zelman Partisans facebook readers sent me a copy of a letter from Oregon ceasefire, a victim disarmament group.

Today is Holocaust Remembrance Day, today I shall address the situation.

Letter from Oregon Ceasefire

 

 

 

 

 

 

 

 

I had seen an alert from Oregon’s Firearms Federation about the mask being off, but I hadn’t been aware of other very serious things that were going on with this gun rights organization. But after I read the letter from Oregon Ceasefire, my eyes were opened! It seems Oregon Firearms Federation is antisemitic according to Oregon Ceasefire! I am shocked an appalled. Antisemitism is one the rise everywhere, from Jews in Francistan that can no longer wear a Kippah in public safely to the US where two muslim women have been elected to congress. One of whom supports BDS and has made antisemitic tweets about “Israel hypnotizing the world” and the other has covered up the one Jewish state on her map with the name of a country created in 1964, same year as the Beatles by the way. Indeed, this charge of a Second Amendment rights group being antisemitic needed investigation! So, I did.

I wrote both groups, and asked what incident lead to such a charge?

I wrote Oregon Firearms Federation first. Please note, I’m not a reporter, I’m a columnist and so I have no guilt over telling them to keep up the good work.

Email to Oregon Firearms Federation

 

 

 

 

Within a minute after I wrote Oregon Ceasefire.

Letter to Oregon Ceasefire

 

 

 

 

It’s a few days later now, I’ve heard back from Oregon Firearms Federation(OFF), I have not heard back from Oregon Ceasefire.

It seems according to Oregon Firearms Federation the charge was prompted by a page that OFF had on their web site.

https://www.oregonfirearms.org/michael-z-cahana-memorial-page

Ah! Indeed the images are horrific. Horrible images of the Holocaust, please G-d may such a thing never happen again. A sane person would never want to see such images mar the pages of history. If you have a pipe freeze and break in your house due to a air leak that can reach a pipe (speaking from experience here) one would do their best to assure that such conditions will not re-occur by sealing the leak. They would not get a hammer and enlarge the hole. But then I’m me, and the hole got sealed. Oregon Ceasefire is not me. They choose to grab that hammer. It’s worth noting that when Oregon Firearms Federation emailed me back, they informed me that the page had been up for months, and apparently in an attempt to get their name back in the news, Oregon Ceasefire notified the media who promptly called the “experts” in their Rolodex that will recite what they want to hear. But please note that the Rabbi in question Michael Z Cahana has 180 degree different opinion on these matters than another Rabbi Kahane, who’s motto was “Every Jew a .22”. Rabbi Meir Kahane HY’’D הי״ד to be exact. So Rabbi Cahana in favor of defenseless victims, most certainly does not speak for us all.

But back to the matter at hand, one of the pieces of legislation, victim disarmament if you want to call it what it is, is SB0501 according to OFF.

80th OREGON LEGISLATIVE ASSEMBLY–2019 Regular Session

Senate Bill 501

Sponsored by Senator WAGNER, Representative SALINAS (at the request of Students for Change) (Presession filed.)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.

Requires person to secure permit before purchasing or otherwise receiving firearm. Specifies qualifications for permit and manner of applying for permit. Creates procedures for appealing denial of permit. Punishes receipt of firearm without valid permit by maximum of 364 days’ imprisonmen $6,250 fine, or both.

Requires person who owns or possesses firearm to secure firearm with trigger or cable lock or in locked container.

Punishes failure to secure firearm by maximum of 30 days’ imprisonment, $1,250 fine, or both.

Requires person who owns or possesses firearm to report to law enforcement agency loss or theft of firearm within 24 hours.

Punishes failure to report loss or theft by maximum of 30 days’ imprisonment, $1,250 fine, or both.

Prohibits possession of magazine with capacity to hold more than five rounds of ammunition.

Provides that person in possession of such magazine must sell or otherwise dispose of magazine within 180 days of effective date of Act. Punishes unlawful possession of magazine capable of holding more than five rounds by maximum of 364 days’ imprisonment, $6,250 fine, or both.

Requires criminal background check before transfer of ammunition. Restricts ammunition receipt to 20 rounds within 30-day period.

Prohibits transfer of firearm by gun dealer or private party until latter of 14 days or Department of State Police has determined that recipient is qualified to receive firearm.

Alrighty, now let’s take a look at some actual nazi (no, they still don’t get capital letters) gun laws.

Straight from the Book “Gun Control” Gateway to Tyranny. Let’s have a look-see, shall we? See if anything looks familiar. Remembering that the Gun Control Act of 1968 was based on nazi weapons control laws of 1938, Sen. Chris Dodd’s -D daddy Sen. Thomas Dodd -D had a copy of the nazi weapons laws that he had translated. It was on those laws that he based his gun control act.

So, Page 52

Page 52

 

 

 

 

 

 

 

 

And page 57. Please note sections 12, 13 and 14

Please note the sections

 

 

 

 

 

 

 

 

And last, page 81.

Page 81

 

 

 

 

 

 

As Aaron points out in the book, these gun control laws are immoral. Because they treat the law abiding citizen in this manner as a reaction to acts committed by criminals. Torah absolutely supports self-defense. Too many blather “Thou shalt not kill”. NO, and more no. It says “Thou shalt not MURDER”. Not the same thing.

So the virtue signaling Oregon Ceasefire chooses to ignore (or never learned) history. Let’s do a brief recap shall we?

How the Nazis Used Gun Control

In 1931, Weimar authorities discovered plans for a Nazi takeover in which Jews would be denied food and persons refusing to surrender their guns within 24 hours would be executed. They were written by Werner Best, a future Gestapo official. In reaction to such threats, the government authorized the registration of all firearms and the confiscation thereof, if required for “public safety.” The interior minister warned that the records must not fall into the hands of any extremist group.

In 1933, the ultimate extremist group, led by Adolf Hitler, seized power and used the records to identify, disarm, and attack political opponents and Jews. Constitutional rights were suspended, and mass searches for and seizures of guns and dissident publications ensued. Police revoked gun licenses of Social Democrats and others who were not “politically reliable.”

During the five years of repression that followed, society was “cleansed” by the National Socialist regime. Undesirables were placed in camps where labor made them “free,” and normal rights of citizenship were taken from Jews. The Gestapo banned independent gun clubs and arrested their leaders. Gestapo counsel Werner Best issued a directive to the police forbidding issuance of firearm permits to Jews.

Disarmament of the German Jews

Hitler and Gun Control

On October 4, 1938, Nazi police arrested one Alfred Flatow in Berlin. His crime: being a Jew in lawful possession of a firearm. Lawful because he had dutifully registered his guns in January 1932, complying with the pre-Hitler anti-firearm decrees of the Weimar Republic. The arresting police were probably unaware that Flatow won Gold and Silver medals for Germany in the 1896 Olympics. He had also served in the German army in the 1890s.

….

The Nazis also moved to control others who possessed weapons. Despite protests, the government banned all voluntary “shooting clubs” (Schuetzenvereine) in Germany. These clubs were popular forms of recreation across the nation, and many club leaders opposed the ban and even expressed objections to the Nazi government. As Hitler was rapidly centralizing and broadening his powers, he dissolved all local and independent shooting and sports clubs on May 10, 1933. Two weeks later, he created the Nazi-controlled German Shooting Sport Association (Deutscher Schiesssportverband), which became another mouthpiece for the Nazi government and, with war on the horizon, a source of males already trained in marksmanship.

So many of the laws advocated by Oregon Ceasefire have been implemented. What did that lead to?

I’ll let the witnesses tell you themselves.

First up, Eta Wrobel, a truly amazing woman. She wasn’t doing dishes either, or cleaning the camp. Eta was a modern day Devorah, leading battles.

Next we have Sonia Orbach.

What does Sonia have to say about this?

Why oh why does it have to get to the point you need two hand grenades? Why can’t tyrants just fear to attack citizens? Why would a woman even think like this?

Oh, that’s why.

These are far from the only two female partisans. There is a little film clip on some of them.

I understand that part of the reason Oregon Ceasefire reached out to Der Stürmer, the media was because they are losing relevance since Michael Bloomberg began shoveling money into Mad Mommies, his favorite astro-turf group. So, if all guns are evil and people will be safer if they are all banned he will no doubt be glad when that happy day comes right? Um, no. Seems Bloomberg is a elitist hypocrite.

Alumnus, major donor Michael Bloomberg wants private, armed police force patrolling Johns Hopkins University

“When you have a city that has the murder rate that Baltimore has, I think it’s ridiculous to think that they shouldn’t be armed,” Bloomberg said of the Hopkins security force.

….

A group of Hopkins students called Students Against Private Police expressed dissatisfaction with Bloomberg’s remarks. In a statement, the group said Bloomberg’s support for a private, armed police force is at odds with his other work to promote gun control

Just an FYI: The Bloomberg School of Public Health is located at John Hopkins. There moulders the academic wing of Bloomberg’s Center for Gun Policy and Research, anti-self defense, of course.

I’m actually shocked, I mean Baltimore has a Demoncrat Mayor a very strict gun control as it is. Why on earth is Bloomberg worried about high crime?

Michael Bloomberg, to quote Aaron Zelman, is a “Bagel brain”.

So, in conclusion. Is Oregon Firearms Federation antisemitic? No. They oppose laws that enabled the brutality of the Holocaust, and if you’ve forgotten just how brutal it was, or never learned, that page reminds you. A post on my Zehut list mentioned a poll conducted by Schoen Consulting found that 11% of all US adults and 22% of millennials haven’t ever heard of the Holocaust. Perhaps Oregon Ceasefire is one of them.

Is Oregon Ceasefire Antisemitic? I think so. If you can compare what they are advocating with what nazi Germany had for gun laws and the persist in doing so, I would say yes they are. I believe as you look at the rise of antisemitism world wide it’s imperative that Jews learn to shoot and be ready to do so.

To that end I reached out to one of my favorite groups, Cherev Gidon. In the wake of the Pittsburgh Synagogue attack they came on my radar. I asked a simple question, Why do you do what you do? Why are you teaching Jews and others to shoot and how to defend themselves?

Yonatan, director and founder was kind enough to answer me.

Cherev Gidon Israeli Tactical Training Academy exists for the purpose of training American Jews with Israeli combat shooting skills, so that every American Jewish community will be well armed and professionally trained with the ability to mount an effective defense against any violent attack on any Jewish community (as we saw in Pittsburgh). Our goal is to have each and every American Jew carrying a firearm with them to synagogue (and everywhere they go), so that never again will any Jew fall victim to antisemitic violence. Thankfully, our program has become incredibly popular recently, and we are actively achieving our goal of making those communities hard targets. We are currently expanding to different regions and communities across the US as a result of the unprecedented demand and we hope to be able to make our training programs easily accessible to all Jews, no matter what part of the country they live in.

And do you know what? This

beats this

Wedding rings

 

 

 

 

 

 

 

Every day of the week and twice on Shabbat. When I wrote OFF back and thanked them for answering me, I made a comment.

Aaron

 

 

I like that.

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Baker Act vs. ERPO

There’s a fad for “red flag” extreme risk protective orders that makes the pet rock craze look rational. Even the Vichy NRA backs this supposed tool to keep guns away from “dangerous” people.

Except when they claim they don’t. Oh no, says the VNRA, we only back ERPOs with “due process.” Except when they don’t.

Why the demand for ERPOs, with their intended lack of due process? If the goal is to prevent a potentially dangerous person from harming himself or others, one could implement a Florida-style Baker Act.

The Baker Act allows an adult to be involuntarily held for mental health evaluation for up to 72 hours (12 hours for a minor). The 72 hour limit conforms to the usual 72 hour maximum that criminal suspects may be held without charges.

Neither a 72 hour questioning period nor a 72 hour mental health evaluation result in a permanent or semi-permanent loss of Second Amendment human/civil rights. In either case, a loss or suspension of rights would come only after a due process hearing (indictment or involuntary committal), resulting from the outcome of the questioning or evaluation.

It is noteworthy that victim disarmament advocates, and the VNRA, do not see any need for due process before rights are violated. In fact, typical “red flag” laws do not require that the allegedly dangerous person be taken into custody at all (the VNRA suggests this as an option available to a judge in an ex parte proceeding). The target is merely one class of weapons, not the person allegedly in need of help.

One class of weapons: firearms. Not baseball bats, knives, nor even motor vehicles, which in 2016 were implicated in almost 2,000 more deaths than firearms, even though estimates of the number of motor vehicles is 138,360,614 less than the number of firearms in America. ERPOs take firearms useful for defense, but not statistically more deadly automobiles. Not even the driver’s license.

Does that sound like something meant to ensure safety?

Another difference between a Baker Act hold (or hold for questioning) and “red flag” laws is that a person held for evaluation or questioning is allowed representation and communication. The subject of a “red flag” order never has the chance for either, because the first he knws about the order is when the police show up to seize his property, or kill him. And where is the due process for someone whose firearms are taken, because someone else was subject to a “red flag” order?

Further, standard “red flag” law language imposes a long-term loss of 2A rights even if the person is never found to require treatment, nor accused of an actual crime. Typically, the accused may petition for restoral of rights after a set period. In contrast, a criminal suspect released from custody without charge retains all of the rights he enjoyed prior to questioning.

“Red flag” extreme risk protective orders protect no one. Not the accused, not anyone else whom he allegedly might harm.

ERPOs are designed from the ground up to violate the rights of gun owners without pesky things like hearings or trial. ERPOs are legislatively and judicially blessed SWATting, no guilt required.

So why does the VNRA support “red flag” ERPOs, with ex parte proceedings instead of a simple Baker Act-style law in which no one loses their constitutionally-protected rights until adjudication has occurred?

 

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Where Does Evil Live?

I had an interesting discussion with a girlfriend of mine the other day. I made the statement I thought someone was evil. She disagreed and said she didn’t think people were evil, some just made bad choices, even appalling choices. But people weren’t evil.

Yeah, I think they are. I watched a show the other night that talked about Nellie May Madison. Born in 1895, Nellie was an interesting lady. Raised on a ranch in Montana she learned to shoot, ride and survive in the wild from a young age. She was also the first woman in California sentenced to death for the murder of her husband. Nellie’s first set of lawyers did her no favors, and she got a judge determined to make an example of her. Luckily for her, she had a lawyer as one of her ex-husbands and he persuaded her to get a different lawyer and appeal. When the legendary Aggie Underwood got involved her sentence was commuted and eventually she was paroled. So why did she kill her husband (other than some people just need killing)? She could have been one of the first #MeToo people as well as the first woman on death row. Her husband had a nasty tendency to marry women, then abuse them, pick up teenage hookers, force his wives to write letters that they had been unfaithful because back then that was a sure way to win in court and then beat them. When Nellie held a gun on him and told him to give the letter back, he pulled a box of knives out from under the bed, told her he’d cut her heart out and flung a couple of the knives at her. He missed. She didn’t. But he had seemed so charming when she met him. Snappy dresser, nice car and treated her well. Pretty much the same thing his first wife said. He was really nice, till he wasn’t.

There are a lot of documentaries and crime shows with the topic of people that seemed to be kind, compassionate wonderful people. And how shocked people were when the found out that John Wayne Gacy , Bob Berdella, Samuel Little and the very charming Ted Bundy killed people. Stories of how people had been taken in by someone that seemed wonderful only to lose family members to them, or to be hauled into the police station to see when they knew about the neighborhood rapes, murders, thefts, whatever. These people didn’t see the traits, if they saw them they didn’t recognize what they were and if the did see the signs and suspect they tamped down their uneasiness and stifled their fears. And sometimes they had fears of their own and were unable to do anything useful, such as calling police, due to those.

FBI murder statistics 2017

 

 

 

 

 

So, when I think of evil, I think of someone who takes pleasure in hurting others in some form or fashion. I think of someone who has no empathy for others, and only sees people as someone who will help them get what they want, or is preventing or standing in the way of them getting something they want. Which is part of what got me to thinking about psychopaths. There are differences between psychopaths and sociopaths.

And if you’re really curious, this video explains a lot.

It’s frightening to realize that even if you get away from a psychopath they can have had a very detrimental effect on your life, your bank account, your friendships, your job.

Again, victims usually do not understand what is occurring until it is too late. The psychopath may have already launched smear campaigns, taken unfounded legal action, and manipulated those the victim cares about, simply for sport. Once the victims begin sharing their stories with others, the people to whom they tell these stories, often cannot believe what they are hearing. It is common for others to be in disbelief, either because they perceive the victim as an unlikely candidate for targeting or abuse, or because the stories can seem so inherently unlikely that it may be difficult, at first, to believe they are true.

Because they are very convincing, and excellent at lying. The psychopath doesn’t really have a conscience, while the sociopath does, but it’s small and ineffective.

Why are the always usually successful? Because they are really, really good at picking their victims.

The sad thing is, most of us have traits that make us susceptible. Things like compassion, extroverted or introverted, sensitivity to the feelings of others, “go with the flow” attitude, competitive or sentimentality are all traits that can be exploited by someone with “antisocial personality disorder”, the comprehensive phrase for both psychopath and sociopath.

Several of the sites I did some reading on advise trusting your instincts, but sadly a lot can happen before the warning bell goes off it seems.

But what really got me to thinking about this, is a couple of the stories I’ve put up on social media for The Zelman Partisans recently about how the grabby giffords crew and the elitist Michael Bloomberg have been pushing the “red flag” laws, extreme order of protection in different states. They confiscate first and ask questions later. If you’re still alive after the confiscation. Maryland Red Flag Gun Confiscation Order Ends with Dead Gun Owner.

While some of those with “antisocial personality disorder” may not be violent, some obviously are. And now the criminal protection bunch have made it even easier. They don’t need to disarm the victims themselves, they just make a phone call and the law will do it for them.

You know, I believe I’m in favor of a law allowing civil lawsuits against the sponsor of such legislation when they result in a death. Like waiting periods cost Carol Browne her life because the restraining order only made her a target. So yes, I think we need legislation that when a civilian disarming law is passed, that those harmed by it are allowed to sue the sponsor and co-sponsor of such legislation. I realize it’s probably a pipe dream, but hey! If it saves just one life.

 

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Duty? What Duty?

As a child growing up, most of the TV shows tended to portray law enforcement as heroes. They always got there in the nick of time, and if they were called in after the unfortunate event happened? They always knew what to do about that as well. They could do a dandy chalk outline of the corpse and then find out who made that happen to the unfortunate victim. And the really superior thing about law-enforcement back then is they could always make it happen in an hour. Minus the time for commercials of course. That’s not like the modern day shows that have running story lines. Like soap operas did when I was growing up. This is back before the day of “Cops as the bad guys”. Oh of course there have always been bad cops, it’s just they weren’t really so much a part of the TV land experience back then. We were taught to respect them, and if we were in trouble, look for a cop. TV shows where the guys stealing cars were the good guys didn’t happen. Nor was there near the amount of realism that you see in shows today.

Hospitals probably weren’t target rich environments back then, aka “gun-free zones”. But to be honest, I doubt that many people carried while at work either. It’s just that now the signs make it clear unless the crew of “Third Watch” happens to be in the ER waiting room they can pretty much be assured everyone will be doing what the medical staff was doing. Ducking, hiding, running, praying. Because throwing chairs, rocks and baseball bats don’t look to be a viable option to me there. No one is going to be firing back at them.

So if the crew of “Third Watch” happens to be in the ER waiting room, and 1-Adam12 has been dispatched to assist in response to Cruz’s call in for back up, how long will it take for Malloy and Reed to arrive on the scene?

Average-Police-Response-Time to a 911 call?

“I would just call 911 for help.” There’s this false sense of security that we have created with the 911 system that has people believing that with a single call, a swat team will be dispatched immediately to save you and your family within moments of the call.

Unfortunately, this couldn’t be further from the truth. So what is the average-police-response-time to a 911 call?

According to American Police Beat, the average response time for an emergency call is 10 minutes. Atlanta has the worst response time with 11 to 12 minutes and Nashville comes in at a lightning speed of 9 minutes.

The Department of Justice, with their statistical prowess, reports that the best response time is 4 minutes and the worst over 1 hour. Interpretation? If you live in an upper income area you probably are privy to the 4 minute response time, while middle to rural areas will see a much longer response time.

Now here is where things get interesting. Even though the Department of Justice determined that the average police response time to a 911 call is 4 minutes, the average interaction time between a criminal and his victim is 90 seconds.

That translates to you being robbed/injured/maimed/raped/murdered and waiting for an additional 2 and a half minutes for the police to arrive. The truth of the matter is that the police will almost always arrive AFTER the crime has happened and the criminal has gone.

In rural areas the time can be even longer. A lot longer. Think 30 minutes, maybe more. It’s not that they are hanging out at donut shops, or trying to get someone at Taco Smell to take their order, there is a lot that goes into 9-1-1 calls, and a lot of calls can go into 9-1-1. The lady with the cat in the tree may have got a call in seconds before you were calling in about the guy fixin to come in through your back door.

Actually, school shootings seem to have an even worse set of numbers. Quicker Response to Active Shooters

There are four possible ways to mitigate the damage inflicted by an active shooter. You can harden the target, arm and train potential victims, strengthen prevention programs and suspect identification, and improve law enforcement response times. Each one of these steps is easier said than done because of the associated bureaucratic, political, and budgetary considerations.

Department of Homeland Security research reveals that the average duration of an active shooter incident at a school is 12.5 minutes. In contrast, the average response time for law enforcement is 18 minutes. That means it only makes sense for us to find ways to improve our response times. Working on our response times is about the only anti-active shooter measure that we can take at the operator level. We must find a way to shave off some time and in doing so, create some type of tactical advantage.

A little discouraging that political weighs into the mix making it harder. But when you consider two Buckets O’Chum in Florida were part of Barry’s social engineering project where by kids got a pass on criminal behavior to make statistics look better and law-enforcement agencies got money in return, I guess it’s the truth. Both of them had criminal actions in their backgrounds. Were they in jail? Juvenile court? Detention? Nope.

And law enforcement is trying to find creative ways to decrease the response time, coming up with an app they designed for cell phones. Embracing Technology to Decrease Law Enforcement Response Time.

But you know what the bottom line on all of this is? They don’t gotta. What do I mean? They police do not have a duty to protect you, yours, your kith or your kin. Or Barbie either for that matter. I know, I know that’s what it says on the side of the Police cars, “To Serve and Protect”. Look, everyone needs a goal, a mission statement if you will. So think of it like that, it’s a goal, it’s their mission. Mine is to lose 7 pounds. They have equal chances of succeeding. They can’t be everywhere at once and fried okra still exists in the world.

This has become an issue again the wake of the actions of the law enforcement of Coward County Florida. Scot Petersen, not the Scott Peterson who murdered his pregnant wife, he’s still on death row, but the deputy who cowered outside as a Bucket O’Chum shot students in a Parkland school after security monitor Andrew Medina failed to confront O’Chum when he saw him or call a “Code Red” in the school. So, because Parkland is a safe gun-free zone and had the crack Coward law-enforcement on hand you have a massive #GunControlFail.

It should be no surprise some of the parents sued.

A judge has rejected a deputy’s claim that he had no duty to confront the gunman during the school shooting in Parkland, Florida.

Refusing to dismiss a lawsuit filed by the parent of a victim, Broward Circuit Judge Patti Englander Henning found after a hearing Wednesday that ex-deputy Scot Peterson did have a duty to protect those inside the school where 17 people died and 17 were wounded on Feb. 14. Video and other evidence shows Peterson, the only armed officer at the school, remained outside while shots rang out.

The negligence lawsuit was filed by Andrew Pollack, whose daughter Meadow was killed. He said it made no sense for Peterson’s attorneys to argue that a sworn law enforcement officer with a badge and a gun had no requirement to go inside.

“Then what is he doing there?” Pollack said after the ruling. “He had a duty. I’m not going to let this go. My daughter, her death is not going to be in vain.”

That lasted a week. Cops and schools had no duty to shield students in Parkland shooting, says judge who tossed lawsuit

Bloom ruled that the two agencies had no constitutional duty to protect students who were not in custody.

“The claim arises from the actions of [shooter Nikolas] Cruz, a third party, and not a state actor,” she wrote in a ruling Dec. 12. “Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz.

“As previously stated, for such a duty to exist on the part of defendants, plaintiffs would have to be considered to be in custody” — for example, as prisoners or patients of a mental hospital, she wrote.

But this isn’t the first time such a case has come up. In an excellent book on Missouri Weapons and Self-Defense law the author talks about Warren vs. District of Columbia. This was such a horrible case it always stuck with me.

Police are not the only ones shielded from the consequences of the failure to protect. Another truly horrific case is that of DeShaney v. Winnebago County. That was a spectacular failure of a ‘child protection team,’ consisting of a pediatrician, a psychologist, a police detective, the county’s lawyer, several DSS caseworkers, and various hospital personnel, and the juvenile court. They returned a badly abused child to his custodial father. The father did not meet the requirements in the following year and the child protective services did______________nada, zip, zilch, zero, squat. Eventually the poor little four year old boy was beaten so badly he wound up in a institution for the rest of his life. His dad served less than 2 years in jail. And the child protection team? The department of social services that did nothing on their follow up visits? Nothing, nothing happened to any of them when the child’s mother attempted to sue. I’m thinking the court that awarded custody to the dad should be included in the list of shame there as well.

And what say the anti-gun, anti-self defense pink hatted faux feminists? Don’t get a gun, just go through the legal system. Get a restraining order and then sic the cops on him. And Town of Castle Rock v. Gonzales will show you that works as well as the law enforcement team of Coward County. That resulted in 3 dead little girls at the hand of their loving father. The mother had begged police to go find the girls. Her ex walked right through the paper target.

The Mises Institute points out in terms of our money, it may or not, be a good investment of our dollars.

This reality does belie the often-made claim, however, that police agencies deserve the tax money and obedience of local citizens because the agencies “keep us safe.”

Nevertheless, we are told there is an agreement here — a “social contract” — between government agencies and the taxpayers and citizens.

And, by the very nature of being a contract, we are meant to believe this is a two-way street. The taxpayers are required to submit to a government monopoly on force, and to pay these agencies taxes.

In return, these government agents will provide services. In the case of police agencies, these services are summed up by the phrase “to protect and serve” — a motto that has in recent decades been adopted by numerous police agencies.

But what happens when those police agencies don’t protect and serve? That is, what happens when one party in this alleged social contract doesn’t keep up its end of the bargain.

The answer is: very little.

The Mises Institute also makes another excellent point.

The taxpayers will still have to pay their taxes and submit to police agencies as lawful authority. If the agencies or individual agents are forced to pay as a result of lawsuits, it’s the taxpayers who will pay for that too.

Oh sure, the senior leadership positions may change, but the enormous agency budgets will remain, the government agents themselves will continue to collect generous salaries and pensions, and no government will surrender its monopoly on the use of force.

No government will surrender it’s monopoly on power? Well what I ask, could go wrong with that??

Venezuelans regret gun ban, ‘a declaration of war against an unarmed population’

“Guns would have served as a vital pillar to remaining a free people, or at least able to put up a fight,” Javier Vanegas, 28, a Venezuelan teacher of English now exiled in Ecuador, told Fox News. “The government security forces, at the beginning of this debacle, knew they had no real opposition to their force. Once things were this bad, it was a clear declaration of war against an unarmed population.”

Under the direction of then-President Hugo Chavez, the Venezuelan National Assembly in 2012 enacted the “Control of Arms, Munitions and Disarmament Law,” with the explicit aim to “disarm all citizens.” The law took effect in 2013, with only minimal pushback from some pro-democracy opposition figures, banned the legal commercial sale of guns and munitions to all – except government entities.

Dang, huh? I hope Bosco will be ok though.

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Florida cops get “Stand Your Ground,” too

The Florida Supreme Court has ruled that “Stand Your Ground” (SYG) self-defense protections extend to police officers, as well as civilians. I’m going to make two points about this.

1. DUH!

Police officers are persons, too. Of course they’re entitled to the same rights as any other person. That’s a no-brainer.

2. This police shooting was not a SYG situation.

SYG — despite common mischaracterizations in the anti-rights media — is not a “shoot first any time you panic” defense. All it does is two things.

The first: If you are in a situation in which you would otherwise be allowed to use defensive force, you don’t have to try to outrun the bad guy — or his speeding bullets — before defending yourself.

The second: By invoking SYG, the defender no longer has to prove his innocence. It becomes up to the prosecution to prove his guilt. For those who slept through history and government classes, the latter assumption of innocence unless proven guilty is how every other “criminal” case works. It’s embedded in the American legal system, and hearkens all the way back to English common law which is the original basis of American law.

So why do I say this wasn’t SYG?

Deputy Peter Peraza claimed he was defending himself against Jermaine McBean. McBean had a rifle across his shoulders, which Peraza claimed McBean lowered from his shoulders and aimed at him, and McBean ignored orders to drop it. He specifically claimed that there was no reason for McBean to not hear the instructions.

The facts and witnesses say otherwise.

The “rifle” was an unloaded air gun. 911 callers merely said the person was carrying it, not brandishing. At least one witness to the shooting stated that the air gun remained across McBean’s shoulders and that he never pointed it at the officer.

The claim that McBean should have been able to hear instructions — and therefore he willfully ignored them — came into question. Police noted that McBean was not wearing the earbuds which were tucked into his pocket.

And then crime scene photos came out. Immediately after the shooting, pictures show the earbuds still in the deceased’s ears. His family said he was in the habit of listening to music as he walked. But somehow, the dead man managed to remove his earbuds and place them in his pocket, conveniently supporting the officer’s version of events.

Other officers also gave conflicting and contradictory accounts of the incident. The original judge who dismissed charges simply declared the police conflicting statements were due to a difference of perspective, but the civilian just wasn’t credible.

Apparently neither were the photographs showing that someone tampered with evidence to support the police shooting. If you have to lie about why you shot, and tamper with evidence to support the lie, the shooting was probably not good.

Stand Your Ground applies to valid self defense. This wasn’t that.

 

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Law and Order: Western Society under Siege Part IV

Experiences living in California’s Bay Area, as a public high school teacher later for more than two decades in the Midwest, and now witnessing what is transpiring in the body politc convinces me the Left will stoop to any fabrication, dirty trick, smear, and hypocritical double standard to advance their agenda regardless of who is destroyed. Their strategy requires identifying certain groups to be targeted and demonized. Nothing unifies people like a bogeyman. Trashed and bashed by pop-culture for years, Christians have long served as a Leftist fave. They afford ready-made props useful in riling up the ignorant, the superstitious and conspiracy addled, bitter middle-aged feminists, malcontents perpetually angry and bitter about their lives, radical nihilists, anyone with an axe to grind, and those who despise G-d’s natural order galvanizing them in support of various faux crusades. All too often these intellectual lumpen have no idea they are pawns advancing a greater political cause and destined not to sup at victory’s banquet table. Now Police officers have become the current sacrificial lamb offered up to the eye of the hoi polloi storm.

Unlike war, wherein soldiers typically face death only on the battlefield, men and women donning the uniform of a police officer step onto the battlefield every day they go to work. The enemy doesn’t wear uniforms and they have access to weapons, vehicles, supplies, and technology. They live in plain sight, undetected, on the battlefield be it urban, suburban or rural and always outnumber the good guys. Police officers don’t fight enemies in a foreign land but here, at home. Enemy soldiers can locate their residences attacking them and their families where they live, a la Mexico. Unlike portrayals on the silver screen, most work in single officer squad cars. Backup may be minutes or hours away or nonexistent. Instead of facing the enemy as part of a unit, they typically face the enemy alone. Instead of decompressing back at base camp with fellow soldiers before rotating back to the U.S., police officers go home to families who can’t possibly understand the distant gaze in the eyes of men and women who see and face too much death and suffering. Police officers can only engage the enemy after he has fired on them first. When executing search and arrest warrants on known violent murderers, officers can only use deadly force if they are first attacked by the enemy. The level of stress they face is manifested through unusually high rates of depression, alcohol abuse, divorce, and suicide. Citizenry seemed unconcerned with the fact that there are hundreds of thousands of hardened violent criminals lose on the streets and millions more in prison. If united, they would form an unstoppable army of rage, murder, rape, and destruction. This is why police officers are called the “Thin Blue Line,” a tiny army standing between humanity and the most blood-thirsty murderous army ever assembled. Who has their back? Lieutenants and captains whose only interest is climbing the promotional ladder? Police Chiefs who view their job as a public relations experience ready and willing to throw anyone under the bus who threatens their reputation or political aspirations? Or citizens who don’t want to see cops in their rear view mirrors when speeding but are furious they aren’t guarding their homes 24/7 from burglars? Although putting their lives on the line to protect them, the liberal Jihad has singled out police officers as props to promote their political agenda. This they do by promoting a false narrative that cops are the point of the white man’s spear in a war of genocide against the black race.

An agenda takes shape when one recognizes for Black Lives Matter (BLM) and their Leftist allies, the only blacks who “qualify” as victims of shootings are those killed by cops or whites. The enormously larger number of black homicide victims in “Chiraq” (gang slang for Chicago), 677 from January to March (2016) alone, consisted of black on black murder but BLM, the New Black Panthers, and the white liberal media refuse to recognize or address who is doing the killing.1 Over its Fourth of July, Chicago experienced 11 people gunned down and another 50 wounded in one weekend. Many of the black children were what Millennials refer to as “collateral damage.” BLM’s website declares it’s working to create a world where blacks are no longer targeted for “demise” by whites and the police but, they make no mention of the epidemic of black on black violent crime and the blacks who have targeted each other for demise. Memphis, Tennessee, for example, is so bad that “98 percent of Tennessee’s other communities have a lower crime rate. In 2015, 74.5 percent of Memphis’ homicide victims were black and 68.3 percent were under the age of thirty-five” along with 435 children who were “shot at.” What have liberals, including the New York Times and BLM, said about the crisis in Memphis? Nothing. Not even a word that, in 2015, all 145 black murder victims were killed by other blacks.2

The New York Times, president Obama, and other liberals blamed the shooting of Michael Brown, (Ferguson, Missouri), on the racism of the city’s mostly white police force signaling to protestors they should express themselves which they did through looting, rioting, and assaults.3 As the size and threat of the roiling violent mob mushroomed out of control in Ferguson, the mayor pleaded with Missouri Governor, liberal Democrat Jay Nixon, to send the State Police and National (sic) Guard. But Nixon fiddled while this proverbial Rome burned.4 BLM, Obama, and the Liberal Media used Michael Brown to “prove” racism was endemic to white police officers but where were they and the New York Times when 9-year old Jamyla Brown was shot doing homework in her Ferguson, Missouri home? There were protests but they were in nearby St. Louis following the police shooting of eighteen year-old Mansur Ball-Bey during a drug raid (19 August 2015). The gun Bey pulled on police was stolen and officers retrieved 3 more guns and a quantity of crack cocaine in his possession. Demonstrators, the blind, the gullible, shrieking moms, and those seething with rage and racial hatred pushed the notion of police as the tip of the white race’s war of extinction against the black race. Soon rocks, bricks, and bottles filled the air, cars were set fire, buildings trashed, looted, and burned, and police, trying to save lives and restore order, were assaulted as well.5 In each riot, Ferguson and St. Louis, (and later, Baltimore) the police were prevented by government officials (liberal Democrats) from doing their job. White residents caught at the epicenter of these riots and found themselves targeted for assault by virtue of their skin color, and dialed 911, were told they were on their own. And yet the liberal media refused to call this violent savagery a riot instead employing the gonadophobic politically correct term “unrest.”6 I was a public high school teacher at the time and a liberal teacher (but, I repeat myself) chastised me for using the terms “riot” and “looters,” because they are “racist.” I asked, if he and other liberals automatically assumed “riot” and “looter” applied to blacks, who was being racist? And, if many if not most rioters and looters turn out to be one race or another, what benefit is there in lying about this? He said it didn’t matter. Those terms were forbidden. Does not this craven supine approach to addressing violent crime by the Left signal to criminals that, whatever they do, theft, burglary, rape, and violent rampages, it will be rationalized away and excused as long as committed by minorities? What justice then is promised to victims? Why does it seem as if the political leaders and media personalities most hair-pulling furious about racism in America are also the most lily white? Caucasians so white they’d disappear if they fell into a snowbank? These are the liberal whites whose income precludes contact with people of a darker hue unless staying in a hotel or ordering a meal. Isn’t that called “projection?”

Under no circumstances can Liberals admit the truth about race and crime. To do so would undermine what they are teaching America’s young in public schools, reinforced through their party propaganda organs, the liberal media, that blacks are numinous victims and whites, perennial oppressors. If white children grow up guilt ridden enough to accept this view, they will vote to purge their shame by supporting the Left’s political and social remedies…socialism and the end of individual liberty in America. Whipping up racial conflict advances the Left’s agenda. For example, the liberal New York Times trumpeted the ‘police war on blacks’ narrative declaring “the killing of young black men by police is a common feature of African-American life and a source of dread for black parents from coast to coast.” The Times also published a statistic from a 2014 study claiming “Black males are 21 times more likely to be shot dead by police than are young white males.” This is a lie. Killing of blacks by police is “rare” but black on black murder is commonplace. Even the Washington Post, marching orders for liberals, conceded of the 258 blacks shot and killed by police in 2015, most were committing serious assaults against the officer! In 2014, 6,095 blacks were victims of homicide, almost all killed by other blacks. Even if police shootings were eliminated, the impact on this statistic would be negligible. In reality, blacks “are responsible for a death rate ten times that of whites in urban areas.” Young black men commit homicides at a rate nearly ten times that of whites and Hispanics, combined. This “astronomically high homicide commission rate means that police officers are going to be sent to fight crime disproportionately in black neighborhoods, where they will more likely encounter armed shooting suspects.” And they will be shooting at the cops.7

Does it not make sense? Most crime, especially violent crime, occurs in black not Asian neighborhoods so, where should meager police resources be directed? To keep an eye on Japanese people? Armed “exchanges” between bad guys and cops will most often occur in high-crime neighborhoods, which means black neighborhoods because that’s where the armed bad guys live and “work.” In the study cited for its hit-piece, The New York Times’ “study” ignored this reality and that the study actually revealed 62 percent of those shot by police “were resisting arrest or assaulting a police officer” as was Michael Brown. Yet the New York Times insisted in claiming “many police officers see black males as expendable figures on the urban landscape, not quite human beings.”8 Perhaps blinded by a political bias that oozes from its pages, the Times has it backward. The cops are trying to halt the epidemic of violence in black neighborhoods. It’s the thugs and hoodlums, gunning down each other, moms, dads, and their kids who view each other as expendable.

Chicago’s nightmare of young black males gunning down each other has been visited upon other cities. Cleveland, Ohio, is a majority black city in which “more than ninety-one percent of the other communities have a lower crime rate than Cleveland.” Oakland, California, ranked by Forbes as the 3rd most dangerous city in America, is majority-black and 99 percent of other cities in the state have lower violent crime rates. Baltimore, my old stomping ground, is also majority-black and has set records for homicides the past several years. Like other black majority cities, its Mayor, Chief of Police, City Council, and Board of Education are black yet the “Black Press,” and the National Association of Black Journalists racializes each shooting between black males and white cops. Even violent black criminals, who prey on their communities, are portrayed as victims. These hyper-racial stories generate “high web traffic which translates into job security” for black journalists. But black on black violence generates little interest in the black community including social media. Perhaps because it was struggling financially, Ebony, a black magazine, commenced a “Save Our Boys’ campaign as if blacks are being slaughtered.” Apparently blacks comprise Twitter’s largest demographic and they employ hash-tags “to make black topics go viral” creating in the process “martyrs of the movement and construct racial grievances.” Through Black Twitter, activists can quickly mobilize protests, backlashes, boycotts, and flash mobs. Movie producer Spike Lee used it to publish what he thought was George Zimmerman’s (Trayvon Martin case) address. It wasn’t and the people living there were under grave threat. Yet none of the outrage in the black community, legitimate or manufactured, address the problem that less than six-percent of America’s population, who are black, commit most of its murders and its victims are black.9

In order to indoctrinate, mold, and shape future voters to accept their vision of a world in which the will of the individual must be bent to the volition of the state, the Left must instill guilt for all racial crimes, past and present, into white children. These children, as young adults, must make restitution for the sins of the white race against all peoples of color by supporting the Left’s massive socialist agenda. They must look the other way with respect to black crime, blame victims not the bad guys, and not criticize the hate fest leading to the ambush and murder of the very police officers protecting their young liberal upper middleclass white lives.

11 Taleeb Starkes, Black Lies Matter: Why Lies Matter to the Race Grievance Industry (North Charleston, South Carolina, Createspace Independent Publishing Platform, 2016), 52-57.

22 IBID. 62-64.

33 Heather McDonald, The War On Cops (New York, N.Y., Encounter Books, 2016), 8-9.

44 David Carson, “Ferguson Mayor Asks Where National (sic) Guard Was,” Gov. Nixon Pledges More,” November 20, 2014, St. Louis Post Dispatch, at http://www.stltoday.com/news/local/crime-and-courts/ferguson-mayor-asks-where-national-guard-was-gov-nixon-pledges/article343a2224-Ad61-54fb-b5ac99957F7.amp.html.

55 Starkes, 66-67.

66 McDonald 11.

77 IBID. 17.

88 IBID. 17-18.

99 Starkes, 68-73.

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