Tag Archives: gun ban

Arbitrary And Capricious, authoritarian swine, gun control, Law, You can't fix stupid

Details Matter: Okeechobee Emergency Gun Ban

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Regulars readers probably already know about this. Prior to Hurricane Helene, Okeechobee Police Chief Donald Hagan declared an emergency and banned the sale of firearms and ammunition, and the public carry of firearms by non-law enforcement.

Since Florida has state preemption of firearms regulation, sane people found this… problematical.

Now the chief and town are scrambling to cover their posteriors. That little error could cost those involved $5,000 apiece, and not out of taxpayers’ pockets.

Fumero’s boss, Okeechobee Mayor Dowling R. Watford, Jr. and police spokesman Detective Jarret Romanello, gave numerous interviews to local media claiming city officials were reviewing the entire incident to determine how the “mistake” occurred.

As it happens, I can help them with that.

The chief’s declaration cited Florida Statute 870.044:

Automatic emergency measures.—Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction:
(1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description.
(2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description.
(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.

He took the ban language straight from that statute. And if that’s all you look at, you might think — as the idiot obviously did — that 870.044 gave him that authority. A declared emergency, right?

But he missed that little “pursuant to s. 870.043”. Sure, there was a weather related emergency; but what sort of emergency does 870.043 cover?

Declaration of emergency.—Whenever the sheriff or designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction or any part or parts thereof.

Riots, civil disorder, mass violence. Nothing in there about tropical cyclones. Oopsie, chief.

Read the fine print. All of it.

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authoritarian swine, Constitution, gun control, Law, SCOTUS, self defense

Remember Grisham’s Excuse For Her NM Gun Ban?

Here’s an update on NM Dictator Grisham’s unconstitutional order banning public possession of firearms.

Recall that she cited three cases of children killed with guns as her excuse for raping the US and state constitutions. Two cases definitely were committed by people in unlawful possession of firearms, which made it unlikely that the perps would obey Gov. Stalin’s order; she later admitted that criminals wouldn’t obey.

More information on the third case is now available.

The suspects have been caught. The police say it was gang-related (duh), and a case of mistaken identity. The perps were after a man in a white truck, but shot the wrong white truck. One perp was already wanted on drug charges, so… prohibited person. The second perp was busted a week after the shooting when transporting 22 pounds of fentanyl. He had gang-type neck tats covered up with makeup; I’ll make a WAG that he was also already a prohibited person at the time of the shooting. Official charging docs should be available later today.

So every shooting that Gov. Stalin cited to rationalize her unconstitutional ban wouldn’t have been stopped by it. Because criminals don’t obey laws, much less tyrannical edicts.

The Biden administration is never going to charge Grisham for her 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law violations. But just maybe, if Trump or another Republican somehow gets elected next year, he can be pressured into making the DOJ do the right thing.

Probably not.

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authoritarian swine, Constitution, Courts, genocide, gun control, gun grabbers, Law, resistance, SCOTUS, So Much Stupid!

Ban All The Guns?

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So demands the irrational Here4TheKids.

Guns ARE the problem. Here4TheKids is a national movement with a state focus.

We demand that Colorado Governor Jared Solis sign an executive order to ban guns and buy them back.

An executive order pushes Democrats to finally TAKE REAL ACTION to put an end to this nightmare.

They plan to hold a sit-in — which somehow isn’t a “protest” — in Denver on June 5, 2023. If Solis is psychotic enough to do as they wish, their “nightmare” has just begun.

Their site doesn’t list any contact email; just a couple of form to “volunteer” or register for the sit-in. I guess they don’t want to answer any inconvenient questions. Like…

1. You may not like it, but doesn’t the Second Amendment exist?

2. Didn’t HELLER establish the the right to keep and bear arms preexisted the Second Amendment; that it only protects a right that exists anyway?

3. Didn’t MCDONALD establish that the Second Amendment is incorporated to the states, meaning Colorado and Solis have tto obey it, too?

4. Didn’t BRUEN establish that restrictions on the Second with no general, historical tradition are unconstitutional; and that it protects arms beyond those in existence at the time of ratification?

5. Does this mean that Here4TheKids is advocating for the overthrow — by fiat executive order, no less — of the Second Amendment and the Constitution that established the authority of the Supreme Court? Basically, the overthrow of our Constitutional representative republic. The overthrow of the government?

6. Doesn’t that get into treason territory?

So… another set of victim-disarming lefties who want to do away with the Constitution and courts. As I recently noted:

Baker had better hope that the Courts don’t get disavowed. The little remaining confidence in the courts is the only thing standing between himself, and his doorkickers, and six to twelve million heavily armed, non-compliant SOBs.

A final question for the lunatics at Here4TheKids: Do you really want to declare Hunting Season… on yourselves? Because once we can no longer rely on the Constitution, Courts, or basic sanity on the part of idiots like you, I’m afraid there are some who would be happy to take matters into their own hands, and rid themselves of infringers.

And their cheerleaders. Like you.

We’ll try to talk those excitable folks down, but if you actually manage to field confiscating door-kickers, it won’t be easy.

And we’ll have less incentive to try to control them.

 

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authoritarian swine, gun control

DC – Nothing much has changed

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Those celebrating the demise of the DC gun ban may want to hang on a bit. If you think your freedoms have been restored in the nation’s capital, that is just not true.

To be sure, it was yet another kick in the groin of statist gun grabbery when a US District judge ruled  in July that Washington DC’s ban on carrying guns outside the home was unconstitutional.

In the ruling, Judge Frederick Scullin ordered the DC government to stop enforcing DC’s odious ban on carrying firearms.  Two days later – two days of unbridled joy and freedom – the District was granted a motion to stay the ruling until it could either appeal or adjust.

That adjustment came in the form of new licensing laws that make it odiously difficult to get a license to carry.

As of October 22, a DC resident may apply for a license. Good luck getting one, however. DC officials claim that merely fearing for your safety in a city where you can get shot just for stepping foot in a particular neighborhood is not reason enough to be granted a license to carry.

Want to carry while sightseeing? Nope. Monuments are federal property, and Park Police won’t let you carry on the National Mall.

If you can prove you have a stalker, you may be granted your right to carry a firearm.

The mere idea that some government bureaucrat has the authority to “grant” you a right negates the very idea and principle of a right.

And the mere idea that you cannot exercise your right as a free person whenever you see fit without begging permission from a faceless, statist desk-jockey in the capital city of the only nation in the world whose Constitution expressly protects the people’s right to keep and bear arms is repugnant.

So don’t celebrate quite yet. While Palmer was a terrific blow to the gun grabbers’ cause, there’s a long way to go until we achieve freedom.

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