Category Archives: Law

Words

Sometimes words can’t explain. And then sometimes, no words are needed.

A Rifle pile in Kalifornia

 

 

 

 

 

The same day on Twitter.

Shoes

 

 

 

 

 

 

 

And in the one Jewish state,

Israeli CCW

 

 

 

 

 

 

 

“More trained gun license holders, more personal security”. From now, it will not only be hostile or criminal elements who have guns in Israel. Instead, loyal, law-abiding citizens will have them as well. All that is left is for us to internalize that the right to self-defense is a basic human right with which man was created, in the image of G-d. The state can negate the right to carry a gun from those people who endanger the public. But the default mode should be that every citizen has the right to carry a gun, as part of all the human rights that the state should protect. The state does not give us the right to carry guns. We have that already. All that it can do is take that right away.

Word.

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Hand ‘em out like candy

Is there perhaps a positive change in the wind for beleaguered Israeli citizens? For several months now they have endured rockets being shot at them from the “two state solution” known as Gaza. Gaza was a fairly prosperous area prior to Israel withdrawing from the area and the citizens of Gaza electing hamass. They’ve endure rockets, bombs, firebombs, rocks, snipers, falcons being murdered by having devices attached to them so they could set more of Israel on fire than they could reach with a fire kite. All because they love the land so much they feel compelled to burn it all. There was recently a demonstration in Tel Aviv by the citizens of communities located near Gaza. They feel the government is doing enough/much/anything (circle the correct answer) to protect them.

The protesters shouted “the government must wake up – the south is burning” and “we are not cannon fodder.” They carried signs reading “the south is burning” and “we are tired of burned fields, we are tired of our children crying.”

They have darn good reason to think this way. In Orwellian double speak worthy of Yasser Arafat’s taqiyya of saying he wanted peace then explaining to the ticked off arabs he was just saying that for political reason we have this

After 250 rockets from Gaza hit Israeli locations, one a heavy Grad, Israel’s security cabinet meeting Thursday, Aug. 9, directed the IDF to continue to pursue “powerful action against terrorist forces.” This was tantamount to a decision against a major Israeli military campaign against Hamas at this time, while instead carrying on with tit-for-tat air strikes as before, and leaving the targeted communities to their despair. Some 19 people were injured in the last two days. Hamas is therefore still allowed to call the shots, exactly as it has done in the last four months, while inflicting in Israel diverse brands of terror.

The daily attacks by other arabs continue with stabbings, pro-tip, quit giving the bodies back. They don’t give Israelis back their slain. Arabs hold a big funeral, and a bunch more of them crawl out from under rocks and come into Israel to try to get money and fame by killing Israelis.

Chum Bucket, 31, approached several police officers near the Temple Mount on Friday afternoon. He tried to stab one of them with a knife before being shot dead by the officers who were at the scene.

If he’s going to attack armed police do you think he will hesitate to attack who he thinks is an unarmed vulnerable Israeli?

And he’s not the only one.

Israel Police on Wednesday said that a terror attack in Jerusalem was foiled last week.

In a statement, Israel Police said that officers operating in Jerusalem’s Old CIty noticed a suspicious individual and detained him. Upon searching the suspect, the officers found a knife and tear gas.

The suspect is a 26-year-old Arab resident of Hevron. He was immediately arrested and taken to the police station, where he was interrogated.

The criminals of course are armed, so gun control is working great there.

Police suspect the target of this morning’s shooting at a vehicle in Tel Aviv’s Kikar Hamedina Square was Ben Cohen, a criminal known to police.

Shots were fired from a scooter passing the vehicle where Cohen sat. No one was hurt and massive police forces were called to the scene.

Things are getting so serious the UN, which does not believe in the human right to self-defense, is thinking about getting involved. United Nations: Peacekeeping could protect Gazans from Israel

Are you kidding me?? Forget about Israel and the IDF you ignorant blow-hards. How about doing something about this? NIS 1 million deducted from PA transfers over torture. Need I mention they are torturing their own people. Or this little detail IDF foils Gazan infiltration attempt. Dead Jews do not concern the UN. Remember that, plan accordingly.

So, for the good news.

Public Safety Minister Gilead Erdan eased gun restrictions since armed civilians on the scene often help the police contain terrorist attacks and reduce casualties – especially in “lone wolf” incidents.”

But wait, what if your government doesn’t think your life is worth what you and your family think you life is worth. What if for example you were Elor Azariya? This case has been well covered on TZP if you have any questions just search using the little search tool on the right.

Well, we don’t have to “what if”. He applied, he was denied and the injustice continues. Apparently a James Comey (Israel version) works in the Police Department. The media knew Elor had been denied before he did. The man applied because his life was in danger, and it was in danger originally because of the liberal left being in full control of the legal process.

Terrorists do not hesitate to attack armed soldiers, police or guards. They most certainly will not hesitate to attack presumably disarmed Israeli citizens.

Palestinian youth on a stabbing rampage murders an Israeli man, injures two

A 17-year old terrorist climbed the security fence into the Adam community north of Jerusalem Thursday night, July 26, and slashed one victim after another.  Yotam Ovadia, an Israeli man of 31, whom he repeatedly stabbed, died soon after from multiple wounds, a second man, aged 58, was badly hurt and a third though injured managed to pull his gun and shoot the killer dead. The terrorist came from the nearby Palestinian village of Kobar. He must have studied the electronic fence in advance, because he was able to climb over without triggering the sensors for an alarm.

And in the end, it was a good guy with a gun that stopped the carnage. The security fence didn’t stop them, guards didn’t stop them, patrols didn’t stop them. A good guy with a gun stopped him.

Don’t be stingy Erdan, hand those gun permits out like candy.

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We Otto Know

This is another one of those columns where I tie shoestrings. Two things going on at the same time that are related, at least in my mind. The things are a TV program and a law.

First up, the TV show was called nazi Secret Files and the episode involved Otto Skorzeny. Skorzeny was hitler’s favorite commando. He led the rescue of mussolini, bravely kidnapped a child, and was a good nazi, he hated Jews. None of this is news, what the show focused on was his activities after the war.

At the beginning of the 20th century 1 million Jews lived peacefully in North Africa and the Middle East. They were mainly the Sephardic Jews. After Germany’s defeat in WWI and hitler’s rise to power Jews began to flee Europistan for Palestine. In the 1930s 250,000 European Jews fled Europe for Palestine. At that time Germany let them go, they wanted them to leave. In 1917 the British Empire had issued the Balfour Declaration, they saw it as restoring the land back to the Jews.

His Majesty’s government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.

At that time the land was under the control of the local Falest Pales Ara Turks. Yup, no one local controlled the land, Turkey did.

So the local arabs began to express their displeasure, they didn’t don the powerful pink knitted hat, nope, they went the antifa terrorist route and began to attack and sabotage. Stirring the pot was Haj Amin al-Husseini. It seems the British just couldn’t keep from shooting themselves and the Jews in the feet and any other handy place, they appointed al-Husseini as Grand Mufti after he promised he’d be good and quit inciting bloody attacks and riots on the Jews like he had in 1920 and 1921. Of course he lied and there were horrid riots in 1929 and 1936. Since al- Husseini hated the British as well as Jews, they really, really should have known better. Alas. He looked pretty much like your typical arab, blue eyed, fair complexion and it was said he could be charismatic and charming. Obviously, the Brits didn’t catch on. What al- Husseini did was change the focus of the conflict in the middle east from political to religious. From 1936-1939 he convinced 5,000 arabs that it would be a great idea to get themselves killed trying to prevent the Jews from settling. Now this is important, if you follow events in Israel, it will sound familiar, very familiar. He convinced local gullible arabs that the Jews were trying to destroy islam. Today the imams, hamass and abu mazen says that they Jews are going to destroy the Alka-Seltzer Mollusk, but it’s the same tired approach, and they’ve yet to catch on. It may surprise you to know, that back then the majority of the arabs wanted to make peace with Israel. They viewed al-Husseini as radical and didn’t want that path. They wanted to live in peace with the new Jews like they had the Jews that already lived there and just get on with their lives. Interesting, yes?

So fair haired, blue-eyed, Jew hating al-Husseini, who would love a guy like that? Yep, on November 28th of 1941 he goes to meet hitler in Germany. However, hitler is less than besotted and turns him over to himmler since he was never really sure about al-Husseini’s genetic make up. Of course a life long friendship begins between himmler and al-Husseini, and they both loved islam. Seriously, they saw Christianity and Judaism as the religion of slaves and islam as the religion of warriors. Hey dipwads, you never heard of King David? Judah Macabee? But I digress, so the new BFFs form islamic nazi SS units in Bosnia with 26,000 men. Indeed one of the largest. al-Husseini becomes a General, gets money and houses and with the similarities between nazism and islam they all get on peachy. Joseph Gerbils even gets in on the act because he sees the muslims as being important to use against Britain. The mufti tours the concentration camps and decides to bring them to Israel. He wants the mobile gas chambers like the kind used by Walter Rauff who followed Rommel around. He was hoping he could get Eichmann to help him set up the camps.

Does any of this give you the idea that there was far more to al-Husseini’s hatred that just some Jews moving to Israel?

This hatred is what led to the assassination of King Abdullah I of Jordan (established in 1948). Not all the arabs wanted war with Israel, King Abdullah wanted to make peace, and was killed for it.

Back to Skorzeny, before the end of the war, Skorzeny had come up with a plan that could extend the action against the allies for up to another year possibly. He began the group known as the werwolves. They were made up of mostly hitler youth because they were available, but like many modern school children, also easy to indoctrinate. Their goal was to work as a partisan unit, disrupt, destroy and kill. I don’t know how effective they really were at that as much as Joseph Gerbils used them to great effect by propaganda broadcasts urging German civilians to join in. The army reacted by warning service men and putting in place curfews on the German population.

“Every friendly German civilian is a disguised soldier of hate. Armed with the inner conviction that the Germans are still superior … [they believe] that one day it will be their destiny to destroy you. Their hatred and their anger … are deeply buried in their blood. A smile is their weapon by which to disarm you … In heart, body and spirit every German is Hitler.”

Eventually Skorzeny sees the writing on the wall and turns himself in to the Americans. In July of 1948 he is sprung from custody by some of his werwolves disguised as American soldiers. He has helped many of the nazi high officials flee via the Ratlines and now he is ready to move, and so he does.

So there is some background.

It’s now 1953 and Skorzeny shows up in Egypt to reunite with the arab fuhrer as al-Husseini was called. So what’s an out of work nazi to do? He begins setting up arab werwolves. He teaches terrorism to the arabs. One would have thought they already knew enough about that. He meets a cousin of al-Husseini named yasser arafat who went on to form the ancient people known as falestinians in 1964. I believe I read that he stated in his biography he came up with the term “Palestinians” as applying to arabs as a propaganda type tool. Knowing he and Skorzeny were BFFs for the rest of their lives I just wonder where he could have gotten such a propaganda idea. After the War for Independence in 1948 the arabs had conducted raids on Israeli farms, stole livestock and farm equipment, mostly. After 1956 Gamal Abdel Nasser came to power and ousted the British from Egypt. Gamal was a hitler fan-boy. So with Skozeny training the arab werwolves the raids changed, now they became vicious towards the Jews. The nazis had their foothold. They viewed civilian trains, buses, markets as fair game. He trained the fedayeen to kill Jews in Gaza, Judea and Shomron. 260 Israelis were killed in 1955 alone. It might interest you to know that Skorzeny was also involved in training young neo-nazis in the United States. By 1960 Nasser had set Egypt up as a nazi state in the mid-east. He had his opposition killed and 75,000 Egyptian Jews had either fled, been expelled or killed. Now that everything is set up, Skorzeny moves to Spain and forms a terrorist for hire group called “The Paladin Group”. His clients included Saddam Hussein and Muammar Gaddafi, both admirers of the nazis.

In the 1960s and the 1970s the terror really kicked up in the mid-east with the proliferation of non state terror organizations. The fedayeen, hamass, hezbollah, jemaah islamiyah, al-qaeda all of these originated from Skorzeny’s werwolves and his training back in Egypt in the 50s. Mein Kampf is still a best seller in the arabic world, and the Protocols of the Elders of Zion are thought to be true as well.

So now you know how some of the terrorism and propaganda in the mid-east had nazi origins. Now for part 2, it’s shorter.

Perhaps you’ve heard about the new Nation state law recently passed by Israel. Much of the world has weighed in on it. Racist, establishing apartheid, discrimination, democracy is dead. The arabs are all in a tizzy, the left wing Jews are having a hissy, actually left wing everything pretty much always has a hissy when Israelis do anything other than die quietly. But just in the interest of letting you form your own opinion, here is the new Israel Nation State Law, in it’s entirety.

1. The State of Israel

a) Israel is the historical homeland of the Jewish people in which the state of Israel was established.

b) The state of Israel is the nation-state of the Jewish people, in which it actualizes its natural, religious, and historical right for self-determination.

c) The actualization of the right of national self-determination in the state of Israel is unique to the Jewish people.

2. National symbols of the State of Israel

a) The name of the state is Israel.

b) The flag of the state is white, two blue stripes near the edges, and a blue Star of David in the center.

c) The symbol of the state is the Menorah with seven branches, olive leaves on each side, and the word Israel at the bottom.

d) The national anthem of the state is “Hatikvah”

e) [Further] details concerning the issue of state symbols will be determined by law.

3. [The] unified and complete [city of] Jerusalem is the capital of Israel.

4. The Language of the State of Israel

a) Hebrew is the language of the state.

b) The Arabic language has a special status in the state; the regulation of the Arab language in state institutions or when facing them will be regulated by law.

c) This clause does not change the status given to the Arabic language before the basic law was created.

5. The state will be open to Jewish immigration and to the gathering of the exiled.

6. The Diaspora

a) The state will labor to ensure the safety of sons of the Jewish people and its citizens who are in trouble and captivity due to their Jewishness or their citizenship.

b) The state will act to preserve the cultural, historical and religious legacy of the Jewish people among the Jewish diaspora.

7. The state views Jewish settlement as a national value and will labor to encourage and promote its establishment and development.

8. The Hebrew calendar is the official calendar of the state and alongside it the secular calendar will serve as an official calendar. The usage of the Hebrew calendar and of the secular calendar will be determined by law.

9. National Holidays

a) Independence Day is the official holiday of the state.

b) The Memorial Day for those who fell in the wars of Israel and the Memorial Day for the Holocaust and heroism are official memorial days of the state.

10. Saturday and the Jewish Holidays are the official days of rest in the state. Those who are not Jewish have the right to honor their days of rest and their holidays. Details concerning these matters will be determined by law.

11. This Basic Law may not be altered except by a Basic Law that gained the approval of the majority of the Knesset members.

And that’s it. All of it. For some good commentary check out IsraellyCool. He has a professor of law analyze it.

And yes, Skorzeny did help the Mossad find information on the rockets being built in Egypt by German scientists. Some wondered what his motivation was. They wondered if on some level he wanted to atone.

“How can I trust you?” Skorzeny asked. “How can I be sure that you won’t go after me later?” He feared that Israeli avengers would find him as they found Eichmann, and his fate would be the same.

Rafi Eitan found the solution right away. “We are authorized to offer you freedom from fear,” he said. He took a sheet of paper and wrote Skorzeny a letter, in the name of the State of Israel, which guaranteed him “freedom from fear” and assured him that he would not be subject to any kind of persecution or violence.

Skorzeny perused the document, then fell silent. He got up and paced back and forth, immersed in thought.

He finally turned to the Israelis. “I agree,” he said.

Nope, self-serving till the end. He may be gone, his filthy legacy lives on.

That’s it, and now you know where the genesis of much of that hatred and misinformation is coming from. The roots of the lies and tactics go back to nazi Germany. And somewhere hitler, Skorzeny and al-Husseini are smiling as the world attempts to deny the Jewish state the right to be, a Jewish State and screams “disproportionate force” as Jews die there still fighting for their right to be a Jewish State.

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Redefining “firearm”. Again.

An interesting legal theory.

Academy sporting goods chain sued by couple wounded in Sutherland Springs church shooting
On Friday, Rosanne Solis and Joaquin Ramirez sued Academy Sports + Outdoors for selling Devin Patrick Kelley a Ruger AR-556 with 30 round capacity magazines. While this model is legal in Texas, Kelley was a resident of Colorado, where it’s illegal to sell, possess or manufacture magazines with capacities over 15 rounds.
[…]
Emily Taylor, a gun law expert in San Antonio, said she believes Solis and Ramirez have a case. Federal law prohibits licensed gun dealers from selling to residents of other states unless the buyer meets them in person and the sale “fully” complies “with the legal conditions of sale in both such States.”

IANAL, yada yada…

Not quite, Taylor. Federal law prohibits licensed gun dealers from selling firearms to residents of other states, with exceptions.

18 U.S. Code § 922(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
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;

And “firearm”? “Rifle”?

26 U.S. Code § 5845Firearm
The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

No mention of magazines in federal law there.

(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.

Nor there.

As best I understand the laws, federal restrictions are not on magazines; just firearms. Dealers in other states aren’t responsible for complying with Colorado laws on non-firearms. For this case to fly, Solis and Ramirez will have to convince the jury that a magazine is a rifle component that — just as a drop-in auto sear is a “machinegun” — constitutes a firearm in its own right.

If I were on the jury, they would have to come up with a remarkably persuasive argument to convince me of that. Personally, I think the DIAS=machinegun bit is ridiculous, but at least it’s codified in law. Magazine=firearm is not.

But gun controllers would love it, as such a ruling would make magazines into firearms, subject to all the licensing for manufacture and sale, and background checks by FFLs.

Serial numbers. Bound book entries. Inspections.
https://www.law.cornell.edu/uscode/text/26/5845
And, if magazines are guns, what of the existing millions of unserialized commercially sold magazines?


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