Engaged In The Business: The Shoe Drops

The ATF’s rule redefining “engaged in the business,” and who must have a Federal Firearms License, has been released, but not yet formally published in the Federal Register. The Zelman Partisans has been warning you about this since 2022.

The rule document is 466 pages. Most of that is hundreds of pages of “responses” to public comment that amount to “We disagree,” and “tough shit.” The part where they claim that requiring everyone to have an FFL is BRUEN-compliant, because the feds briefly banned the export of cannons and gunpowder in 1794 is a classic.

Well, except for responses to the 250,000 identical form letter comments in favor of the rule. Those responses tend towards, “You’re absolutely right, and it’s a shame those stupid constitutionalists can’t see that.”

The actual final rule begins on page 452, and it’s even worse than the original proposed rule.

“Selling” a firearm includes swaps and barter, not just money.

A single transaction can make you a dealer, as I warned.

No firearm actually even needs to be sold. Whether the ATF thinks you intend to sell a firearm counts.

Buying a single firearm can make you a dealer, if the omniscient ATF magically foresees that you intend to resell it later.

It includes a presumption of guilt. If they accuse you, it’s up to you to prove — somehow — that, “No, I bought that for my own use; I’m not planning to sell it years down the road.” Good luck with that; if you win, you’ll still be bankrupted by legal expenses.

VP “Kneepads” Harris weighed in on the new rule. Sorta. With her usual display of her monumental intellect:

As the head of the first-ever White House Office of Gun Violence Prevention, I am proud to announce that all gun dealers must conduct background checks no matter where or how they sell.

This will save lives and keep our communities safe.

Poor confused moron. Dealers have been required to conduct background checks “no matter where or how they sell” for decades.

This rule simply forces universal preemptively-prove-your-innocence background checks by making everyone a dealer.

Almost universal, that is.

And while this unconstitutional action was directed by the Bipartisan Safer Communities Act, it would do nothing to make safer communities. Those dealing in black market and stolen firearms will simply ignore this rule; just as they have ignored the FFA for 85 years, and the Gun Control Act of 1968 for 55 years.

The only people who will be affected by this proposed rule are the honest folk, who would have to decide between following the criminals’ highly successful 85 year old example, or being compliant chumps.

Time to decide.

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Gun-Free Missouri Home Schools?

I received an alert sent out by Missouri First, regarding Missouri Senate Bill 727.

Probably unintentionally, the Senate perfected version of SB727 appears to technically make it illegal to possess a firearm in a home school under some circumstances.

In SB 727 the definition of “home school as a school was moved and applied to ALL the statutes, not just sections 167.031 to 167.071 as it does currently.

That makes the dwelling in which a home school is conducted a “school” or “school building” and Chapter 571.030.1(10) makes it a felony to possess a loaded firearm in “any school.”

I’ll grant that 571.030(10) does state:

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school...

But is that definitive? Does “any school” really mean home schools?

571.030(1) is both a little more general and specific.

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into any area where firearms are restricted under section 571.107;

That forbids carry in specified locations in 571.107. And what does that say?

10) Any higher education institution or elementary or secondary school facility…

So it looks like “any school” is a higher education institution (college/university), and elementary and secondary schools (high school). Home schools aren’t specifically called out, but maybe those are elementary schools. How are elementary and secondary schools defined?

In 160.011, elementary and high schools are very specifically defined as public schools only. This restrictive definition is maintained in SB 727 section 160.011, where we see that elementary and high schools (secondary) are defined as public schools, not the separately defined home schools.

That change in language, from statute-specific to all statutes is disturbing. But since firearm-specific laws still reference public schools only, I think a decent lawyer could successfully argue which carries precedence should someone make an issue of armed homeschoolers. In which case, 571.107(15), regarding any private property applies.

(15) Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place of a minimum size of eleven inches by fourteen inches with the writing thereon in letters of not less than one inch.

But I find it unlikely that a 2A-respecting homeschooler is going to post his own property as gun-free.


Hat tip to Wisco Dave.

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Georgia Has A Great Bill In The House

I saw a video recently that just made me salivate. Nope, not a new recipe to try, but it is something sweet and yummy.

I myself try to avoid places that are posted No Concealed Weapons. Yes, I realize the point of carrying concealed is that people can’t tell, but I figure if you don’t want “my kind” there, well then I certainly won’t offend you with my money either. The other reason I try to avoid them is it seems to me that most of the mass attacks are in gun free zones. It seems those pesky criminals don’t obey the sign clearly posted against having a weapon in their “Gun Free Zone”.

or, if you prefer a musical version (what the heck, I’m in a whimsical mood)

I’ve never quite really understood why businesses are responsible for slips, trips and falls, too hot coffee or a burgler breaking in and being injured. Yes, businesses have been sued for all those things. I would stay those are things the business really couldn’t prevent in large. Yes, if the sidewalk or walkway in front of the store is icy and they stay open for business they should clear it. And probably most business owners would do that without being told as they know if a customer falls on their icy walkway they risk a lawsuit.

But when it comes to allowing concealed carry on premises they shrink back and clutch their pearls. I’ve asked a few business owners about that and they’ve said their insurance company insists on it, but they don’t agree with it. I had one jewelry store owner tell me he had no problem with me carrying in his store and he wished I would that way if something happened there would be two of us. I guess nobody wants to be hauled to the back of a store and shot huh?

So back to Georgia’s HB 1364, it doesn’t infringe on the property owners rights, all it says if you deprive someone of the right to defend themselves with the most effective tool, then you bear the responsibility for their safety as you’ve chosen to remove their right to defend themselves should something untoward happens. This would also include parking lots.

Here’s a snippet

(1) ‘Lawful weapons carrier’ shall have the same meaning as provided for in Code

Section 16-11-125.1.

‘Weapon’ shall have the same meaning as provided for in Code Section 16-11-125.1.

A person, business, or other entity that owns or legally controls a property and has the authority to prohibit weapons on such property, including, but not limited to, such authority provided by Code Section 16-11-127, assumes absolute custodial responsibility for the safety and defense of a lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property and any other property such lawful weapons carrier is required to traverse in order to store or retrieve such weapon.

The absolute custodial responsibility imposed upon the person, business, or other entity provided for in paragraph (1) of this subsection extends to the conduct of other invitees, trespassers, and employees of such person, business, or other entity.

Any public notice posted on a property that includes language which provides that weapons are prohibited on such property shall also contain language citing this Code section and providing that any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property shall be under the absolute custodial care of the person, business, or other entity that owns or legally controls such property.

Any lawful weapons carrier who is prohibited from carrying his or her weapon,including a concealed weapon, and who is injured, suffers bodily injury or death, or incurs economic loss or expense, property damage, or any other compensable loss as the result of conduct of another person occurring on property where the lawful possession of weapons is prohibited, shall have a cause of action against the person, business, or other entity that owns or legally controls such property and causes such prohibition to occur.

In addition to damages, the lawful weapons carrier shall be entitled to reasonable attorney’s fees, expert witness costs, and other costs necessary to bring the cause of action.

To prevail in an action brought under this subsection, the plaintiff shall show by a preponderance of the evidence that:

(A) The plaintiff was a lawful weapons carrier at the time of the incident giving rise to the action;

The plaintiff was prohibited from carrying a weapon, including a concealed weapon, on the property where the incident occurred by the person, business, or other entity that owns or legally controls such property; and

You may read the whole thing here

Every time I think about gun free zones, I think about Suzanna Gratia Hupp’s poignant testimony before congress.

This is a bill I’ve wanted to see in my state for a long time. If it’s the insurance companies pulling the strings, then shop owners really aren’t making their own choice anyway are they?

This one is on my wish list, along with a Firearms Freedom Act. There was a push for that back after Montana passed theirs.

This map is from 2019, so it is quite dated but that’s because I could only find this map web site in the web archive.

With what we’ve seen lately? I think it’s time to renew the push for this legislation.

Well, I figure everything started out on someone’s wish list, right? Ah I am in a whimsical mood indeed!!

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Fun With Artificial Stupidity

Joe Huffman, of Boomershoot, has been playing with AI chatbots by asking them about the event. The inaccurate responses he gets would be amusing, if people weren’t actually trying to implement AI in real-world, life-affecting applications. His latest report inspired me to ask Gab AI about The Zelman Partisans.

Tell me about the pro-gun group called The Zelman Partisans

The Zelman Partisans is a pro-gun group that promotes Second Amendment rights and advocates for the use of firearms for self-defense.

So far, so good. Um, wait…

The group’s name is a reference to the Irgun, a Zionist paramilitary organization that operated in the British Mandate of Palestine during the 1930s and 1940s.

What? The name is a reference to Aaron Zelman, hence the “Zelman” in the name.

The Zelman Partisans was founded in 1994 by Rabbi R. Mermelstein…

Not even close. Try 2014 (only off by twenty years, AS bot), by the late Alperts, Shelia, Eric, and Claire.

… a gun rights activist who believed that firearms are essential for personal protection and the defense of communities. The group’s mission is to educate and empower individuals to exercise their Second Amendment rights and to promote responsible gun ownership.

Okay. That “responsible” bugs me a bit.

The Zelman Partisans is active in the United States and advocates for gun rights at both the state and federal levels.

We’re more of a educational advocate group than activist advocates, as that somewhat implies.

The group has been involved in various legal battles to protect and expand Second Amendment rights, including a successful lawsuit against the City of Chicago over its handgun ban.

That’s news to me. As a group, we haven’t been directly involved in any lawsuits (some of my individual work at TZP has been cited in federal lawsuits). And the “Chicago handgun ban” was settled (officially) in 2010 in McDonald v. City of Chicago, years before TZP was formed.

The Zelman Partisans is not affiliated with any political party or ideology, and its members come from diverse backgrounds. The group’s focus is on promoting the responsible use of firearms for self-defense and the defense of communities, rather than advocating for any particular political agenda.

A quibble, since “responsible” use of firearms has been bent by anti-rights types to mean “regulated, restricted, and demonized use of firearms, with hell to pay if you do.”

Just for fun, I also asked Gab AI about myself. Apparently I died in childhood…  after fighting the Winter War in Finland and writing several novels.

I’m almost afraid to see what Google’s AI would say.

It turns out Google’s Gemini is better. It admits that its still learning about TZP and says nothing else.

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Purim and Concealed Carry, Everyday heroes

We’re about a week out from Purim, the holiday that once again celebrates the survival of the Jewish people from a nation that wanted to wipe them off the face of the earth. The Megillah (scroll/story) of Esther is notable for not mentioning the name of G-d as he remains as hidden as his name is in the story. There are no overt miracles like the parting of the sea, or clouds of glory, manna or even a miraculous battle. No, the story of Purim is about regular people. While I will concede Esther is a Queen this is still not a story of people born into the nobility of Persia.

You can find lots of information on Purim here

As I understand it, when Mordechai, Esther’s cousin who raised Esther first found of the plot to destroy the Jewish people and tried to warn them, he wasn’t taken seriously. The Jewish people were rather fractured at that time, and so Esther requested that all the Jews gather to pray and fast. Another interesting bit on this is Mordechai wanted to send the Jews a message regarding the true evil nature of the King and Hamen, but being afraid the message would be intercepted, he hid it in pastry.

6. The Alshich explains that at first, the Jews did not believe that they were going to be completely wiped out. In an effort to convince them of the seriousness of the situation, Mordechai sent numerous letters to the Jews describing the true brutal natures of Haman and Ahasuerus. However, because Mordechai feared that the king might intercept these messages that painted him in an unfavorable light, Mordechai hid them in pastries, which he then sent to the Jews. These pastries saved the Jews, because when they found Mordechai’s letters hidden within the dough, they became convinced of the direness of the situation and were stirred to repentance. On Purim, we eat hamantaschen, a pastry that contains hidden filling, to commemorate how the hidden filling of Mordechai’s pastries brought about our salvation. (Sefer Menuchah V’Kedushah 2:20)

I’ve heard this year they may be called Oznai Sinwar, Sinwar’s ears, after the leader of hamass.

Leading up to Haman’s evil attempt the eradicate Persia of it’s Jewish population, Jews thought they fit into society. They could freely walk around with their symbols of Judaism, order Kosher food and were treated no differently than other members of Persian society. Until one day they didn’t. Much like Germany, a cultured progressive country, Jews were apart of society and had lived at peace with their non-Jewish neighbors, until one day they didn’t.

Today American Jews are seeing what European Jews, or at least Swedish, German, English, and French Jews have been seeing for a long time. Their country loves the illegal invaders from 3rd world countries far more than they love the culture and contributions of their Jewish citizens. I’m sure it is a painful awakening for those that are seeing that the Demoncratic party embraces far more the views of the “the squad” than the old style demoncrats that supported Israel. I would think it would be painful to hear Chuck Schumer call for interference (again) in Israel’s electoral process. I would think it would cause painful bafflement when those indoctrinated by the higher education system proudly display their ignorance on topics while demanding something no other country at war has ever been required to do, which is hamstring your own army and support your opponents. Yet somehow people view it as perfectly acceptable to demand it of Israel.

Well, as we know, Queen Esther and Mordechai took action and created the circumstances for the Jewish people to be allowed concealed carry permits to fight back and kill those who came to kill them. But more than likely the Jews of Shushan sure didn’t see that one coming.

The shock of finding out they had been expendable all along to the left has to be horrible, but to me, more horrible yet are those that still don’t understand what is happening because they still trust the same dishonest mainstream media that has been deceiving them for years. It sure does make it easier to get blindsided. I really hate blindsided.

Purim and the Betrayal of American Jewry

Who has betrayed us? Not the white supremacists, not the neo-Nazis and the ignorant, brainwashed skinheads—there’s no element of surprise there—but the educated, humanitarian left, that segment of society that Jews have embraced more than any other, both ideologically and socially. The gentle souls who walked with us in sympathetic conversation have turned with teeth, claws, and venom against us.

What prompted their betrayal? Because they saw that it was possible to murder, rape, and torture over 1,200 of us, abduct our babies and elderly, and get away with it. That was “exhilarating” and “awesome.” That very morning, there were those who jumped out of bed eager to blame the victims, defend murderers and rapists, and celebrate our pain. Only later were they angered that we dare attempt to rescue our loved ones and protect ourselves from those who would destroy us, dampening the perverse antisemitic exhilaration that comes from seeing a Jew suffer.

Why is betrayal so shocking? Because it redefines not only the present but the past. It means that all along, the people you thought were your friends were holding a dagger for you in their back pocket.

Progressive Jews are not alone in feeling betrayed

The Epiphany

As a Zionist

Now or never wake-up call for American Jewish Progressives

The Obiden crime junta has imported millions of illegal invaders from countries with a rich history of crime and antisemitism. The results are now being made manifest and from what Michael Yon is saying, far worse is still coming. There are several different articles linked in this one, but this is a widespread problem covering far more than just Baltimore.

South American Gangs Target Mansions In Baltimore As Biden’s Border Crisis Spreads Chaos

Durden reminds us:

At the same time, Democrats are waging war on the Second Amendment by actively trying to ban guns, which will only leave law-abiding people defenseless.

Americans are demanding law and order – something Democrats and the radical progressives in the White House could not care less.

Welcome to Purim 2024, and the modern day Hamen, Alexander Mayorkas. But just as Esther and Mordechai pressed the King for the right for Jews to rise up and kill those who sought to kill them, today the Mitzvah remains to defends ourselves and our families.

The simple meaning of the word mitzvah is command. It appears in various forms with that meaning about 300 times in the Five Books of Moses. It generally refers to the Divine commandments to the Jewish people, things He wants us to do or not do.

Mitzvot (plural) are one of the ways we can connect to G-d. He tells us what he wants us to do and what he doesn’t want us to do….rightie-o! Sounds important to me.

But we’re just everyday ordinary people going about our lives, raising our families, working our jobs, taking care of children or parents, attending services, helping our neighbors and living life. What in there is heroic? Perhaps something you’ve not thought of. There was recently a fantastic article on Aish Nice Jewish Boys Carrying Concealed Guns and in it the columnist talks about having a talk with his Rabbi about carrying.

Whenever you are carrying a gun,” he advised me, “you are fulfilling several mitzvot, commandments. ‘Guard your life’ by protecting yourself, and ‘love your neighbor’ for protecting others. You’re not a Rambo. You’re a Jew engaged in doing important mitzvot.”

The Best Defense

Event Date: 14 Adar 5729 – March 04, 1969

The Talmud teaches, “If someone rises to kill you, rise up to kill him first.” The Rebbe explains that this dictum of our sages is the only way for Israel to deal with its enemies who seek its destruction.

The hope of achieving a measure of security through the United Nations, given the hypocritical attitude towards Israel which prevails there, is futile. Only when Israel demonstrates, with a show of force, that it stands ready to rise up and strike those who would attack it, can it prevent violent conflicts with its neighbors. If they are deterred from attempting attacks in the first place, there will be no need for actual use the force.

Note the date on that, March 4, 1969. Not much has changed. Israel can’t rely on other nations, any country is one corrupt, morally bankrupt politician or party from betrayal.

Haman, decedent of Amalek, whom King Saul was commanded to destroy, wanted to kill all the Jews, everywhere. Not just the ones in Shushan. King Saul did not destroy Amalek. Esther and Mordechai were decedents of King Saul. Haman they did destroy. Pharaoh wanted to destroy all the Jewish males, but not the females. In the past hitler, and in the modern day, Hamass and Fatah all call for the eliminations of Jews worldwide. It’s in their charters. The “innocent citizens” being used to prolong the war knew this when they voted for Hamass. Which pretty much shows you it has little to do with Israel, and everything to do with people since they call for the death of all Jews worldwide.

One of G-d’s gifts to Israel, the land, is Israel, the people. The everyday heroes. The ones that suit up and show up. Just like the armed citizens of their countries doing what they can to protect themselves and their families and everyday heroes. They are fulfilling mitzvot.

They tried to kill us, we prevailed, let’s eat!!

עם ישראל חי

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“Christian Nationalists” vs “The Lamestream Media”

Imagine my shock to find out according to Heidi Przybyla on MSNBC, of course, the only people reading news and spewing opinions dumber and less informed than CNN, also #FakeNews, that I, and in fact many of you are “CHRISTIAN NATIONALIST!!” GASP! Heidi works for a bastion of truth known as “Politico”. And oh the shock, the horror, the NERVE!!! What has set little Heidi off? Is she off her meds? Someone said something she didn’t like? She saw a picture of someone she disapproves of? Closer to the first actually. I’m very sure Heidi went to college. Not to be confused with the institutions of higher learning in the past, no today’s “colleges” are institutions of higher indoctrination. And they turn out very ignorant people like Heidi.

Heidi’s shock and horror comes from a lack of understanding in an ancient, archaic document known to many of us as “The Declaration of Independence”. To make this even richer, Heidi is Politico’s “investigative correspondent”. I’m saying she’s overpaid.

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–

I’m pretty sure Haym Solomon would be as shocked as I and many others are to find out we are “Christian Nationalists”. Haym Solomon is in large part responsible for the decisive victory of the War for Independence. Haym was Jewish.

Heidi says that regular Christians aren’t those nasty “CHRISTIAN NATIONALISTS”, I’m guessing a few Christians are baffled and a few insulted that she thinks “regular Christians” don’t observe the Ten Commandments. It’s number two on the list, so it’s pretty high up there.

You shall have no other gods before Me. You shall not make for yourself a graven image, nor any manner of likeness of anything that is in heaven above, that is in the earth beneath, or that is in the water under the earth. You shall not bow down to them, nor serve them. For I the L‑rd your G‑d am a jealous G‑d, visiting the iniquity of the fathers upon the children of the third and fourth generation of them that hate Me; and showing mercy unto the thousandth generation of them that love Me and keep My commandments.

But this is just the latest in the media’s long train of lies. In fact, if you read this part

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Media,

and substitute the word “media” for government, you get at the real crux of it. How long do we continue to give the media a scrap of credibility?

The media lies, almost always. A nice summation from Tim Pool, with a video from Prager University.

https://www.prageru.com/video/lying-liars

More misguidance from the legacy media, but independent sources, like Tim Pool of Timcast that are becoming well known and are giving the other side of the story with suppressed information.

Voices like Tucker Carlson have an even bigger audience now that he is free from FOX and is far more open. The gloves and the filters are indeed off.

You’ll note most of these clips come from Rumble, as YouTube is part of the racist Google empire and they are big into the censorship game. Racist? You’ve heard about their Gemini chatbot, right?

The MSM, #FakeNews keeps telling everyone, keeps telling U.S. that Donald Trump is a fascist, and all his deplorable supporters are fascist and evil Christian Nationalist while they pump up Beijing Biden and the Biden crime family and the junta more than likely being run by Barry Sotero. So when they switch out Biden for Moochelle Obama later, it will really be Barry’s fourth term. But who is using lawfare to go after their leading political opponent? Who has political protesters being held in prison in conditions so bad some of the asked to be transferred to Gitmo? Who has the FIB going after parents at school board meetings and rounding up Grandmas who went to a protest? Not Donald Trump. But this isn’t about Trump, as Tim said. It’s about what the media peddles as purveyors of truth.

This is about a media that covered for child and puppy torturer and killer Anthony Fauxci, they hid the truth about an experimental injection that can and does change DNA. An injection that was always part of a DOD project, a DOD that has biolabs in Ukraine.

Why would anyone ever believe the media about a gun related story?

Who are the fascists?

This last one? This last one is a bonus, he’s from Scotland and there is so much truth I pray in this video. I pray it’s true. The voice of truth is like a balm of healing.

 

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This Is Why My Confidence In The Courts Is Bottoming Out

The Supreme Court today heard oral arguments in Cargill v. Garland, the challenge to Trump’s (yeah, he still owns it) bump-stock ban.

Now, it’s true that we still have Clarence Thomas, who is intelligent and willing to study facts at issue. But we also have Associate Justice Ketanji Brown Jackson.

“And when, you know, ‘function’ is defined, it’s really not about the operation of the thing. It’s about what it can achieve, what it’s being used for. So I see Congress as putting function in this. The function of this trigger is to cause this kind of damage, 800 rounds a second or whatever.”

That was after the government claimed that a semiauto rifle with a bump-stock can fire 600 rounds per minute. But Brown, with firearm knowledge exceeding that of John Moses Browning, knows better: 800 rounds per second.

Probably theoretically, higher, once you account for those magazine changes in that one second.

Just for comparison, the GAU-8/A Avenger seven-barreled, Gatling-style autocannon in the A-10 attack aircraft — the beloved “Warthog” — has a measly rate of fire of just 3,900 rounds per minute; twelve times slower that Jackson’s magical bump-stocked gun.

No wonder the Air Force wants to retire the A-10.

But back to bitter reality. We’re stuck with ignorant high court judges, who when even the banners inflated claims fall short, simply make up their own “facts” to rationalize the infringement of allegedly protected rights.

Oh, well; however SCOTUS rules, Thomas’ takedown of Jackson’s idiocy should be amusing.

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That’s Not How Stand Your Ground Works

Understanding use of force law is pretty important if you’re going to carry a gun, whether lawfully or unlawfully. And we’ve identified another attorney you really don’t to defend you in court because defense attorneys should know that, too.

KC parade shooting suspects may pursue ‘stand your ground’ defense
The man accused of firing the first shots at the Kansas City Chiefs Super Bowl rally told authorities he felt threatened, while a second man said he pulled the trigger because someone was shooting at him, according to court documents.
[…]
Trial attorney Daniel Ross described the stand your ground law as a “formidable defense” that he and many other Kansas City defense attorneys anticipate will be used in Mays’ and Miller’s cases. He said the law puts the onus on the prosecution to disprove claims that a shooting is lawful self-defense.

Ross needs to, you know, actually read 563.031, Missouri’s “Stand Your Ground” law. “Felt threatened” is not sufficient.

1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:

Reasonably believes the use of force is necessary to defend against an imminent threat. The problem with that appears to be this:

When interviewed by law enforcement in the hospital, Mays said he drew his gun first and began firing first. When asked why he advanced on the group of people to begin with, Mays said, “Stupid, man. Just pulled a gun out and started shooting. I shouldn’t have done that. Just being stupid.” He claimed that someone in the group had told him “I’m going to get you,” which he took as meaning “I’m going to kill you.”

So Mays approached them first, drew first (if his opponent hadn’t drawn, that seems to leech some of the “imminent” from the situation), and shot first. Let’s look at the first exception to the 563.031 defense.

(1) The actor was the initial aggressor

Mays’ own words seem to indicate that he was the initial aggressor. Mean words don’t necessarily count. For a SYG defense, Mays would have to explain why he reasonably believed that “I’m going to get you,” was both a credible death threat and imminent. And why those words from an unknown “someone” justified targeting Miller, or was it the whole group. We really don’t know that part yet.

And that would only justify the use of force against the second shooter, Miller, or possibly the two unnamed minors arrested, if they were shooting at Mays. It would not be a defense for the innocent parade attendees who were not involved to the alleged dispute who were also shot (with one killed).

Miller might have a SYG defense for shooting at Mays; but again that doesn’t apply to the bystanders shot.

Even when the use of deadly force is appropriate, you have a legal obligation not to kill innocent bystanders; that’s at least manslaughter. Merely wounding the innocent is assault.

As yet, we’re only seeing a couple of second degree murder charges. I think those are just placeholders while the forensics folks sort which of the 23 people were each shot by whom. I expect Mays, at least will be facing multiple attempted murder charges (for the group he seemed to be firing on). At best, whoever killed the DJ will see a manslaughter charge, and everyone who wounded the others will see assault charges.

There were at least four guns located, and quite a few rounds fired, so sorting that out is going to take a while.

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Uvalde Cops CAN Act Quickly

You just have to find the right motivator.

You may recall the 2022 school shooting at Robb Elementary, in Uvalde, Texas. If not, here’s a synopsis.

  • Police observed a scumbag actively shooting at people near the school.
  • Rather than do something about it, the officer radioed in for permission to act.
  • By that time, the shooter made it into the school.
  • Police — hundreds — responded to the scene, but did not engage the killer.
  • The killer spent a great deal of time in a classroom shooting 40 people; students and teachers.
  • One officer attempted to enter the classroom. Other officers forcibly stopped him.
  • After 77 minutes, the police finally went in.

The end result was 19 dead children and two dead adult victims.

It’s been nearly a year since I’d heard anything more about this. I assumed it had simply fallen out of the mainstream “news” cycle while they concentrated on “get Orange Man Bad.”

Nope. It turns out that the Uvalde prosecutor, Christina Mitchell, has been slow-walking and blocking the investigation into the police [lack of] response.

Which led to this little incident, which shows the Uvalde cops can respond quickly. When they feel like it (like when someone is criticizing them).

Brett Cross committed the horrific crime of telling a county commissioner, “My child is fucking dead!” He was immediately arrested, cuffed, taken out, and put into a police car. (Pardon the language, but I thought the exact quote leading to his arrest was needed.)

Why would these grieving parents suspect a cover-up, driving them to the criminal use of naughty language?

  • It took more than a year for prosecutor Mitchell to convene a grand jury.
  • No officer was called to testify until a few days ago.
  • The Texas Rangers hired a doctor to determine if any of the dead victims might have survived if the response had been quicker (at least four still had heartbeats when found).
  • Mitchell shut down the doctor’s part of the investigation, and didn’t allow him to review autopsy reports (apparently they’re still sealed since the grand jury is “investigating”).

That last part is key. A determination that any of the children could have lived if the cops had done their jobs would be the most likely basis for criminally charging the cops.

So long as Mitchell is covering for the cops, I hope she remembers to kill any investigation of where the money for Level IV vests for every single Uvalde officer went. They claimed to have the cash in hand four years prior to the school shooting…

… and then pleaded a lack of vests as the reason they didn’t go in against a murderer with a rifle. Can’t have anyone looking into that.

Yep, the Uvalde police can be real brave when an unarmed, grieving parent starts cussing.


(Hat tip to Wisco Dave)

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Jews. Guns. No compromise. No surrender.

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