Saturday, August 31, 2013

New Naming System for Hurricanes and Extreme Storms

Washington Lawful Gun Owner Fires Warning Shots at Paraglider - Charged with Misdemeanor - Keeps Guns

Stephen B. Flinn faced off with an air-borne intruder after the glider encroached on his airspace.
A Washington man moved from the busy hubbub of the city to the quiet humdrum of the rural countryside. He quickly learned, however, his seclusion would be frequently interrupted, by paragliders.
Sixty-six-year-old Stephen B. Flinn was sitting in his living room, enjoying his newfound peacefulness in the hills of rural Douglas County when a paraglider buzzed his tower.
Flinn grabbed his shotgun and fired a warning shot into the air to “get the glider’s attention.” But that didn’t deter the pesky, flying outdoorsman. In fact, it made him pretty angry.
The airborne glider cursed at Flinn, threatening to come to his house if he kept up his shenanigans.
Undeterred, Flinn fired another shot, bringing the police to his doorstep. They confiscated Flinn’s shotgun and convinced him it would be in his best interest to call the authorities next time, instead of firing two blasts into the air.
Flinn stated he was pointing his 12-gauge shotgun away from the glider and simply trying to shoo (not shoot) the intruder away. Because of this, he is facing only a misdemeanor charge instead of a felony charge of assault.
The lighthearted article in is rife with Joe Biden jokes and an overall attitude of boys will be boys. 
Apparently the charges reflect this nonchalant attitude. 
It's extremely dangerous to fire warning shots in the air, but what's worse is the question of what else might a person capable of shooting to scare a paraglider away capable of doing?
A misdemeanor charge which after all is said an done will result in nothing more than a slap on the wrist is not enough for this dangerous idiot.  He should lose the guns.
Now, I can't wait to hear the usual suspects defend this man's actions in the name of gun rights.

Amazing Double Amputee Loads and Shoots Gun with Feet

I love this guy. "If they wanna come and screw with the US, come on"

Even Gun Shows Don't Allow Loaded Guns Inside

Screen Shot 2013-08-25 at 9.26.23 AM

Starbucks Gun Policy in Action

Florida Woman Shot at Starbucks by Friend who Forgot Gun Was in her Purse

Police say a loaded handgun in a Florida woman’s purse accidentally discharged when she dropped it in a St. Petersberg’s Starbucks on Saturday. The bullet from 51-year-old Pamela Beck’s gun struck her friend, 38-year-old Amie Peterson, above the knee. The wound was not serious and Peterson was released from the hospital late Saturday night.
Beck, who does not have a concealed weapons permit, told police that the gold-plated .25 caliber semi-automatic pistol had been given to her by her father a year ago, for protection, and that she had forgotten that she placed the gun in a spare purse. Before leaving for the Tyrone Square Mall in which the Starbucks was located, she switched purses to the spare one.
St. Petersburg Police spokesman Mike Puetz said that her purse “hit the ground hard” and the gun fired.
Police consider the shooting accidental, but have referred the case to the Pinellas County State Attorney’s Office because Beck lacked a concealed carry permit. Prosecutors are still deciding whether to press charges.

Ted Nugent's Wife, Shemane Deziel, Arrested - Gun at the Airport



Ted Nugent's wife Shemane Deziel was just arrested at an airport in Dallas, Texas ... and sources tell us it was because she brought a gun into the terminal ... TMZ has learned. 

The arrest took place at Dallas/Ft. Worth International Airport. It's unclear if Ted was with Shemane at the time of the arrest. 

Shemane has been married to the "Cat Scratch Fever" rocker since 1989 -- they have one child together. They reportedly met when Ted was a guest on a Detroit radio station, where she worked on the news team. 

Story developing ...

Gun-friendly Texas Gets Even Friendlier on Sunday

The Houston Chronicle
Already a gun-friendly state, Texas is taking steps to be even cozier for concealed handgun license holders.
Reduced training requirements for new applicants and easier options for renewal for more than 580,000 current license holders are among more than 1,000 new laws passed by the Legislature this year, many of which take effect on Sunday.
Guns — where, when and how Texans would have the right to carry them — was a session-long point of debate for lawmakers.
Texas passed its concealed handgun license law in 1995, and since then has required applicants to undergo 10 to 15 hours training minimum. That standard included classroom and shooting range instruction. But instructors said they really don't need that much time, and lawmakers cut the training requirements in half.
Starting Sunday, applicants for a concealed handgun license will be required to take four to six hours of classroom instruction before heading to the shooting range.
Sen. Donna Campbell, R-New Braunfels, said she introduced the bill hoping that reducing the number of training hours would encourage more people to apply for concealed handgun licenses.
Other changes taking effect Sunday will allow license holders to renew online and provide easier access to obtaining fingerprints for applications. Also, license holders will be certified to carry a revolver or semi-automatic pistol, regardless of what type of gun they used in class.
License holders also will be allowed to keep weapons in their car if they drive on a college campus, but campus buildings still remain among the places off-limits to concealed handguns.

Oregon Teen Killed in Accidental Shooting

Local news reports
A high school student was killed Thursday night when a friend’s hunting rifle accidentally discharged at a home in Drain, Douglas County sheriff’s officials said.
Deputies learned that the victim was at a 15-year-old friend’s home when the boys decided to handle a hunting rifle that belonged to the younger teen, officials said.
The younger boy was handing the rifle to his friend when it accidentally discharged.
The 16-year-old died at the scene, officials said.
You see, it wasn't the younger boy's fault, it was the gun's fault.  The "RILFE accidentally discharged." The writers of these articles use the English language for a living.  They purposely phrase it in the passive voice to lessen the responsibility of the human person who negligently pulled the trigger.
Young teens are too young to handle guns without adult supervision. Gun-rights fanatics keep telling us about training and education, about demystifying the gun, yet we keep reading stories like this.
Whenever a kid is hurt with a gun, an adult should be held accountable.
What's your opinion?  Please leave a comment.

Friday, August 30, 2013

Chief Kessler Doubles Down - Diagnosis: Megalomania and Grandiose Victimism

In an Aug. 6, 2013 photo, Gilberton Police Chief Mark Kessler speaks during a news conference at Nahas' office in Frackville, Pa. Kessler says he expects to be fired for posting incendiary videos in which he rants obscenely about the Second Amendment and liberals while spraying machine-gun fire with borough-owned weapons. (AP Photo/Republican-Herald, Jacqueline Dormer)


But if Kessler's worried about losing job, he's not showing it.
"If that's the price I got to pay for standing up for what I believe in, apparently for what a lot of Americans believe in, I'm willing to pay that price," said Kessler, speaking to The Associated Press at a gun range near Gilberton in northeast Pennsylvania.
If anything, his rhetoric has grown even more menacing.
This week, Kessler posted another potty-mouthed video in which he displayed paper targets with scary-looking clowns on them, dubbed "Eric" and "Danny." Those happen to be the first names of Council President Daniel Malloy and Vice President Eric Boxer, whom he has attacked on his website.
Patting an assault rifle, Kessler said, "This is the friend that Eric's going to meet today." After firing a volley at the target, he said, "Eric got a couple rounds to the head."
In an earlier video, Kessler savaged Secretary of State John Kerry as a "traitor" over a U.S.-backed international arms treaty. "COME AND TAKE IT!" he screamed, firing a machine gun.
Kessler said he posted that video and others like it partly out of frustration, and partly in an effort to get people to pay attention to an issue he holds dear: the erosion of Second Amendment and other constitutional rights.
"It was shock and awe," he said. "I could have went out there and did a nice video ... and nobody would've gave it a second look."
Now that he's achieved a measure of notoriety for his obscenity-filled rants against government tyranny and people he calls "libtards," Kessler said he worries the federal government will try to silence him. He predicted chaos if that happens.
"God help them if something should happen to me," he said. "I believe that could spark the next American Revolution."
Kessler insisted he's "not calling for anybody to take up arms against our government."
But he also warned the government would be in a fight if it ever tried to take away his guns.
"I would resist," he said. "I'd fight for freedom, and if it cost me my life, then so be it."

Georgia Pre-schooler Takes Loaded Gun to School in his Backpack - Parents Reminded about Gun Safety

A preschooler in Griffin, Ga., shocked educators after showing up to school with a loaded gun in his backpack on Tuesday. The weapon’s presence was reported by another young student and subsequently discovered by a Jordan Hill Elementary School teacher
Officials acted promptly after the educator delivered the bag to the principal, the Atlanta Journal Constitution reports. Both the police and the child’s parents were notified. The incident unfolded at the end of the school day.
Principal Anthony Aikens also used the Griffin-Spalding County School District’s call alert system to let all of the district’s parents know what had unfolded. On Wed., they will receive a letter that also details the incident.
While the student was disciplined, other pupils were reportedly not in any immediate danger. Still, the school has taken the incident seriously, with Aikens reminding parents to ensure that their children follow the district’s rules and regulations.
In Georgia, that's what they mean by taking it seriously - they remind parents.
This pathetic nonchalance is a big problem. Gun owners who allow children this young to have access to guns should be severely dealt with.
What's your opinion?  Please leave a comment.

Administration Announces Two New Gun Control Measures

April 17, 2013: President Obama puts his arm around former Arizona Rep. Gabrielle Giffords before speaking in the Rose Garden at the White House in Washington about measures to reduce gun violence.AP


One new policy will end a government practice that lets military weapons, sold or donated by the U.S. to allies, be reimported into the U.S. by private entities. The White House said the U.S. has approved 250,000 of those guns to be reimported since 2005; under the new policy, only museums and a few other entities like the government will be eligible to reimport military-grade firearms. 

The Obama administration is also proposing a federal rule to stop those who would be ineligible to pass a background check from skirting the law by registering a gun to a corporation or trust. The new rule would require people associated with those entities, like beneficiaries and trustees, to undergo the same type of fingerprint-based background checks as individuals if they want to register guns. 

But the NRA said that neither measure would reduce crime, since neither the re-importation of firearms nor the corporate gun registration is known to be a source of weapons for criminals. 

"Requiring background checks for corporations and trusts does not keep firearms out of the hands of criminals. Prohibiting the re-importation of firearms into the U.S. that were manufactured 50 or more years ago does not keep firearms out of the hands of criminals. This administration should get serious about prosecuting violent criminals who misuse guns and stop focusing its efforts on law-abiding gun owners," the NRA said in a statement. 

The types of surplus weapons that have been re-imported under this provision are all more than 50 years old, and fall under the definition of "curio" or "relic" firearms. They include M1 Garand rifles and several other models -- a list can be found here. As such, it is safe to assume that few are used in crimes.

I wouldn't argue that the M1 Garand, and other similar weapons, are rarely used in crime, but obviously the more of them we import, the more will be used improperly. The other measure, however, certainly will have an a positive affect on crime. Disqualified people should be prevented from circumventing the system in this way.

What's your opinion?  Please leave a comment.

Adam Kokesh to Stay in Jail Awaiting Trial

A D.C. Superior Court judge on Wednesday denied a gun rights activist’s request to be released from jail into a high-supervision program as he awaits trial on a weapons charge, officials said.
Judge Patricia A. Broderick wrote in an order that Adam Kokesh, 31, would remain in the D.C. jail, citing a violation of bond on a previous arrest weeks before authorities arrested him on a charge of carrying a firearm in the District outside of his home or office.
Kokesh has been jailed since his arrest July 25, after he posted a 23-second video on YouTube of himself apparently loading a shotgun in Freedom Plaza on July Fourth. He sought a change in his no-bond status during a hearing Aug 13.
In her ruling, Broderick also noted that authorities found several weapons and illegal drugs in Kokesh’s Herndon home.
Sounds like punishment prior to conviction.  What do you think?

8-Year-Old Who Shot Grandmother, Marie Smothers, After Playing 'Grand Theft Auto' Won't Face Charges

Huffington Post
An 8-year-old boy who intentionally shot his grandmother after playing "Grand Theft Auto" will continue to live with his family, a Louisiana judge ruled Monday.
Under state law, the child can't be charged for shooting 87-year-old Marie Smothers, CNN reports.
"It's not a crime if he's under 10 years old. We're still trying to figure out how to help this juvenile and his parents," said East Feliciana Parish District Attorney Samuel D'Aquilla. "It was determined that he did the shooting and it was an accident. He thought it was a toy gun, a play gun."
The shooting took place in a mobile home near Slaughter, La., last Thursday. Smothers was watching TV and caring for the boy, who was playing video games right behind her. At some point, the boy picked up a .38-caliber handgun and shot Smothers from about four feet away.
The unidentified boy has reportedly been handed back and forth between the parents and his grandmother. Law enforcement officials have said that he and Smothers had a "normal, loving relationship."
"Grand Theft Auto" is rated "M" for mature audiences and recommended for teens and adults aged 17 and older.
I suppose it's an unspoken understanding that the gun belonged to granny. The fact that it was accessible to an 8-year-old, to me, seems like a much greater offense than letting the kid play adult video games.
But, this is Louisiana, after all.  What can you expect?

Lawful Gun Owner in Spokane Shoots Himself in the Face

Deputies arrived on scene and found a 22-year-old male that had a gunshot wound to his head. He was transported to a local hospital where he is listed in critical condition.
Once deputies secured the scene, Major Crimes detectives responded to investigate the shooting. Nine witnesses to the shooting remained on scene and were interviewed by detectives. 
Preliminary evidence shows the shooting may have been accidental and self inflicted. Alcohol played a major factor in this incident. 
SPOKANE VALLEY, Wash. - A man is in serious condition at a local hospital after his gun accidentally discharged and the bullet hit him in the face.
Spokane Valley Police officers say that it happened in the early morning hours of Thursday. Police say there was a large gathering near the 300 block of south Sullivan when the man in the group pulled out a gun. Police say it accidentally went off while he was waving it in the air. No one else was hurt. 
I'm really glad they updated the story.  The first time around didn't make much sense.  Besides the amazing attributes of the gun and bullet doing all that wrong, how exactly does one shoot oneself in the face while waving a gun in the air?  It's just not possible.
One thing for sure is this. By disarming people swiftly and surely when they do things wrong with guns, far fewer incidents like this would take place because many of these guys would have already been disarmed from previous mishaps.
What's your opinion?  Please leave  a comment.

The Death Penalty for Nidal

Even if Army Maj. Nidal Hasan gets the death penalty -- which many believe he wants -- for the 2009 Fort Hood shooting massacre, he could have a decades-long wait to realize his martyrdom.

The military rarely hands down the death penalty, and it is even rarer for it to be carried out. The last service member to be executed was Army Pvt. John A. Bennett, who was hanged for rape and attempted murder in 1961. There are currently just five service members on the military's death row, one of whom has been awaiting his execution -- and fighting it -- for 25 years.

Hasan's death could come sooner if the self-professed "Soldier of Allah," who killed 13 and injured 30 in his Nov. 5, 2009, rampage, truly wants to die for his twisted cause and elects to forgo appeals. But even so, he could languish for years on the military's death row, in Fort Leavenworth. 

Thursday, August 29, 2013

Proper Gun Control Laws (not exhaustive, just the major ones)

reposted for the recent bizarre comment by Texas Colt carry

What Do We Mean by Proper Gun Control?

1. Licensing of all gun owners which would include a penal background check, a mental health background check, an eye exam, a written and practical test and approval by the local authorities.

2. Registration of all newly bought firearms which would need to be renewed after three months and yearly thereafter by presenting the paperwork and the weapon to the police.

3. Background checks on all purchases including private ones. This can be done at the local FFL dealer for a nominal fee.

4. Three day waiting period for all first purchases.

5. "May Issue" policy for concealed carry permits managed federally - same rules in every state.

6. Assault Weapons Ban using the California model which would include restrictions on extended magazines.

Definition of Hidden Criminals

Reposted yet again due to the recent popular demand.

The Venn Diagram Showing Hidden Criminals

The Venn Diagram of Gun Owners reposted from a couple years ago

A = criminal gun owners
B = law-abiding gunowners
AUB =all of the in-between guys, including but not limited to the following.

1. anyone who has ever violated a gun-law but has never been convicted of a felony.
2. anyone who abuses his wife or children in any way but has never been convicted of it.
3. anyone who is addicted to drugs and/or alcohol but has not yet been disqualified.
4. anyone who has ever dropped a gun or caused a negligent discharge.
5. anyone who has become elderly or otherwise physically incapacitated.

I realize there are others, please feel free to mention them in the comments.  And I apologize for the disproportionate diagram.  The AUB section should be much, much larger.

UPDATE: The diagram is very much out of proportion.  Circle B would be much larger than circle A and the overlapping section representing the hidden criminals would be the largest part of all.

What's your opinion?  Please leave a comment

Oxford Online Dictionary Accepts "Derp"

Business Insider

It's official: We made "derp" happen. Today, Oxford Dictionaries announced that "derp" has been added to their online edition.
According to Oxford, derp is a mass noun meaning "foolishness or stupidity" or an exclamation "used as a substitute for speech regarded as meaningless or stupid, or to comment on a foolish or stupid action." Herp derp is also an acceptable form for the latter meaning.
The pro-gun argument as revealed on these pages has been crying out for a new word to describe it. We've been knee-deep in the derp around here for a long time.  Finally, we can call it for what it is.

Wisconsin Republicans Support Gun Laws

Wisconsin Watch
In early August, amid a wave of carnage in Milwaukee, something remarkable occurred: A Republican state lawmaker called for new legislation to address gun violence, and Republican Gov. Scott Walker said the measure, sought by Milwaukee’s mayor and chief of police, had his support.
“I’m more than willing to talk with law enforcement here or anywhere else about creating mandatory minimum sentences for people who illegally possess a firearm,” Walker said, so long as the rights of others are not curtailed. “I’m all for that.”
At issue is a bill now being drafted for state Sen. Alberta Darling, R-River Hills, to mandate a three-year prison term for illegal firearm possession. Darling said she acted after talking with law enforcement officials in Milwaukee, where 23 people were shot, seven fatally, during a single week in early August.
Milwaukee Police Chief Edward Flynn “couldn’t be more pleased with the apparent bipartisan support” for tougher gun-related penalties, says chief of staff Joel Plant. Flynn wants tougher rules for habitual criminals who carry weapons or commit gun crimes. A habitual criminal, by state statute, is anyone with one prior felony or three misdemeanor convictions within the past five years. 
Plant says this will mean amending the state’s concealed carry law to bar persons who meet this test from obtaining a license to pack heat. Currently, most kinds of misdemeanor convictions cannot be used to deny a concealed carry license.
In fact, even if the change Barrett and Flynn want is adopted, a person with two misdemeanor convictions for carrying a concealed gun without a license could still obtain one on request.
Imagine that having two or three misdemeanor convictions DOES NOT prevent one from getting a concealed carry permit.  And the gun-rights fanatics wonder why we're skeptical about the supposed safety record of permit holders.
Wisconsin seems to be on track to make some improvements.
What's your opinion?  Please leave a comment.

University of Alabama Gun Policy Revised Aug. 16

The Crimson White serving the University of Alabama since 1894
The effects of a national movement surrounding gun control have trickled down to The University of Alabama’s bylaws in the form of a revised gun policy reinforcing a campus-wide ban on guns.
The University’s gun policy was revised Aug. 16 after a new state law, which went into effect Aug. 1, and left many confused about whether guns could potentially be allowed on campus, in dorms or at athletic events.
“UA has thoroughly reviewed the impact of the state’s new gun law on our policies and procedures regarding the possession of guns and dangerous weapons on our campus,” Cathy Andreen, director of UA Media Relations, said in an emailed statement. “UA believes that its policies and procedures comply with the state law. As a result, UA will not allow the possession of guns or dangerous weapons on our campus, except under the limited circumstances set out in its policy.”
The policy maintains a strict ban on guns for all but pre-approved personnel and in all places except for vehicles, under select circumstances.

It sounds more like a clarification or a reiteration than a revision. What do you think?

And what do you make of the title of the newspaper. It brings up images of hooded KKK riders, don't you think?

Salt Lake City International Airport Finding Twice as Many Guns this Year as 2012

The Transportation Security Administration on Tuesday found their 30th gun at the Salt Lake City International Airport security checkpoint — this year.
This time, a .380-caliber Smith & Wesson Bodyguard pistol was in the carry-on bag of a male passenger heading to Las Vegas, said TSA spokeswoman Lorie Dankers in a tweet. The firearm was loaded with eight rounds, one of them chambered, Dankers added.
Airport police cited the passenger with carrying a loaded firearm through a screening checkpoint.
The pistol is the same as the last one the TSA found at the airport.
The find further cements 2013 as worse than 2012 in terms of passengers not heeding the TSA warnings about guns. Last year, the TSA found 20 guns at the security checkpoints.
The TSA urges everyone to only transport unloaded firearms in a locked, hard-sided container either in or as checked baggage. All firearms, firearm parts and ammunition are prohibited in carry-on baggage.

Wednesday, August 28, 2013

Who'd Have Guessed? NRA Gunloon is Racist.

Meet David Marsters of Sabattus, ME.

SABATTUS — Selectmen Tuesday night declined to let the town vote on a proposal to require heads of households to own firearms.
Resident David Marsters proposed the vote on the ordinance, but selectmen sided with the police chief, who opposed the measure
 He cited his 23 years of military service and how every family "had a .50-caliber machine gun," to protect the house.

A .50 cal to protect the house?

Anyway,  it should come as no surprise that David Marsters isn't just a delusional NRA gunloon--he's also a racist.

Off-duty Correction Officer Shoots Son in Queens

NYC PAPERS OUT. Social media use restricted to low res file max 184 x 128 pixels and 72 dpi

The Daily News

The off-duty correction officer who allegedly shot his teenage son after they fought over the boy’s shoplifting arrest is using the Oscar Pistorius defense.

Robert Smalls, 39, claimed in court Monday he mistook his son for an intruder in their Queens home when he fired a shot into the 17-year-old’s stomach early Sunday morning.

Now the boy is relieved just to be alive. 

“I’m thankful,” Quasaun said from his bed at Elmhurst Hospital, before disappearing from the facility Tuesday morning.
The elder Smalls was arraigned on charges of felony assault and criminal possession of a weapon in Queens Criminal Court after shooting Quasaun about 4:30 a.m. Sunday.

“By the time I realized it was my son the gun had discharged,” Smalls told police, according to court papers.

Rikers Island co-workers and union delegates showed up in court to support Smalls, who offered an eerie account to detectives of how he ended up shooting his son.

According to court papers, Smalls said he heard steps inside his home Sunday and shouted, “Who is it?” 

Why criminal possession of a weapon? Being a prison guard, wouldn't he be allowed?

Regardless, I count him as another lawful gun owner who went bad. You guys are dangerous, as a group, very dangerous.

Massachusetts Man Commits Suicide in Gun Shop with Rented Glock

A Beverly man fatally shot himself with a rented pistol in front of several witnesses yesterday afternoon inside Bob’s Tactical Shooting Range & Gun Shop on Route 1, police say, resulting in the store immediately revising its gun rental policy.
According to police Chief Thomas Fowler, the 32-year-old man, whose name was not released by police, rented a Glock semi-automatic handgun from the range around noon and shot himself once in the head. The shooting was witnessed by at least a half-dozen people and caught on videotape.
Bob’s Tactical Shooting Range touts itself as the only indoor shooting range in the state. In addition to allowing access to an indoor shooting range, the business also sells firearms, ammunition and offers gun safety courses. Visitors can rent semi-automatic handguns like the one used in yesterday’s shooting, revolvers and rifles for $10, according to its website.
Fowler said in the immediate aftermath of the shooting, the store has changed its rental policy and will no longer allow individuals to rent guns. Those looking to rent guns must be with another person, according to Fowler.
Yesterday’s fatal shooting was the second presumed suicide at the Route 1 gun range in three years. In February 2011, 60-year-old Hingham man visited the business and shot himself to death. His body was discovered around 6 p.m. on the night of Feb. 23. According to the Essex County District Attorney’s Office, the man was not an employee of the range.

For ten bucks any maniac can walk in and rent a gun?  And it took the second suicide for them to change the policy?

What's wrong with these gun people?

Joe Scarborough Discussing the George Zimmerman Gun Factory Visit

Lawful Gun Owner in Maine Shoots and Kills Co-worker - No Charges - It was Just an Accident

A Franklin pest control expert working in Maine is under investigation after he accidentally shot and killed a fellow worker.

Michael Warbin, 44, fired a single shot from a .22-caliber rifle that wounded and killed Manuel Adame, 57, on Aug. 19, according to a report from the Portland Press Herald.

Steve McCausland of the Maine Department of Public Safety said Warbin was shooting the rifle to kill rodents and stray chickens inside one of the farm’s egg houses.

McCausland said Adame collapsed while attempting to leave the barn and died as he was being taken to a Lewiston hospital.

The state medical examiner’s office said Adame died of a gunshot wound to the chest and neck.

Warbin on Tuesday referred all questions to his Portland, Maine, attorney, Jonathan Berry. Berry said Warbin is not and never was under arrest and is free to leave the state. He said he didn’t know whether Warbin had done so.

Maine Deputy Attorney General William Stokes told the Press Herald last week that investigators believe the shooting was unintentional but want to know why Warbin apparently didn’t know Adame was in his field of fire


Tuesday, August 27, 2013

A couple of things to ponder...

William Rawle on the Domestic Violence Clause (Article 4, Section 4 of the US Constitution):
"Not a word in the Constitution is intended to be inoperative, and one so significant as the present was not lightly inserted. The United States are therefore bound to carry it into effect whenever the occasion arises, and finding as we do, in the same clause, the engagement to protect each state against domestic violence, which can only be by the arms of the Union, we are assisted in a due construction of the means of enforcing the guaranty. If the majority of the people of a state deliberately and peaceably resolve to relinquish the republican form of government, they cease to be members of the Union. If a faction, an inferior number, make such an effort, and endeavour to enforce it by violence, the case provided for will have arisen, and the Union is bound to employ its power to prevent it."
First off, he points out that
"Not a word in the Constitution is intended to be inoperative, and one so significant as the present was not lightly inserted."
That reiterates the point I keep mentioning from Marbury v. Madison (It cannot be presumed that any clause in the constitution is intended to be without effect;–Marbury v. Madison, 5 U.S. 137 [1803]).  So, no matter how much people may want to wish away the Militia from the Second Amendment, it would only make that "mere surplusage -- is entirely without meaning -- if such is to be the construction". 

But I have also pointed out that Rawle said this about the Second Amendment:
In the second article, it is declared, that a well regulated militia is necessary to the security of a free state; a proposition from which few will dissent. Although in actual war, the services of regular troops are confessedly more valuable;yet, while peace prevails, and in the commencement of a war before a regular force can be raised, the militia form the palladium of the country. They are ready to repel invasion,to suppress insurrection, and preserve the good order and peace of government. That they should be well regulated, is judiciously added. A disorderly militia is disgraceful to itself, and dangerous not to the enemy, but to its own country. The duty of the state government is, to adopt such regulations as will tend to make good soldiers with the least interruptions of the ordinary and useful occupations of civil life. In this all the Union has a strong and visible interest.
Rawle then goes on to point out: "The corollary, from the first position, is, that the right of the people to keep and bear arms shall not be infringed." The word "corollary" means "a proposition that follows from (and is often appended to) one already proved."

Again, that means that both clauses must be interpreted in relation to each other.

And if you want to take the next paragraph to mean personal arms:
"The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both."
I would point you to Article 1, Section 8, Clause 16, which gives congress the power to arm the militia.  It was that power that led to the Second Amendment being written:

But, it isn't so much the Second Amendment pseudo-scholarship that I want to address here as much as the belief that there is some "right" to revolt against the US Government. We also add to the overwhelming evidence that that is silly, something called the Domestic Violence clause:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
This is what Rawle is talking about when he says:
If the majority of the people of a state deliberately and peaceably resolve to relinquish the republican form of government, they cease to be members of the Union. If a faction, an inferior number, make such an effort, and endeavour to enforce it by violence, the case provided for will have arisen, and the Union is bound to employ its power to prevent it.
So, if you are going to try and use obsolete and obscure clauses in the Constitution to try and justify your silly "gun rights" position keep in mind you have a few things working against you:  history (Shays' Rebellion) and the document itself.

Of course, you could try and say that the we should use the modern meaning of the term "Domestic Violence".

BTW, Rawle wasn't the only one to point out this section of the Constitution addressed insurrection.  Here's Joseph Story:
§ 1808. The want of a provison of this nature was felt, as a capital defect in the plan of the confederation, as it might in its consequences endanger, if not overthrow, the Union. Without a guaranty, the assistance to be derived from the national government in repelling domestic dangers,which might threaten the existence of the state constitutions,could not be demanded, as a right, from thenational government. Usurpation might raise its standard,and trample upon the liberties of the people, while the national government could legally do nothing more, than behold the encroachments with indignation and regret. A successful faction might erect a tyranny on the ruins of order and law; while no succour could be constitutionally afforded by the Union to the friends and supporters ofthe government. But this is not all. The destruction of the national government itself, or of neighbouring states,might result from a successful rebellion in a single state.Who can determine, what would have been the issue, if the insurrection in Massachusetts, in 1787, had been successful,and the malecontents had been headed by a Caesar ora Cromwell? If a despotic or monarchical governmentwere established in one state, it would bring on the ruin ofthe whole republic. Montesquieu has acutely remarked,that confederated governments should be formed only between states, whose form of government is not only similar,but also republican.
As I like to say, Some people who say they are defending the Constitution need to bone up on what they are claiming to defend.

Instead, they seek to make themselves the "domestic dangers" the Constitution was written to prevent.

Ladd Everitt Discusses Martin Luther King, Jr.'s Views on Guns

Of course, we hear about how King thought about packing heat from the "pro-gun" crowd, but this is a pretty good summary from someone who knows this topic.

I keep hoping that the Open Carry movement will  backfire on the "gun rights" crowd.

Why should anyone find people openly carrying weapons in a nation at peace to be accpetable behaviour?

Dom Raso on Background Checks

In the nonsense department, this guys is worse than Colion Noir, and that's saying something. He said 76,000 failed the background check in 2010 but only 13 of them "were legally blocked from buying a firearm." In true Colion-Noir form, he tried to confuse the argument by conflating the "blocked from buying a firearm" idea with "actually prosecuted and convicted of committing a felony in order to try and buy a firearm."

The fact is ALL 76,000 were blocked from buying a firearm. This is proof that the background check system, at least where it's required, works extremely well. The question of arresting and charging people for the paper crime of lying on a government form is a different issue and has little to do with the background check system's efficacy. Gun-rights fanatics use this to obfuscate the fact that background checks work.

I should apologize right here to Colion.  Compared to poor Dom, Mr. Noir as hip, slick and cool.  Dom Raso is a bumbling and embarrassing inferior imitation.

What's your opinion?  Please leave a comment.

Lawful Gun Owner and Rebel Patriot Arrested for Brandishing

Police in Virginia Beach arrested an 18-year-old man yesterday and charged him with two misdemeanor counts of brandishing a firearm after he allegedly pointed his gun at elementary school students.

Joshua P. Dalton was in a blue pickup truck at the time of the incident, and was reportedly stopped behind a Pembroke Elementary school bus that was unloading children. Two students returned to the bus and informed the driver that Dalton had pulled a gun out and was aiming it at the bus.

The bus driver brought the children back to the school and alerted the authorities.

According to police, Dalton was upset about disparaging remarks the students made concerning a Confederate flag on his truck.

He was booked into jail and later released on bond. A female passenger in Dalton's truck was not arrested.