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Gun Free Victim Zones Create ‘Sitting Ducks’ Says Federal Judge!

(Courtesy of Fill Yer Hands, in part)

In a landmark ruling today (08-16-14) in the lawsuit against Cinemark by victims of the Aurora, Colorado theater shooting, US District Court Judge R. Brooke Jackson ruled that because they are Gun Free Victim Zones,

“the patrons of a movie theater are, perhaps even more than students in a school or shoppers in a mall, ‘sitting ducks.’”

This means that the owners of the Century Aurora 16  Theater should have known its patrons faced a risk, and taken steps to protect them, which they did not.

Perhaps this is FINALLY the beginning of the end of forced victim, free-fire, targets-of-opportunity zones.  Now, if we can extend this to all schools, colleges, churches and government buildings, we can take back some of our sovereignty!

And our right of self defense.

Another ‘Special Interest’?

Australian judge says incest may no longer be a taboo

Via avordvet
Judge in Australia says incest may no longer be a taboo and the only reason it is criminal is potential birth abnormalities, which can be solved by abortion

A judge in Australia has been criticised after saying incest may no longer be a taboo and that the community may now accept consensual sex between adult siblings.
Judge Garry Neilson, from the district court in the state of New South Wales, likened incest to homosexuality, which was once regarded as criminal and “unnatural” but is now widely accepted.
He said incest was now only a crime because it may lead to abnormalities in offspring but this rationale was increasingly irrelevant because of the availability of contraception and abortion.
“A jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now ‘available’, not having [a] sexual partner,” the judge said.
“If this was the 1950s and you had a jury of 12 men there, which is what you’d invariably have, they would say it’s unnatural for a man to be interested in another man or a man being interested in a boy.Those things have gone.”

I had some had concerns about multiple marriages following in the footsteps of gay marriage.  Some of those folks have surfaced judicially.  And the NAMBLA folks have also jumped on the bandwagon.
This is the the libertarian conundrum – if every human has rights, including minors, how much can the State infringe on those rights for the protection of all?

Using The System Against Them

Family Stumped By FIRED Live-In Nanny Who Won’t Leave!

And, because the homeowner won’t stand up to protect his home and family, he’s left with having a tenant he doesn’t want.

Reading this, I was reminded of my early days @ TMCCC… (cue harp music signifying a return to the days-of-yore…)

I had a fraud case wherein a credit card holder (an older, retired gentlemen) had become friends, then lovers, with a women he met in a park.  He asked her to move in with him, and suddenly it was she, her young daughter, some animals, and some friends as tenants.  And she set about using his credit cards and money without permission.  THEN, she waited for him to leave the house, had him charged with domestic abuse, and had an order-of-protection taken out against him!   He was no longer able to enter his own home!

And then she and her friends turned his retirement cottage into a meth factory.

But that was not the icing on the cake.  After years of legal wrangling, he finally was able to have them extricated from his home, and jailed.  Of course, the interior was trashed, and his furniture and property sold or destroyed.  Because she had used his credit cards fraudulently, he was told the best thing to do was to file bankruptcy to get out of the debt she had created.

But he could not…

SHE HAD FILED BANKRUPTCY USING HIS SOCIAL SECURITY NUMBER!

Imagine trying to explain that to creditors, attorneys and law enforcement!

And you thought the movie Pacific Heights was harrowing!

STAND UP FOR YOURSELF!

h/t Murphy’s Law

“Duck…And Cover!”

…or just duck…

An Oklahoma company has designed a bullet-resistant blanket that’s designed to protect children and teachers in the event of a school shooting.

An Oklahoma company has designed a bullet-resistant blanket that's designed to protect children and teachers in the event of a school shooting.

The Bodyguard Blanket, made by ProTecht, is a bulletproof 5/16-inch pad that the company says is made from the same materials used by the U.S. military.

Steve Walker, a podiatrist who conceptualized the blanket, toldThe Oklahoman that the idea came to him after two tragedies: the shooting at Sandy Hook Elementary School, and the tornadoes in Oklahoma. He said the idea was to “stop that blunt-force trauma when that rubble is falling down on a child.”

The company estimates that the blanket can provide protection against 90% of all weapons that have been used in school shootings in the U.S.

The company estimates that the blanket can provide protection against 90% of all weapons that have been used in school shootings in the U.S.

The blanket has straps that can be fastened around users like a backpack. The lightweight pad is made of a high-density plastic used for ballistic armor. The material can also protect users from nails, shards of metal, and other sharp objects.

After testing the blanket at a shooting range, the makers said it provided protection against bullets from a 12-gauge buckshot, a .22-caliber, and a 9 mm, among others.

The $1,000 blankets are a cheaper alternative to tornado shelters, but its makers say they are better for school shootings. (says the manufacturer.)

HMMM…let me see…

$1000 per student (PLUS, they have to lug these things around!) versus hiring trained security personnel AND/OR TRAINING TEACHERS AND STAFF AND ARMING THEM!

I’m reminded of growing up during the Cold War, and the ubiquitous instructions for us to ‘duck and cover’ in case of a nuclear bomb attack.

And the lampooning by the 60’s college crowd of that practice, saying we should have put our heads between our legs and kiss our a**es goodbye!

h/t Facebook, Jodie Brown

(after yesterday’s ‘school shooting’ – aka a shooting which just happened to take place in a school – this was making the rounds – in addition to the usual calls for more ‘gun control laws’ – as though the kid yesterday hadn’t already violated numerous laws…THIS DOESN’T SOLVE THE PROBLEM – WHEN THESE CRIMES OCCUR, THE SCHOOLS CALL IN THE ONLY SOLUTION TO RESPOND – PEOPLE WITH GUNS!  TRAIN AND ARM TEACHERS AND STAFF!) - Guffaw

Blogger’s Rights

90 Miles From Tyranny posted a compendium of the legal mumbo-jumbo, specifically aimed at bloggers.  So I HAD to steal copy and post it!

Seriously, it’s good information regarding legal precedents in the blogosphere.  I advise all my brethren and sistern to drink from his pool of knowledge:

Bloggers Rights

Bloggers' Rights
One of EFF’s goals is to give you a basic roadmap to the legal issues you may confront as a blogger to let you know you have rights and to encourage you to blog freely with the knowledge that your legitimate speech is protected. To that end we have created the Legal Guide for Bloggers a collection of blogger-specific FAQs addressing everything from fair use to defamation law to workplace whistle-blowing.
In addition EFF continues to battle for bloggers’ rights in the courtroom:
Bloggers can be journalists (and journalists can be bloggers).
We’re battling for legal and institutional recognition that if you engage in journalism you’re a journalist with all of the attendant rights privileges and protections. (See Apple v. Does.)
Bloggers are entitled to free speech.
We’re working to shield you from frivolous or abusive threats and lawsuits. Internet bullies shouldn’t use copyright libel or other claims to chill your legitimate speech. (See OPG v. Diebold.)
Bloggers have the right to political speech.
We’re working with a number of other public-interest organizations to ensure that the Federal Election Commission (FEC) doesn’t gag bloggers’ election-related speech. We argue that the FEC should adopt a presumption against the regulation of election-related speech by individuals on the Internet and interpret the existing media exemption to apply to online media outlets that provide news reporting and commentary regarding an election — including blogs. (See our joint comments to the FEC [PDF 332K].)
Bloggers have the right to stay anonymous.
We’re continuing our battle to protect and preserve your constitutional right to anonymous speech online including providing a guide to help you with strategies for keeping your identity private when you blog. (SeeHow to Blog Safely (About Work or Anything Else).)
Bloggers have freedom from liability for hosting speech the same way other web hosts do.
We’re working to strengthen Section 230 liability protections under the Communications Decency Act (CDA) while spreading the word that bloggers are entitled to them. (See Barrett v. Rosenthal.)

What’s In YOUR Basement?

Armory Blog had this little snippet:

1927 A-1 Thompson Found in Grandma’s Basement

March 12, 2014 Rifles

1927-A-1-Thompson

I stumbled upon this post on Reddit a while back but forgot to post it. The person who found it since deleted their account (which was a good idea), not before they posted “Cleaning out grandma’s basement. This was in a box marked “christmas”. Yes, its real.” I wonder how many other hidden relics are in other basements and attics around the country.

I’m SO jealous!

And I used to enjoy fantasies of finding some dusty relic in my family’s effects and find out on The Antiques Road Show it was worth a gazillion dollars!

Of course, they won’t be able to keep it…

A ROBBERY At A Gun Shop!

Officer involved shooting near Phoenix gun shop

By Jim Cross
Originally published: Mar 3, 2014 – 6:31 am
LegendsGunShop_5.jpg

Officer involved shooting near 19th Avenue and Camelback Road after an attempted robbery at a gun shop. (Jim Cross/KTAR)

PHOENIX – A robbery at a gun shop in Phoenix led to an officer involved shooting early Monday.

Officers and a SWAT team were searching for one suspect in the area of 19th Avenue and Camelback Road shortly after 6 a.m. while two others had been detained.

One suspect may have been shot in the hand. No officers were hurt.

Traffic was stopped between Camelback and Missouri roads on 19th Avenue for a couple of hours but have since been re-opened.

As of 7 a.m. police had conducted the residential search and all side streets were re-opened.

The residential area search on 19th Ave. (OIS) is complete, side streets are open. Clearing the gun store and adjacent buildings now.

— Phoenix Police (@phoenixpolice) March 3, 2014

The light rail was also affected, with passengers being asked to get off and a bus will take them to the next station.

By 8 a.m. it was back to running on normal schedule.

Jim Cross, Reporter

Well, THIS got my blood pumping this morning!  This was the gun store where I used to hang out (and allegedly ‘worked’ part-time) a few years back!  And I saw the headline and the location and freaked out!

Of course, reporters are not lawyers.  Or cops, or even have a clue about most things, apparently (excluding Biff, of course!).

You see, it was an attempted BURGLARY of a closed store, NOT a robbery!  No store personnel were present.  It was dark out, before breakfast Monday morning!  The store opens @ 10:00 A.M.  I’m guessing crack reporter Mr. Cross doesn’t understand that robbery and burglary are NOT synonymous!

Maroon reporters!

Constitution, Schmontitution!

wirecutter spells it out.  In spades!

Supreme Court ruling expands police authority in home searches

The Supreme Court decision, based on a Los Angeles case, says officers may search a residence without a warrant as long as one occupant consents.

Not OWNER.  Not LEGAL RESIDENT.  Occupant.  You know, like all that junk mail you throw away pro-forma says on it.

A further observation from wirecutter personally…

I got news for you – if you even let a cop enter your house he can search it “for his own safety”. I found that out when my psycho ex tried to cut me and I called the cops to get it documented – 7 or 8 cops showed up (it must’ve been a slow night) and they immediately opened every door in the house looking for ‘assailants’, checking closets, behind furniture, even told me to open my safe which I refused to do. The final straw came when one of them opened a small box on the end table and I told them all they did NOT have my permission to go through my personal effects and to hit the porch, we’ll do the paperwork out there ‘for their own fucking safety’. Surprisingly they complied and everybody calmed down including myself. Hell, I even offered them all a cold beer.
But yeah, never let a cop into your house willingly. Besides, they can always say you consented to a search and it’s your word against theirs.

NOW comes the kicker!  The vanguard of the dissenters against this decision is (wait for it)

Justice Ruth Bader Ginzburg

Personally, I’d bet I’d agree more often with wirecutter than Justice Ginsburg on most things.

Who knew?

FINALLY! Some Good Legal Stuff!

AZ: State Preemption Law to Get Some Teeth

While specifically aimed at Tucson’s gun ordinances, it would apply statewide:

HB 2517, approved Thursday by the House Judiciary Committee, would change all that.

It says any individual or organization whose membership is “adversely affected” by a law they believe is illegal can sue. Challengers who win are entitled to legal fees and damages up to $100,000.

The legislation also says the court can assess a civil penalty of up to $500,000 against any elected or appointed government official if a judge determines the violation of state pre-emption laws was “knowing and willful.”

And to make sure that resonates with city officials, HB 2517 forbids the city from reimbursing the council member or employee for that penalty. It even says the official has to bear his or her own legal fees.

Of course, while the committee has passed it, there’s still a long road to travel before the Governor signs it into law.

AND…

9th Circuit Affirms Right to Carry Guns in California

From WaPo:

The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.

California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment.

More here and here.

This certainly has ramifications for gun holders in “may issue” states such as NY and NJ.  (BOTH STORIES stolen courtesy of Alphecca)

With regard to both stories, it’s about f’n time!

h/t Jeff Soyer

“Because They Can…”

Matt, a former blogger, occasional commenter and friend commented thus on a recent post of mine regarding the apparent wanton killing of a pinned suspect by ‘the authorities’.

I asked why such a thing could occur.  His answer – because they can.

This is the crux of why I’m a libertarian, and not a left-wing socialist type.  The Left seems to hold to the idea of the Philosopher King.  Someone placed in charge by the gods to rule over us lesser folk, with wisdom and compassion. Even though many of them decry gods.

But, they forget kings are people.  Human beings.  Fallible, and with feet of clay.  This is also why the gun people control folks keep trying to tweak the system.

“If there is just one more law…”  Yeah, right.

Absolute power corrupts absolutely?  You bet!

I recall a story I heard some years ago about a local small business.  The business had been burgled, and the sole proprietor diligently reported records of the missing property and damages to his insurance company and the authorities.  They never caught the burglars.  He received his insurance settlement and all was right with the world.

Except, because of all the damage, he mis-reported something that he thought stolen, and had been paid for it.  And he tried to make things square with the insurance company and the police.

But, the insurance company filed a lawsuit against him, and made certain he was charged with filing a false police report!

The end result was he lost his business, his property, and was forced to pay a large fine.

As he stood in the back of the business behind the tape, watching ‘the authorities’ confiscate his remaining property, he asked one of the agents gleefully loading it up on government trucks, “Why are you doing this to me?”

His answer.  “Because we can.”

Because they can

Because they can

I have a healthy distrust of government.  I know many government employees who feel the same.  It’s inherent in the system to accrue power.

And not give it back.

"One morning I shot an elephant in my pajamas - how he got in my pajamas I dunno!" - Groucho Marx as Captain Spaulding in Animal Crackers

This election is not about who gets voted off the island.
It’s about who is at the tiller of this Republic’s Ship of State. - Guffaw

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The Four Rules

1. ALL GUNS ARE ALWAYS LOADED.

2. NEVER POINT YOUR MUZZLE AT SOMETHING YOU ARE NOT WILLING TO DESTROY.

3. KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET AND YOU ARE READY TO SHOOT.

4. KNOW YOUR TARGET AND WHAT'S BEYOND.

Certified EVIL!

FEAR

"I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain." - Bene Gesserit, from Frank Herbert's Dune

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