The Legal Brief has continued to build upon its successful launch into a fantastic no-nonsense resource for the gun community. Attorney Adam Kraut, an associate at the Firearms Industry Consulting Group and Prince Law Offices, P.C. takes the years required to earn his J.D. and boils critical legal topics relevant to the gun world into practical snippets.
Unfortunately, I am late to publishing one of his latest Briefs, a review of the legal basis of modifying one’s firearm. Mr. Kraut, Esq. breaks down the due process that one will go through post defensive encounter and basically so long as one used their weapon in legal self-defense, one is free to modify their weapon as they see fit.
That said, if one is charged there is the potential that one’s modifications could be used to show the intent of the shooter, but its nearly unheard of (Adam states he’s never heard of one, which as a firearms attorney is a significant statement).
The key is, as always, the totality of the circumstances is the key. A modified firearm, assuming the modification does not cause a negligent discharge, is only a minor issue, if its an issue at all.
My take? Modify away on functional bits such as triggers and non-functional aesthetic options such as colors. However, stay away from items that could be construed to show intent such as a “Smile, Wait for Flash” on the crown of a barrel, etc.
Of course, there is the additional caveat regarding the brand, style, and type of ammunition. Your attorney’s defense team may need a firearms legal expert (like Massad Ayoob) to explain to the folks who were unable to avoid jury duty why you were carrying ‘cop-killer bullets’, or Black Talons or some other ‘evil sounding’ named ammunition. And why the extra rounds? (magazine(s), speedloader(s))? Were you planning to ‘fill ’em full o’lead’?
And, at least some of this depends on geography. Is your prosecutor in gun-hating New York or California, of gun-friendly (generally) Arizona?
Also, do you want your special, custom, smith-worked-on machine to be held in a dusty evidence room until after the trial? Some folks shoot their custom guns for fun, but carry stock guns they won’t miss if they are stored away in a gov’t evidence room (from which evidence has been known to have been played with, tampered with, and/or disappear?)
Many things to consider when you carry. And what you carry?
Peter (of Bayou Renaissance Man) posted a concise analysis of the the hows and whys of where this election could possibly go.
And, it’s NOT a positive post!
At least for those of us who believe in this Constitutional Republic and Individual Liberty.
His last paragraph:
I remain convinced that if Clinton wins, this Republic cannot survive in its present form. She and her urban elite supporters have already all but trashed our Constitution, blatantly selling themselves and their public offices to the highest bidder. If they win again, they’ll trample underfoot what remains of our nation. We’ll be swamped by illegal aliens, many of whom will vote (illegally or not) for the party that promises them the biggest handouts. If our Republic and Constitution are to be preserved, I fear this election may be the final opportunity to do so via the ballot box.
You should really go and read the whole post.
And it’s precursor.
I’ve posted before regarding how this Republic is unique in history, and how even the Romans probably thought they would continue forever. I think most folks don’t read history or blogs. They are too busy trying to eke out an existence, living paycheck to paycheck, hoping the Government won’t continue to tax them into oblivion, or continue to erode their God-given rights to dust.
If they even consider such things.
They feel they are tiny cogs in the uber-machine, and have no control over the inevitable outcome.
And that The American Experiment will not continue forever.
Peter says: “If our Republic and Constitution are to be preserved, I fear this election may be the final opportunity to do so via the ballot box.”
What could happen after that is too painful to consider.
Please VOTE, as if your Life and The Republic depends on it!
I fear it does…
from Brock Townsend
No, not THOSE 300 (the Spartans – “Molon Labe”, etc.)
Those of you who have read this blog for more than a week (poor bast***s) know me well enough to know I was raised on TV and movies. I’m still hooked, and love nothing more than wasting my time in front of the idiot box selecting from either live television or the DVR.
Besides, I cannot afford to do much else.
And television has evolved from my childhood in the 50’s (3, 4 or 5 channels, shutting down at night with The National Anthem, followed by a ‘test pattern’ – youngsters, ask anyone born before 1960!) to a multitude of cable and satellite networks broadcasting 24/7, numbering in the hundreds, visible on flat digital TVs, tablets, PCs and even smartphones. From pretty much anywhere in the ‘civilized’ world!
Of course, much of it is crap! 😛
Didn’t Steve Martin say, “147 channels and nothing’s on.” ?
Of course, I can watch Underwater Argentinian Curling at 0300, if I choose! (just kidding, but not by much.)
I didn’t pay much attention to the actors of my youth (except the character actors – love them!), specifically, the number.
The few shows from Hollywood, those from NYC, how many actors were in that pool in say, 1956?
Fast-forward to 2016, with all this technology, with all these networks and shows, all these choices…
How many actors in this pool?
I contend it’s roughly 300. Because of my largely unscientific but copious viewing habits, I’ve noticed actor A on that series (lead) when that series gets cancelled, shows up on a new series (as a second lead) almost immediately!
And if THAT series gets cancelled, they magically appear in a third, almost immediately. As a special guest. One week, the guy’s a federal special agent, the next he’s a city cop. And in 13 weeks (or less) he appears as a metrosexual TV reporter.
Of course, most of these folks are extremely ‘talented’, (or at least pretty people!)
Look at Ted Danson. He began as a murdered cop in ‘The Onion Field’, Went to ‘Cheers’, then ‘CSI’, then ‘CSI Cyber’ and now ‘The Good Place’. With lots more in between.
It just seems I keep seeing the same actors in different roles on different shows in different seasons. Sometimes, it’s the only way I find out the previous show was cancelled!
And watching reruns makes it even more confusing. I just watched an episode of Law & Order Criminal Intent (2001-2011), with Michael Emerson (as the main bad guy). He has an ‘affair’ with Cara Buono, whom he ends up murdering. (Victim #3).
Move to Person of Interest (2010-2015). Michael Emerson is now Mr. Finch, the creator of ‘the machine’ who spies on everyone, and Cara Buono guest stars as Martine, whose job it is to assassinate Finch and his agents. While I’m certain Mr. Emerson put in a good word with the casting folks, it further acknowledges the almost incestuous nature of the 300.
And why there are only 300.
Well, back to the idiot box…
Well, I’m still here.
OH! You mean the ‘funny’ stuff?
Yeah, it’s been awhile. It’s difficult to find humor in an election year when things remain dire, could get MUCH worse, and the choices seem to be between Tweedledum, Tweedledummer, and Dummer STILL!
Below is a cartoon, so it
should might have some humor…
(Probably not as much as you were hoping for!)
Pearls Before Swine
Or MORE crooked?
Or, is it just the Directors? (You choose)
Hoover’s FBI was (in)famous for being anti-communist, anti-civil rights, and very much ends-justify-the means (black bag jobs, COINTELPRO, illegal files on EVERYONE. Assassination?)
So much so when ‘Open Territory’ occurred (code for Hoover dying), it was reported the secret files were destroyed (yeah, right) and Congress passed legislation limiting the FBI Director’s job to ten years. (Hoover was the FBI Director for 48 years!)
And we went through 10 directors since Hoover’s death, the eleventh (and current) being James Comey.
And post-Hoover we had illegal wiretapping, intelligence gathering, false flag operations, Ruby Ridge, Waco ad infinitum, ad nauseum.
But, according to the TV show (the FBI) and the movie (the FBI Story), the FBI was alleged to be a band of stalwart patriots, fighting communists, anarchists and criminals with equal aplomb.
And now we have Comey, a blue-ribbon candidate who seems to have dropped the ball on prosecuting Secretary of State Clinton.
from Free North Carolina:
Of course the Obama administration was not going to prosecute Hillary Clinton
When considering the recommendation of Federal Bureau of Investigation director James B. Comey against a prosecution of Hillary Clinton over the e-mail scandal, bear two things in mind.
First, for all their pretensions about the insulation of law enforcement from politics, the FBI and the Department of Justice are agents of the executive branch. As a matter of constitutional law, the power they are delegated to exercise is the president’s, and they wield it at his pleasure. The highly ambitious men and women in coveted executive-branch leadership posts always have the option of honorably resigning if they find the president’s bidding too unsavory to do; but if they remain, they do what is expected of them.
The ‘national fiction’ continues regarding the Republic’s pre-eminent law enforcement agency.
Yep. I’m speaking of the recent dustup of things long-time ago said by candidates.
Mr. Trump has been recorded using language that might have originated in a high school locker room. As has Secretary Clinton (at least in print). And her husband. And Jack Kennedy.
And, The President.
Use (or non-use) of such language, of course, is not a qualification for The Presidency.
My question is, what ever happened to the character of individuals? Used to be persons with character aspired to be The President. Washington, Jefferson and John Adams come to mind. All persons of character. Each very different. (Yes, I know Washington and Jefferson owned slaves…)
They were human. I suspect they might have uttered socially-inappropriate language in private moments.
But they rose to the challenge to move this Constitutional Republic forward.
I don’t see that in any of the current of recent candidates.
Now, it’s reported by the Clinton’s that they have victims of rape by Mr. Trump coming forward! Seriously? Not only is the timing questionable, but the whole pot-kettle thing!
I know politics by it’s very nature is dirty. Regardless:
I weep for The Republic.
The Civil Rights Act of 1964 (link)
This act, signed into law by President Lyndon Johnson on July 2, 1964, prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. This document was the most sweeping civil rights legislation since Reconstruction.
Here we are, in our ultra-modern, colorblind society, 52 years later…
USC ‘Segregated’ Dorms?
Columbia University to host no-whites-allowed student leadership retreat
What’s good for thee, but not for me?
This BLM nonsense (and it’s additional illegitimate spawn) have ’empowered’ persons of color to take back the power they somehow missed, and do their own thing.
I see this as an extension of the street wisdom of ‘whitey don’t know anything – we must find our own way’, complete with no basic understanding of language, history or culture. (Ebonics, the 3/5 compromise, etc.) Making well-meaning but ignorant folks easily manipulated (Lenin’s Useful Idiots, again).
Just as the Fabians, the communists, Saul Alinsky and many others planned!
And they have their willing accomplices in the media and government fueling the fires! And approving illegal, segregated activity.
It’s back-of-the-bus for YOU, whitey!
Hasn’t anyone learned anything?
No, this is NOT a heretofore undiscovered John D. MacDonald Travis McGee novel!
A Clinton campaign email released as part of the Wikileaks data dump earlier today talks about the need to maintain political power by producing “an unaware and compliant citizenry”.
The email was sent to Hillary Clinton’s campaign chairman John Podesta by former Clinton administration official Bill Ivey on March 13, 2016.
Yeah, THAT’S the only way Secretary Clinton can maintain political power! Unawareness and compliance.
Because, if she had illicit power, the aware and uncompliant would take it from her!
Are you insane?!
from Brock Townsend
Via comment by Anonymous on Braindead SJW
Mulatto Colin Kaepernick is lionized by the Main Stream Media for disrespecting the American flag, but the MSM, the plutocratic owners of professional sports teams and the parasitical multicultural grievance industry have combined to destroy white catcher Steve Clevenger for speaking out against violent black riots. What, you thought the U.S. was a free country?
V DARE (and by extension Guffaw) will probably take heat for utilizing (or at least reposting) the time-honored word mulatto. Here in this bizzaro world created by political correctness.
YES! Mr. Kaepernick has his right to speak freely – even if many disagree with his content. Just as the Westboro Baptist Church has the right to protest ‘whatever’ funerals because The United States has not condemned gays or their activities.
FREE SPEECH is not just for those things with which we agree. It’s specifically meant to address speech with which we disagree. Even vehemently.
Now comes Mr. Clevenger (with whom I was not familiar before seeing this article), being lambasted for speaking his mind regarding criminal violence.
I’m no longer shocked, wanting to invoke Captain Renault’s famous quote.
I’m saddened, disgusted and angered.
If speech is only acceptable one-sided, it is no longer free.
I mourn for The Republic!