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?
OMAHA, NEB. — Outdoor gear giants Bass Pro and Cabela’s will combine in a $4.5 billion deal announced Monday.
Bass Pro is paying Cabela’s shareholders $65.50 cash per share. The deal creates uncertainty about jobs in Cabela’s home state of Nebraska. The combined companies plan to keep some operations in Sidney and Lincoln, Nebraska, but it’s not immediately clear how many jobs might be lost.
Bass Pro CEO Johnny Morris says he hopes to continue growing the Cabela’s brand alongside his own Springfield, Missouri, based chain.
Capital One will take over running Cabela’s credit card unit as part of the deal. Activist investment firm Elliott Management began pushing for significant changes at Cabela’s last fall. Cabela’s employs about 2,000 people in the western Nebraska town of Sidney, which has about 7,000 residents.
Yeah, I don’t know about this merger’s effect on jobs, but there is a Cabela’s 40+ miles NW of me, and a Bass Pro maybe 7 miles NE of me. If they both remain open, I vote to go to the NE location. 🙂
NOW, If I just had money…
(PS – word on the ‘Net is they are differently themed stores, and undoubtedly something will be lost in this merger. As I’m pretty much a window-shopper only, it has little effect on me. And I remember my first (and only) visit to Cabela’s. And the handgun display proclaiming a model by LES BAUER! (it should have been Les Baer) Not everyone is perfect.)
from TFB (in part)
First of all, my thoughts and prayers go out to the survivors and family members of the police officers murdered yesterday. The female officer who was killed had just returned from maternity leave. She had a four-month old child. – Guffaw
Whenever I travel somewhere, I have a tendency to notice armed police/security. Especially when they are carrying rifles. Just one week after the Chelsea bombing in NYC, my wife and I took our 4 month old to visit NYC. It was a bit of a risk since I could not legally carry in NYC, but then CCW won’t do much against an IED like what was used last week.. Anyway I noticed an increase in police activity. A lot more police officers on patrol. When I took this picture, I saw people coming up to these officers and thanking them for their service.
However these other officers stood out like sore thumbs in Time Square. They are all wearing Ops-Core helmets and what look like plate carriers. I do like that they have modernized and are using hearing protection which also doubles as communication head sets to their radios. The rifles are sporting what looks like Aimpoint Pros with rear MBUS. The front sight is a folding gasblock front sight and the railed handguards have Inforce WMLs.
I remember posting about civilian police being deployed on a regular basis in teams with selective-fire weaponry some time ago. Beginning in NYC.
And I was told this is already occurring in other metropolitan areas.
I remember active discussions in my Police Science classes (in the mid-70’s) regarding civil liberties versus police presence. And the general consensus was we, as a society, preferred NOT to have cops on every corner! Having them in teams with rifles was not even on the radar, then!
YES, we need policing. How we go about it is the question.
And how we preserve, protect and defend The Constitution (including The Bill of Rights, of course) is another question.
The fact that we even have to ask these questions in the wake of the BLM violence and the cop killings in California (on a domestic violence call) further makes the point.
How armed do we want the police to be versus the legally-armed citizenry?
Homicides in the United States went up by more than 10 percent in 2015 over the year before, while violent crime increased by nearly 4 percent in the same period, according to new statistics released Monday by the FBI.
All told, the country reported its highest estimated violent crime rate in three years, and while these numbers are far below those seen one or two decades earlier, they mark a sharp increase following two years of declines, the FBI’s summary of crime figures showed.
MORE (from Wirecutter)
WTF? Between the conservative agenda (a record number of CCW/Constitutional Carry States) and the liberal agenda (fallout from the Obama presidency) one would think murder would have been eradicated by now! 😛
Of course, if progressively-run metro areas (like Chicago, Detroit, Washington D.C., New York City) with their oppressive gun-control laws are factored out, as well as Black-on-Black and gang crime, I’d bet the numbers are even lower!
I remember (way back in the 1970s – when I got into gun stuff as an adult) fantasizing that I lived in a State that had concealed weapon permits! How cool would THAT have been? Being able to be armed – discreetly!
One of the reasons I wanted to become a cop was that very reason. It seemed sad that few States had permittage, and most of them were may issue. Usually meaning unless you were one of the special few (or perhaps funds changed hands) you either did nor carry concealed, or did not carry concealed legally!
Now, here we are in the new century, and the tide has turned. A significant number of States how have concealed weapon laws and some even passed Constitutional Carry – no permit needed!
Specifically, with the addition of Missouri, 11 States (22% of the 50!) no permit required!
41 States, and Guam(!) now have some provision for shall issue permits! (Wikipedia)
Of course, we still have States like California (and New York), with their difficult to get may issue permits, and checkerboard of convoluted and restrictive gun laws.
And with the ever-present nonsense by the Statists equating gun ownership with terrorism. (Hillary?)
BUT, things have definitely improved since the 1940’s, and in spite of warnings to the contrary regarding every CCW (carry concealed weapon) and Constitutional Carry law being passed, there has been no blood in the streets!
(It seems every time such legislation is suggested, the ANTI-RIGHTS folks trot out the same, tired meme.)
It’s been said that the American Revolution was started and maintained by just 3% of the population. In spite of the ubiquitous onslaught of the anti rights control folks, we seem to be winning!
Hooray for the responsible, law-abiding citizens, going about their private business invoking their right to possible self-defense!
Now, if we could just reverse the rampant surveillance and searching without warrant! I know, one Amendment at a time…
Pull your respective heads from the sand (or wherever) and listen up!
We saw three terrorist incidents yesterday (Saturday):
Also. there was some kind of LGBTQ manifesto found earlier, which may have been misdirection, coincidental or a false flag. Regardless:
WE ARE UNDER ATTACK!
and THIS, regarding one of the suspects:
(name excised), whom police nabbed and shot after a day-long dragnet in connection with a series of terror attacks in and around New York was a bad father who disliked America, hated gays and took long trips to his homeland of Afghanistan, the mother of his young daughter exclusively tells FoxNews.com.
More on this story: http://www.foxnews.com/us/2016/09/19/bomb-suspect-rahami-deadbeat-hated-america-says-his-daughter-s-mother.html
Whether or not the attackers have some twisted view of the religion of Allah, or Christ, the Easter Bunny, LGBTQ or LSMFT is of no consequence! Is it ‘workplace violence’? Who cares?
I DON’T CARE ABOUT THE ATTACKER’S MOTIVATION! I’M ONLY CONCERNED ABOUT PRESERVING LIFE, FAMILY, FRIENDS AND THE REPUBLIC!
THIS BEGINS WITH MY MINDSET!
War is no longer defined by geographic boundaries. Nor are the participants. Nor does the enemy seem to have signed the Geneva Convention rules.
EVERYONE is considered a combatant (or potential target) by the enemy. TERRORISTS (foreign and domestic) seem only interested in causing as much death and mayhem as possible. POLITICIANS are only interested in using these attacks to feather their own nest and denying the citizenry their natural rights.
“We’re at war, America’s at the mall.” (from a LTC in Baghdad in 2006)
Now they’ve brought the fight to the mall…
What to do?
We must take the fight to them!
How do we do that?
First, go about our daily lives. If we hide cowering, they win!
ALWAYS CARRY EVERYWHERE! REMAIN IN CONDITION YELLOW AS MUCH AS POSSIBLE. CHECK YOUR SIX.
And if you pray, please do so.
The brilliant and beautiful Tamara (one of my ubiquitous Blogmothers ™) has regaled us almost daily with her ‘torture’ tests of various models of Glock pistol and kinds of ammunition. As well as her opinion regarding gunsmithing modification and after-market parts.
Complete with specific counts regarding misfeeds, faulty ignition, ejection and the like.
And for this (and many other tidbits) we are forever grateful! 🙂
But, it got me to thinking (I know, a dangerous concept…)
Back-in-the-day, when I purchased MY Glocks (models 19,30,26, which sadly, I no longer have.), my intent was to acquire a machine that was sufficient for the task at hand out of the box. The ONLY modifications I made were installation of tritium night sights (if they didn’t come pre-installed), because that seemed appropriate for a handgun chosen primarily for self-defense.
And the school of thought at the time was something akin to ‘well, you can’t replace the stocks, the sights are okay (now that they glow-in-the-dark)’. What could I do further? Perhaps have a NY trigger installed?’ There was not a lot of tweaking even available.
This definitely NOT your great grandfather’s service pistol, the venerable 1911, designed 80 years earlier with 51 (or 53) parts (versus the Glock’s 32). A precision Victorian pocket watch versus a digital.
But, my friends, it does appear we have turned the corner. There are now numerous after-market parts for the Glock, and even modification including grinding-upon and remolding the frame!
Seems we just cannot leave well enough alone!
Perhaps tinkering is just part of being human?
There are a number of items that have come and gone during my adult life as a ‘gunnie’. The Snik holster, and The Randall (Mirror-Image) Left-Handed 1911 are two examples.
A third would be the Auto-Mag. An early effort to put revolver-powered cartridges into a semiautomatic frame. With a larger capacity, of course. 🙂
As with it’s revolver counterparts (the S&W Model 29 and Colt Anaconda) it’s designed primarily for hunting. But you know some fools (and larger folks) will carry them concealed.
Because they can!
The Firearm Blog had this, recently (in part):
If you’re even passingly familiar with Clint Eastwood’s portrayal of Dirty Harry then you’re also familiar with his trademark .44 Magnum (the – at the time – so-called most powerful handgun in the world). And if you’re familiar with “Sudden Impact”, the fourth movie in the Dirty Harry series, maybe you also know about the Auto Mag. Or perhaps you know about the Auto Mag because it’s a badass pistol we’ve been promised another chance at more than once since its movie heyday. So where do things stand as of now?
First, a little company-related background. The original Auto Mag went out of production more than three decades ago. Manufacturing costs apparently outweighed sales profits which eventually led to the pistol’s initial demise which led to a revival as a collector’s item complete with higher price tag. Many attempts were made to keep the gun on the market but in 1982, it all came to a grinding halt. Then, last year, a private investor decided to get involved. They purchased the rights, plans, and even leftover components before setting to work bringing back the Auto Mag. Now, as we edge into the fall of 2016, it looks as though progress has indeed been made.
As of August 2016, Auto Mag is an officially registered trademark. The company is offering the lucky devils who already own Auto Mags their refurbishing services and caliber conversion kits will be offered soon as well. What calibers? We don’t know yet, but you can be sure we’ll let you know when we do. As for future Auto Mag owners, your day will come once the prototype is complete. Firearm manufacturing has come a long way since 1982 in more than a few ways, meaning the new company has to take everything into consideration from metallurgy to machining.
One good move Auto Mag has made is the choice to bring Laura Burgess Marketing (LBM) in to handle the media and marketing side. Marketing matters far more than many people realize – more than even some companies even seem to comprehend – and LBM is a solid choice. LBM will undoubtedly do their part to spread awareness of the pistol’s impending resurrection and will also keep us in the loop regarding future developments.
I don’t expect to see this pistol hit production-ready status until year’s end, but it’s worth the wait. I, for one, am looking forward to trying my hand at the Auto Mag. Who’s with me?
You can keep an eye on the Auto Mag by visiting this link: https://read.automag.com/
Some years back, Jeff Cooper was asked what would be the purpose of making such a firearm. His answer? To sell, of course!
As reminded to us by Tamara
“We have a lot of people outside our house, yelling and shouting profanities,” he said. “I yelled at them, ‘Please leave the premises.’ They were showing a firearm, so I fired a warning shot and, uh, we got somebody that got hit.”
“Someone was shot?” the operator asked.
“Well, I don’t know if they were shot or not, ma’am,” he told her. “I fired my warning shot like I’m supposed to by law. They do have firearms, and I’m trying to protect myself and my family.”
This dude messed up by the numbers, killed a man, and wrecked his life and his family’s life, in addition to those of his victim and his victim’s family, all because he was stupid and believed a lot of the sort of BS self-defense advice you pick up from well-meaning ignorant morons in gun stores and on the internet.
Folks, self defense with a firearm is no joke. This is life and death stuff right here; it literally does not get more serious than that. With great power comes great accountability.
I think it was Jeff Cooper who said warning shots were tactically unsound. First, they alerted the bad guys as to your exact location. Second, they wasted a possibly valuable round of ammunition. He recommended generally against them, but if one absolutely had to, put one into a solid backstop or an advancing assailant. THAT should get their attention!
My initial CCW instructor taught us to remember every round sent downrange is a potential million-dollar lawsuit.
REMEMBER those Four Rules (see sidebar)
(Guffaw in AZ does not dispense legal advice. Find your own lawyer, and get training and liability insurance!)
There seems to be a love/hate thing whether or not your average gunnie likes Heckler & Koch (H&K). Most folks seem to hold an opinion, and it’s either completely positive or completely negative.
(In the interest of full disclosure, I owned an H&K 91, semiautomatic knockoff. Which means (maybe) as the receiver was NOT of original German manufacture, I didn’t actually own one (?) For the record, I loved her! She took all the original accessories, including magazines.)
Never had an H&K pistol, though…
I’ve known two guys who did. One, the late, great Bob Hall, who owned (and carried) several P7 single-stacks over the years. And one of my students whom I met @ TMCCC. He had a USP in .40 S&W, which he bought before we had really begun training.
He liked it (having nothing to really compare it to.)
I probably would have directed him to another brand and caliber…
John Wilson (of wilsonblog) posted recently regarding his unabashed love for his USP, in .45 ACP.
He concluded: But even with those minor problems the USP is for me. I trust my life with it every day of the week. That says everything.
Of course, we have the counterpoint oft mentioned in the Internet, of their dearth of customer service. And that quirky thing of how does one pronounce Heckler & Koch, without offending at least some folks? (different opinions about with regard to proper pronunciation).
Would I own one? Perhaps. But, as I’ve no funds – even the lesser expensive on my list have to wait.