law enforcement interaction

This category contains 224 posts

Carrying A ‘Modified’ Gun

custom-gunfrom TFB

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?


Post-Hoover FBI Still Crooked?

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:

James Comey’s Dereliction

Via Billy

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.

Rifles In Time Square

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 Are UP!?

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!

AH!  Statistics!

We CAN’T Build A Wall!

Yep.  Costs too much, difficult terrain, yatta yatta

Mr. B, however, shows us otherwise:

A wall won’t stop illegal border crossing!

Unless, of course, you are in Turkey.

Maybe our Mexicans are smarter than their Syrians?

Odd, that.

Turkey sealing Syrian border with giant wall

The problem isn’t the wall.  It’s the will to build it.

Educated people need to balance the need to protect the Republic from drug smuggling, human trafficking, arms smuggling and terrorism with the need to protect our sovereignty and freedom here.

In short, a passive method (such as a wall) beats running willy-nilly all over the Southwest, looking for yet another border breach, and searching people and vehicles without warrants.  And airplane and drone surveillance.  (Yeah, it’s that pesky Fourth Amendment, again!)

Of course, philosophically, they need to look at WHY it’s so difficult to construct said wall, WHY the administration frowns on border enforcement, and maintaining a national cultural unity.  Assimilation?  WHY is that frowned upon?

And WHY aren’t we concerned with the Canadian border?  I’d bet folks come in that direction, as well!

Qui Bono!?  (Who benefits?) Who benefits from NOT enforcing border security, cultural cohesiveness and promoting assimilation?  And from allowing the smuggling to continue unabated, while playing at enforcement?

(Hint – It’s not just the illegal aliens…)

The Case For Background Checks…NOT!

Days of our Trailers (or as I lovingly refer to them – DOOT) posted recently regarding the hoops some guy had to go through to get a gun in his jurisdiction.  (Spoiler Alert – he received one and should not have!)

The narrative:

Guy who makes lots of mistakes in his youth turns his life around and goes straight.  Family, honest employment helping people, the works.

But he makes several other mistakes.  Big ones.

He changed his name to make things easier to move on, get a good job, not get labelled.  Fair enough.  But under his new name he is still a prohibited person…. and he went and got a gun.

How, you ask, can he do this with all of the licensing and background checks in place?

Easy… The system screwed up…. again and again.

Background check #1: FOID card. Mandatory for any purchase/possession of a firearm or ammo in the state.   30+ days for the state to conduct a background check. Falsifying information on the application is a class 2 Felony.  (question 2)

Background check #2: Firearm purchase.  NICS w/ the form 4473. State mandated 72 hr waiting period for handguns.  Falsifying information on the form is a felony (question 11c) (assuming he purchased the weapon legally that is)

Background check #3: CCW. 90 days for background check w/ fingerprints, 120 days w/o fingerprints.  3-4 months for a simple court records search.

Him merely having the gun was a felony under any circumstance.

So two or three extended time background checks and waiting periods all failed.


But lets do it again… only harder.

Because, it’s all about CONTROL!

The TSA – NOW With More Tyranny!

From Wirecutter

The U.S. Transportation Security Administration is one of those federal agencies that tends to inspire intense reactions among the traveling public. It’s a bureaucracy that interacts with millions of passengers each day, requiring their shoes, jackets, laptops—and time.
Virtually all this occurs at airports, with about 80 percent of the agency’s $7.4 billion budget spent on aviation security. Only 2 percent of the TSA’s funding goes to surface transportation, according to a report by the Office of Inspector General earlier this month. Congress is looking to change that.
Several U.S. senators want the TSA to focus more attention and resources on rail, highway, and marine transportation, which would mean greater security oversight at such places as Amtrak stations and Megabus coach stops. A bipartisan bill introduced Thursday by Senator John Thune (R-S.D.) would require the TSA to use a risk-based security model for these transport modes and to budget money based on those risks. It would require a wider use of the agency’s terrorist watch list by train operators and more detailed passenger manifests along with tighter screening of marine employees. The legislation also would increase the TSA’s canine use by as many as 70 dog-handler teams for surface transportation.

But, but…terrorism!  They’re protecting us! 

Because there are so many attempts to take buses and trains to Cuba!  And there have been so many domestic attacks on boats, buses and trains.

WHAT?  There haven’t?

I remember a time when there were few restrictions in public transportation regarding explosives and firearms, and very little occurred.  People could purchase firearms through the mail!  And the citizenry was not searched wholesale without benefit of a warrant or active crime.  And they could travel relatively unmolested.

But now…

Government has used the excuse of airline hijackings and drunk drivers in the 70’s for ‘checkpoints’, and ‘no-knock’ warrants for ‘the drug war’, and now in this century, terrorist attacks on people, planes, buildings and infrastructure to create the PATRIOT Act and NDAA to further erode our civil rights.  Rampant surveillance, secret prisons, secret courts and suspension of Constitutional Rights are the order of the day.

Emphasis on ORDER.

The TSA has stopped exactly HOW MANY attacks, now?

That’s right.  ZERO, ZIP, BUPKIS.

And how many rights have we given up?

And now, the government is trying to steal more!



A New Mobile App!

For that nazi/narc in you!

From Alan Korwin:

ATF Launches Anonymous Tip App
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has launched a new mobile app that enables the anonymous reporting of information regarding crimes or that could be used to help prevent the commission of crimes. With the reportit app, available through the App Store or on Google play, citizens can submit a tip and attach a photo or video. The information is forwarded to ATF in real time, but should not be used to report a crime that is currently in process. Submitters will have the option to provide personal information, but it is not required. (emphasis added).

The Uninvited Ombudsman notes however that:

BWAHAHAHAHAHAHAHA. Is it possible this app doesn’t already know who you are if you use it? Especially considering who designed it?

Top-notch expert: Oh I’m sure it does.
Second top-notch expert: Recommend you route any tips through Hillary’s personal email server to be safe.
Third: Doesn’t everyone know the system has to identify both ends of the address to deliver the message?
Names withheld but it doesn’t matter anymore. (end)

I remember back-in-the-day, when our State police agency had a toll-free number one could use to report vehicles with out-of-State license plates (as legal residency requires in-State licensure) TRANSLATION:  Revenue

And I thought THIS was beyond the pale!

If you see something, say something! – a current administration motto

For me, it’s a matter of degree.  Narking on your neighbors because they are behaving suspiciously (whatever THAT means?), hmmm…

Narking on the guy driving the wrong direction, erratically (which I have done)? Of course!

Being the eyes and ears of the State?  Degree, my friends.

The times, they are a changin’


It’s That Day, Again

First, please pray for the innocent victims and injured, if that’s what you do…

So many people were affected by 9/11.

Not all were the first targets and responders.

Here is one story:

debralee scott

Debralee Scott

Ms. Scott is probably familiar to many of you, especially if you lived in the 70’s.  She was ubiquitous – on TV shows such as Mary Hartman Mary Hartman, Welcome Back Kotter, Ryan’s Hope, and movies like American Grafitti and Earthquake.  I remember her guesting on The Mike Douglas Show, wherein she shared she was the (uncredited) dead nude body of murder victim Anne Mary Deacon – as she was lifted from her shallow grave, in Dirty Harry!

Being (mostly) single, and in my 20’s during the 70’s, I always found her attractive.  So this part of her story saddens me.

Ironically, she died in Florida shortly after moving there from New York City to help an ailing sister. One day she collapsed and was in a coma for several days but awoke in the hospital and seemed to be fine for a spell. She was released two days later on her birthday. No explanation was given for the coma, but she seemed fine and in good spirits. Three days later she went to take a nap and never woke up. Cause of death uncertain despite an autopsy. She was cremated.


Her fiancé had been killed in the 9/11 attacks.

The mother of her fiancé said Scott developed a drinking disorder shortly after the the 9/11 atrocities. She says, “Debralee has cirrhosis of the liver from her drinking.” The actress’ sister Jerri Scott adds, “She never did get over Dennis’ death.”. (IMDB)

Slow suicide?

We got the bastard, and many of his crew for the terrorist attacks.  But, are still fighting wars police actions overseas contingency operations against the forces who are determined to topple Western Civilization and establish a caliphate, with all the fundamentalist Muslim trappings.  Including Sharia Law.

How does one fight a war against a radical philosophy hiding within a religion, with no geographic boundaries?

We owe it to The Republic, the 2996 people killed directly, those killed indirectly, the injured, and their loved ones to find a way to stop this poison once-and-for-all!

Not to do so dishonors their memories.




I’m A Libertarian (Small L), But…

from Wirecutter:

The Heroin Task Force formed by Seattle Mayor Ed Murray and King County Executive Dow Constantine has endorsed the creation of safe-consumption sites for addicts, which would be a first in the U.S.

A majority of the task-force members support a place or places for addicts to use heroin and other drugs besides public restrooms, alleys or homeless encampments such as The Jungle, said Dr. Jeffrey Duchin, task force co-chair. The idea is that users could visit a supervised facility where they could get clean needles and anti-overdose medications as well as medical attention as needed and treatment opportunities.


Amsterdam tried this 3 decades ago and it was a disaster. Petty crime exploded and overdoses became epidemic. It didn’t work – given the choice between drugs and treatment, dope fiends will take the drugs every time.

My understanding of Amsterdam was not only petty crime skyrocketed, but organized crime did, as well.

My concerns are always about governmental costs (the current situation vis-a-vis the ‘program’, above), WHO pays for it, and WHO benefits? (cui bono).

As well as the ongoing ‘I’m a libertarian and have a right to put in my body whatever’ thing.

I have an addictive personality.  Thank God it’s not involving drugs or alcohol.  But, my personal health and families/friends have paid a price for my dysfunctional behaviors.

Obviously, locking up everyone in possession of a single rolling paper isn’t working.  (The U.S. having the largest prison population per capita – mostly for drug offenses)  I suspect the government plan above to fail.  Colorado has legality, and reportedly crime and DUIs have dropped.  Medical mj is expensive (both the card and the product), at least here in AZ.

Promoting personal character?  Sure.  Why not.

But, I don’t see an easy, simplistic solution…

"Round up the usual suspects."

In Loving Memory…