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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?

 

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

DSC_0306

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?

 

ANY Excuse?

The BLM (NOT the Bureau of Land Management, although both foment illegal activity) seems to be engaged in using any hyperbole to start riot, criminal damage, you name it.

In the name of ‘give us what we are owed, because we are Black, and Whitey wronged us!’  Or something.

Most recently in Milwaukee, Wisconsin.

Because a police officer shot a Black man.

Milwaukee Police Officer in Deadly Shooting Was Black, Suspect Had Criminal Record

Here are Five More FACTS (courtesy of a Brock Townsend link):

1. The Officers at the Scene of the Shooting Were Wearing Body Cameras, the Mayor Says

2. A Loaded Gun Stolen From a Home During a Burglary Was Found After the Shooting

3. Smith’s Criminal Record, Which Police Called ‘Lengthy,’ Included a Misdemeanor Conviction for Carrying a Concealed Weapon & Traffic Offenses

4. The Shooting Sparked Unrest in Milwaukee That Led to Several Police Vehicles Being Damaged & Businesses Burned

5. A Friend Says Smith, a Victim of a Previous Shooting,’Was a Nice, Good Person’ Who Was ‘Really Respected’

sylville-smith-640x480

Sylville Smith

Obviously, a fine young man. (/sarcasm font)

 

(In other news, I survived the endoscopy with no ill after-affects.  Now, we wait two weeks for the results of the biopsies taken.  Thank you all for your good thoughts, prayers, texts and emails! – Guffaw)

Pat Yourselves On The Back!

(But don’t print or reveal anything untoward whilst so doing…)

(from Brock Townsend)

I think that we’ve got to reign in what has become an almost article of faith that anybody can have a gun anywhere, anytime. And I don’t believe that is in the best interest of the vast majority of people. . . . carrying guns in public places. . . .” — Hillary Clinton, May 6, 2016 at the National Council for Behavioral Health

Surprise! A new report that was recently unveiled proves that the liberal fear of gun owners is completely and utterly unfounded.

The report, which was titled, “Concealed Carry Permit Holders Across the United States 2016,” covered a number of gun issues including the rise in gun ownership and the connection between gun owners and crime. While the entire report is well worth reading, there was one section in particular that is catching the attention of many 2nd Amendment advocates. The study examined data from Texas and Florida, two states that most accurately reflect the nation at large, and found that concealed carry holders are not just less likely to commit a crime than their fellow citizens, but they’re even less like to commit crime than police officers!

Concealed handgun permit holders are extremely law-abiding. In Florida and Texas, permit holders are convicted of misdemeanors and felonies at one-sixth of the rate at which police officers are convicted.

The study also found other important correlations between American gun ownership and crime.

Yeah, the very ill candidate is wrong again.  Who knew?

NICE

What more can be said regarding the terrorist attack in the South of France?  What do we know?  A Tunisian emigre, armed with one pistol, two fake assault rifles.  And a fake grenade.  And a truck.  Chose to use the 19 ton refrigerated truck as an ‘assault vehicle’.

84 dead, another 202 injured.

And while he didn’t use either the real or fake weaponry, in largely gun-prohibited France, it took the usual solution – a call to the men with guns to stop the terrorist.

ISIS claimed responsibility.

I see two solutions here.  One short term, and a second longer.

  1. Allow the French citizenry to arm themselves.
  2. Severely restrict or cease entirely immigration from Muslim countries.  And deport those already in country who have not been carefully vetted.

AND, promote doing the same in all other nations, including the United States!

Before it is too late.

Of course, this will never happen.  Especially here, where illegal aliens make up as much as 33% of the service industry work force.

I heard on the ‘news’ the other night that one-half of one percent (0.5%) of Islamic folk are estimated to be radicalizedThis translates to one million people World-wide!

Imagine if this were a regular army?

Instead, they are agents-provocateurs (agents of change – outside agitators in the very least)!  Community Organizers?

Saboteurs and terrorists.

Free people need to be able to defend themselves.  Period.

Two folks are sitting adjacent in a jumbo jet, flying over the South of France.
One looks out the window and remarks, “That’s Nice.”  –  Bennett Cerf

(Apologies.  This is GUFFAW in AZ, after all.  Had to lighten the mood.)

Beware The Ides Of July!

July 15, for the un-Shakespearean…
(this would be TODAY, people!)

Word-on-the-street says (where IS this street, exactly?)

Be Aware And Not There! National Day of Rage July 15th, 2016

The hacktivist group Anonymous is now calling for nationwide Day of Rage protests on Friday, July 15th. The video below promotes the protests.(WARNING: There is some disturbing and graphic violence in this video):
https://www.youtube.com/watch?v=uEWtsSffvQg  [About 5 ½ minutes; it isn’t necessary to watch it for purposes of the warning being given].
Use this as a list of places NOT to be on Friday the 15th. While the video by Anonymous does specify non-violence and denounces the actions taken against police officers that were not involved in these deaths, with the tagline “Day of Rage” I think it’s safe to expect emotions to be running very high on both sides of the line. No matter how great your empathy might be for those who have unjustly lost their lives, these protests are not safe places to be.
These are the locations and times for the protests:
Phoenix: 5:00PM (EASTLAKE PARK, 1549 E Jefferson St , Phoenix, AZ 85034)
Tucson: 5:00PM (CATALINA PARK, 900 N 4th Avenue, Tucson, AZ 85705)
Little Rock: 6:00PM (OUTSIDE STATE CAPITOL BUILDING, Dr Martin Luther King Jr Dr., Little Rock, AR 72201)
San Francisco: 4:00PM (CIVIC CENTER PLAZA, 355 Mcallister St, San Francisco, California 94102)
Oakland: 4:00PM (FRANK OGAWA PLAZA, 1 Frank H Ogawa Plaza, Oakland, CA 94612)
Los Angeles: 4:00PM (LEIMERT PLAZA PARK, 4395 Leimert Blvd., Los Angeles, CA 90008)
Denver: 5:00PM (CIVIC CENTER PARK, 100 W 14th Ave Pkwy, Denver, Colorado 80204)
Washington DC: 7:00PM (OUTSIDE WHITE HOUSE, 1600 Pennsylvania Ave NW, Washington, DC 20500)
Atlanta: 7:00PM (OLD DECATUR COURTHOUSE, 101 E Court Sq, Decatur, GA 30030)
Tampa: 7:00PM (OUTSIDE HILLSBOROUGH COURTHOUSE, 800 E Twiggs St, Tampa, FL)
Orlando: 7:00PM (LAKE EOLA PARK, 195 N Rosalind Ave, Orlando, Florida 32801)
Miami: 7:00PM (GWEN CHERRY PARK, NW 71 St., Miami, Florida, 33147)
Chicago: 6:00PM (RICHARD J DALEY CENTER, 50 W Washington St, Chicago, Illinois 60602)
Des Moines: 6:00PM (IOWA STATE CAPITOL, 1007 E Grand Ave, Des Moines, IA 50319)
New Orleans: 6:00PM (LAFAYETTE SQUARE, New Orleans, LA 70130)
Baltimore: 7:00PM (201 E Pratt St, Baltimore, MD 21202)
Boston: 7:00PM (MASSACHUSETTS STATE HOUSE, 24 Beacon St, Boston, MA 01233)
Detroit: 7:00PM (Campus Martius Park, Detroit, Michigan 48226)
Lansing: 7:00PM (STATE CAPITOL BUILDING, Capitol Avenue at Michigan Avenue, Lansing, MI 48933)
Ann Arbor: 7:00PM (THE DIAG, Burns Park, Ann Arbor, MI 48109)
Minneapolis: 6:00PM (MINNEAPOLIS URBAN LEAGUE, 2100 Plymouth Ave N, Minneapolis, MN 55411
St. Louis: 6:00PM (GATEWAY ARCH, St. Louis 63102)
Carson City: 4:00PM (NEVADA STATE CAPITOL BUILDING, 101 N Carson St, Carson City, Nevada 89701)
Manhattan, NY: 7:00PM (TIMES SQUARE, Manhattan, NY, 10036)
Newark: 7:00PM (NEWARK CITY HALL, 920 Broad Street, Newark, New Jersey 07102)
Durham: 7:00PM (200 E. Main St. Durham, North Carolina)
Columbus: 7:00PM (GOODALE PARK, Columbus, Ohio 43215)
Cleveland: 7:00PM (CLEVELAND PUBLIC LIBRARY, 325 Superior Ave E, Cleveland, Ohio 44114)
Portland: 4:00PM (PIONEER COURTHOUSE SQUARE, 701 SW 6th Ave, Portland, Oregon 97204)
Philadelphia: 7:00PM (LOVE PARK, 1599 John F Kennedy Blvd, Philadelphia, Pennsylvania 19102)
Pittsburgh: 7:00PM (PITTSBURGH CITY-COUNTY BUILDING, 414 Grant St, Pittsburgh, Pennsylvania 15219)
Nashville: 6:00PM (801 Broadway Nashville, TN 37203 Estes Kefauver Federal Building)
Memphis: 6:00PM (Health Sciences Park Memphis, TN)
Austin: 6:00PM (TEXAS STATE CAPITOL, Outside South Gate-11th and Congress Ave.)
Salt Lake City: 5:00PM (SALT LAKE CITY COMMUNITY COLLEGE, 4600 S Redwood Rd, Salt Lake City, Utah 84123)
Seattle: 4:00PM (QUEEN ANNE BAPTIST CHURCH, 2011 1st Ave N, Seattle, Washington 98109)
Milwaukee: 5:00PM (DINEEN PARK, Milwaukee, Wisconsin)
And if your home happens to be in or near one of these areas, be aware that your city could be under siege. Make plans to stay safe and hunker down with emergency food and purified water, or to go someplace safer.

Source:  http://www.theorganicprepper.ca/day-…ities-07112016

Now, I truly hope these events turn into a big ‘so what-who cares’, and no one shows up!  But, given the attitude de BLM (as reported ad nauseum) it might be wise to avoid these areas and nearby neighborhoods.

I’m all about the right to protest (a fine American tradition!), but given recent events, the suggestion this is about incitement to riot and not peaceful protest is rather obvious.

And I’m too old and infirmed to be in the middle of a race riot and possible assaults on police.

Borrowed from Wirecutter and Jeffery @ The Feral Irishman

 

Police Assassination

dpdYes.  That’s exactly what it is.

MURDER as a political act.

Lets’ see…

Murder is illegal.  Murder toward a political end is illegal.  Assault with intent to commit murder is illegal.  Use of firearms by criminals is illegal.  Evading the police after the act is illegal.  Hiding perpetrators and evidence is illegal.  Hindering prosecution is illegal.

Some folks will focus on the motivation of the perpetrators.  Is it a ‘hate crime’?  WHY would the bad guys do such a thing?

As far as I’m concerned, when it comes to motivation, I DON’T CARE!  Hate crime is code for ‘you are not thinking correctly – report to the reeducation camps‘.  I’ll be a truant, thank you.  What I think Is MY business!  An assault remains an assault.  A murder a murder.

Like them or not, The Police are the thin blue line between most communities and anarchy.  Sure most homogenous communities would have some crime with or without the police.  My white-bread college town doesn’t have too much crime.  Under-age drinking; drug use and related offenses.  But what about minority communities with a fractured social structure?  South Chicago, for example?  Where the crime is largely Black-on-Black?

So, where does such criminality to attack police come from?  Certainly from police abuse against minorities, real and imagined,  as propagandized by certain political movements (communists, anarchists, Black power advocates) – politicians and community organizers meeting with their leaders, and making anti-law enforcement statements(!)

And there we have it.  If these ‘reverends’, ‘community organizers*’ and politicians actually stood up for non-violence, peace, and brotherhood.  And facts.  Perhaps acts such as occurred in Dallas would not have happened.

Facts.  That recent shooting where the Black man had a gun.  And a violent criminal record.  Not unlike that Missouri guy.  The tall, athletic guy, with a history of strong-arm-robbery, going for the security guy’s gun.

Do we not think that certain powers won’t utilize Dallas as yet another stepping stone toward abridging the rights of the law-abiding?

Double-secret probation, if you will?  Making it MORE illegal?

Our focus should first be on the good thoughts and prayers for the deceased, injured and their families.  Second, on bringing the perpetrators to justice.

And third, on stopping crime in fractured neighborhoods.  Instead of just letting them fester.

A tall order, I know.

 

*didn’t we used to call them outside agitators?

PoliceOne. Gun Control Zero!

Or, at least, a sniveling 14%!

from Wirecutter

PoliceOne, a private organization with 450,000 members (380,000 full-time active law enforcement and 70,000 retired), polled its members in 2013 shortly after the Newtown, Conn., massacre. Eighty percent of respondents said allowing legally armed citizens to carry guns in places such as Newtown and Aurora would have reduced the number of casualties. Another 6 percent thought the presence of legally armed civilians would “likely” have prevented the innocent casualties altogether.

According to police and prosecutors, there have been dozens of cases of permit holders clearly stopping what would have been mass public shootings. It’s understandable these killers avoid places where they can’t kill a large number of people.
FROM HERE

Because so-called ‘gun free’ zones work so well…

_______________________________________________________

(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to www.projectwelcomehometroops.org/#22kill

22 VETERANS COMMIT SUICIDE DAILY

Even ONE of these heroes making this choice is unacceptable! (Day #16 of 22)

Tap…Rack…Assess…

Then what?

I recall the ‘old days’, wherein the meme was tap…rack…BANG!

(a clearance drill – tap the magazine to make certain it’s properly seated, rack the slide to remove any miss-fed ammunition or poorly-ejected cases, then reengage)

The problem with that was.  People revert to their training.  They were discharging their weapons as a matter of course, 1…2…3!

(The story goes some folks were unnecessarily shot due to following this training!)

Now, when applied to Modern Policing…

Utterly Useless: Armored vehicles and SWAT team waited outside the Orlando club for nearly three hours.

 https://i1.wp.com/a.abcnews.com/images/US/AP_orlando_swat_02_jef_160612_12x5_1600.jpg
As long as they come home at night……………
Danny Banks, the Florida Department of Law Enforcement’s special agent in charge, said at a news conference, “In that time, we need to set up, re-evaluate, reassess what’s happening and make sure that all the pieces were in place.” Unbelievable
At approximately 5 a.m., the SWAT team made the decision to rescue the hostages, officials said.
Police set off controlled explosions inside the club to distract the gunman. An armored vehicle smashed through a wall of the club, and officers swarmed in behind. Eleven Orlando Police officers exchanged gunfire with the shooter, according to Mina.
“We made a decision to do an explosive entry on the outside of the club to get to those people, and our SWAT team at that time encountered the suspect somewhere in that area, near one of the doorway entrances, and shot and killed him,” Mina said.
More @ ABC
Now, I understand prudence in both an interpersonal encounter wherein one needs to tap, rack and assess, and a team of police outside a violent crime scene also needing to assess the situation
But, THREE HOURS?

_______________________________________________________

(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to www.projectwelcomehometroops.org/#22kill

22 VETERANS COMMIT SUICIDE DAILY

Even ONE of these heroes making this choice is unacceptable! (Day #14 of 22)

The YANKEE And COWBOY War

Back in the 70’s there was a book about political conspiracies released call The Yankee and Cowboy War.

Authored by a leftist, anti-war guy, he postulated that (then) modern politics in the U.S. was derived from the ‘battles’ between Eastern (U.S.) influences and Western influences.  Kennedy versus Reagan, if you will.

Of course, his thesis was destroyed by Bushes from Kennebunkport being the same as those from Texas!

But much of the country still thinks in these generic terms.  Yankee (Wall Street) bad versus Texas (big oil) bad.

And Southerners/Westerners being more freedom-loving than New Yorkers remains a meme.

In my sense of bigotry.

But, now comes THIS…

You may have heard of civil asset forfeiture.

That’s where police can seize your property and cash without first proving you committed a crime; without a warrant and without arresting you, as long as they suspect that your property is somehow tied to a crime.
Now, the Oklahoma Highway Patrol has a device that also allows them to seize money in your bank account or on prepaid cards.
It’s called an ERAD, or Electronic Recovery and Access to Data machine, and state police began using 16 of them last month.
Here’s how it works. If a trooper suspects you may have money tied to some type of crime, the highway patrol can scan any cards you have and seize the money.
“We’re gonna look for different factors in the way that you’re acting,” Oklahoma Highway Patrol Lt. John Vincent said. “We’re gonna look for if there’s a difference in your story. If there’s someway that we can prove that you’re falsifying information to us about your business.”
Troopers insist this isn’t just about seizing cash.
MORE
-Jeffery in Alabama

OKLAHOMA!  The West!  Where people are alleged to be more free(?)

Soon (I’m certain) to be coming to a State near you!  “…without a warrant and without arresting you, as long as they suspect that your property is somehow tied to a crime.”

SOMEHOW.  Yeah, there’s your probable cause and due process.

RI-IGHT!

“We may have all come on different ships, but we’re in the same boat now.”  –  Martin Luther King, Jr.

h/t Wirecutter

_______________________________________________________

(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to www.projectwelcomehometroops.org/#22kill

22 VETERANS COMMIT SUICIDE DAILY

Even ONE of these heroes making this choice is unacceptable! (Day #12 of 22)

"Round up the usual suspects."

In Loving Memory…