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Posts Tagged Law
A Time When Activism Is Essential
From the Volokh Consipiracy:
The Dick Act also defines the ‘‘unorganized militia.’’ The unorganized militia is all able-bodied men between 17 and 44 years of age who are United States citizens (or ‘‘have made a declaration of intention to become
citizens’’), and who do not belong to the organized militia.
Police Have No Duty To Protect You
Posted by Brian in Law, Threat Watch on 18/Jan/2013 08:09
The courts have stated on several occasions that the police do not have duty to protect you. The result of those cases is the fact that each individual is responsible for his/her life and no one else. The most famous case is Warren v District of Columbia.
Gun Owners of America discusses the case here.
Here is a more in-depth article on Warren and other cases including a deeper discussion of self defense.
Here is a Cato Institute Policy Report on self defense.
We Are The First-Responders, We Are The Guardians
Posted by Gary in Law, News, Threat Watch on 15/Jan/2013 09:37
Two conclusions from the 9-11 Commission Report that always stand out in my mind are;
- From now on, the first-responders are going to be ordinary citizens.
- Many of the failures leading up to 9-11 were the result of a lack of imagination.
Below is an essay from a School Superintendent in rural Texas who has taken those lessons to heart. The result is something he calls the “Guardian Plan”.
From: David Thweatt, Special to CNN
Good parents protect their children. We protect them from the wind, sun, fire, cold, sickness, from animals, harmful philosophy, other children, predatory adults, injury when possible, their own faulty reasoning and anything else that we see as a dangerous risk to their health and well-being. They are the future, and they are precious.
At the Harrold Independent School District in Texas, we believe we’ve done everything possible to protect our children. We use cameras, electronic security and emergency plans, and some of our staff members are armed.
D.C. Police Investigating NBC News’s Gregory
From Rueters:
Gregory held up what appeared to be a 30-round gun magazine – which would be barred under Washington municipal code – while hosting the nationally broadcast interview with National Rifle Association Chief Executive Officer Wayne LaPierre.
Court Strikes Down Illinois’s Concealed Carry Law
From Chicago-Sun Times:
In a huge win for gun-rights groups, a divided federal appeals court in Chicago Tuesday tossed the state’s ban on carrying concealed weapons and gave Illinois’ Legislature 180 days to craft a law legalizing concealed carry.
Taurus’s Concealed Carry Campaign
Taurus is promoting concealed carry with it’s Carry On Movement. I like the idea but find it ironic that a company based in Brazil, where it is illegal to own most guns, is actively promoting concealed carry.
The Disturbing, Unchecked Rise of the Administrative Subpoena
Posted by Gary in Law, News, Threat Watch on 5/Sep/2012 11:58
From: Threat Level
We Don’t Need No Stinking Warrant: The Disturbing, Unchecked Rise of the Administrative Subpoena
Meet the administrative subpoena (.pdf): With a federal official’s signature, banks, hospitals, bookstores, telecommunications companies and even utilities and internet service providers — virtually all businesses — are required to hand over sensitive data on individuals or corporations, as long as a government agent declares the information is relevant to an investigation. Via a wide range of laws, Congress has authorized the government to bypass the Fourth Amendment — the constitutional guard against unreasonable searches and seizures that requires a probable-cause warrant signed by a judge.
In fact, there are roughly 335 federal statutes on the books (.pdf) passed by Congress giving dozens upon dozens of federal agencies the power of the administrative subpoena, according to interviews and government reports. (.pdf)
Illinois State Atty Pro CCW
From Guns and Ammo:
“We will no longer use the power and authority of our office to criminalize and punish decent otherwise law-abiding citizens who chose to exercise their rights granted under them by the Second Amendment of the U.S. Constitution to keep and bear arms in defense of themselves and their families,†Dozier said in a press release.
More Insanity From the “Gun Ban” State
Democrats (surprise!) in the California state legislature want to make a law to restrict the purchasing of ammo. They also want a law to force the reporting of any purchase over a thousand rounds, to the federal government. You can find the text of the law here. More info on the idiots who proposed the legislation here.
Would anyone let this happen if they were proposing such restrictions on speech? The only time a person can be charged on what they say is when it is blatantly obvious that the person acted recklessly and negligently. That is exactly what happened in Colorado only the perpetrator used weapons. The tool should not be the focus of the crime, but the manner in which the tool was used. If someone is murdered with a butcher knife, we don’t try to ban knives, we punish the person for murder. We don’t try to ban alcohol (we tried that once) when a drunk driver kills someone, again we punish them because they were negligent. The busy bodies in government should focus on people and personal responsibility, not the inanimate objects that the people use.
Illinois Is Beating the Gun Ban Drum
Guns.com reports that Illinois governor Quinn wants to ban AR-15s and high cap mags. He is of course using the shooting in Colorado to push his ideology and will no doubt use the recent shooting in Wisconsin as well.
As reported by the Associated Press, the proposal would specifically ban the AK-47, AR-15 and TEC-9. And in a way, it would be confiscatory. In other words, if one couldn’t prove they had purchased the firearm prior to the ban, then he/she would face punitive consequences.
ReasonTV Discusses Guns in America on RTAmerica
In the wake of the shooting in Colorado, Brian Doherty discusses guns on RTAmerica.
Part of Chicago Gun Law Unconstitutional
From the Chicago-Sun Times:
Der-Yeghiayan, in a 30-page ruling, called that part of the Chicago Firearm Ordinance “unconstitutionally void for vagueness,†and said it violated Shawn Gowder’s right to keep and bear arms under the Second Amendment of the U.S. Constitution.
President Attempts To Bypass Watergate Era Spying Laws
Posted by Brian in Law, News, Threat Watch on 1/Jun/2012 19:11
From Wired’s Threat Level:
The Obama administration is set to argue to a federal appeals court Friday(today) that the government may breach, with impunity, domestic spying laws adopted in the wake of President Richard M. Nixon’s Watergate scandal.
The case tests whether Americans may seek recourse or monetary damages when a sitting U.S. president bypasses Congress’s ban on warrantless spying on Americans — in this instance when President George W. Bush authorized his secret, warrantless domestic spying program in the aftermath of the September 2001 terror attacks.
New York Attempting To Ban Knives
Here is another example of the police state’s determination to disarm its citizens of any means of defense against criminals. First it was firearms, now knives and edged weapons. Knife Rights, an organization similar to the NRA, is challenging New York on behalf of retailers and citizens alike.
From AmmoLand:
Like other retailers who were threatened with prosecution (Home Depot and Ace Hardware among them), Native Leather surrendered much of its knife inventory, made substantial monetary payments, and stopped selling a number of common pocket knives (mischaracterized by the City as “gravity knives†and “switchbladesâ€) to avoid the DA’s wrath. Because of the vagueness and inconsistency in the way the City and DA interpret state law, Native Leather still has no definite means of determining whether the DA’s office will once again allege that its knives are illegal in the future.