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We're the Only Ones Providing a Valuable Lesson Enough

The War On Guns - Wed, 07/23/2014 - 10:28
Hey, we want to get home at the end of our shift, and those Los Zetas guys fight back. Boy Scouts, not so much. [More]

So...how come it's not in the public interest to tell us the names of these northern border Nazis? Why is no one filing criminal charges?

And nice excuse-making, Vonderheid, you tool. If you're an example of modern Scout "leadership," I'd pull my kid out.

[Via Florida Guy]  

Controlled Opposition

The War On Guns - Wed, 07/23/2014 - 10:02
Token MSNBC "Republican" Joe Scarborough once more shows what an ignorant and elitist tool he is. [Watch]

The function he serves is to allow them to label anyone more "conservative" an extremist and no doubt a hater.

We're the Only Ones Unfavored Enough

The War On Guns - Wed, 07/23/2014 - 09:53
Prosecutors also said that Silas called one of the officers who had responded to the scene and asked them to do him the "favor" of removing the evidence recovered from the victim's home. During a second phone call to the officer, Silas admitted he had been shooting bullets into the ground when one accidentally went through the victim's window, prosecutors said. [More]Gosh, if this can happen to a highly-trained law enforcement professional, imagine how dangerous it would be to trust undisciplined amateurs like you and me with guns.

[Via Neil W]

Rules for the Commoners

The War On Guns - Wed, 07/23/2014 - 08:20
"Assault weapons are a subclass of unreasonably dangerous firearms developed and adopted for their military effectiveness, with features appropriate for military and some law-enforcement purposes, but which are not commonly owned generally, or commonly used for self-defense," Fader and his colleagues wrote. [More]Fader and his colleagues, of course, are goddam hive insect liars. Funny, how the "progressives" want it both ways, with the Miller opinion essentially saying "protected" guns had to have demonstrable military utility.

And thanks for that "in common use" anchor weight, "conservative/originalist/constructionist" Scalia. Not only does it drag us down, it effectively denies any new developments in arms to We the People.

Looks like some of us are just going to have to ignore the tyrants' edicts and do what we know is right.

Moms Demand Erasers

The War On Guns - Wed, 07/23/2014 - 07:46
This totally figures. [More]

We've seen it before from her kind.

Nice to see the Democrat whose name describes his ambition returning to these pages.  These headcases provide all the contrast and fodder we need every time they do practically anything.

We're the Fauxnly Ones Embracing New Arrivals Enough

The War On Guns - Wed, 07/23/2014 - 07:30
Hey, someone's gotta show 'em how the system works... [More]

Constitution Says Kennedy "Flawed Justice"

The War On Guns - Wed, 07/23/2014 - 07:26
Mote, meet beam... [More]

[Via Jess]

This Day in History: July 23

The War On Guns - Wed, 07/23/2014 - 07:21
As a writer for a public journal, it is very important for my career to gain the esteem of prominent people, and your excellency's esteem is something that I would like to have. [More]

19 Year Old Uses Shotgun to Shoot 2 Armed Home Invaders, Killing 1, to Save His Girlfriend

Guns Save Lives - Wed, 07/23/2014 - 04:07
A 19 year old resident in Pennsylvania had to use deadly force to defend himself, his girlfriend and his home when two armed men forced their way in and opened fire. According to TRIB Live, The apartment resident, whom authorities did not identify, told police that one of the men shot into the door of […]

BREAKING: First Murder at a Target Store Since Company Asked Gun Owners Not to Carry

Guns Save Lives - Tue, 07/22/2014 - 19:49
We have the first documented case of someone being killed at a Target store (in the parking lot in this case) since the company asked gun owners not to carry in the stores (this was a request, not a ban). According to ABC7, Authorities say the shooting happened at Hatteras Street and Sepulveda Boulevard at […]

[Video] Arizona Couple Both Grab Guns to Fight Off Home Invader

Guns Save Lives - Tue, 07/22/2014 - 17:43
A suspect who broke into a Peoria, AZ home chose the wrong victims. When the suspect made noise moving around the home, Alexis Allred woke her boyfriend and grabbed her pistol. Her boyfriend, Matt Lucking, a firefighter and rodeo competitor, grabbed the shotgun that is kept by their bed and racked the slide. Right after […]

Cumulative August 2014 "Florida Firearms" book update

Florida Firearms Law, Jon Gutmacher esq. - Tue, 07/22/2014 - 16:48
Florida Firearms – Law, Use & Ownership  – cumulative update 7th edition only, for August 2014 
copyright 2014 by jon h. gutmacher

This is a cumulative update for the 7th edition of the book printings in 2013 - 2014, only, including the "2014" version of the 7th edition.   Major changes include a correction to flare inserts, and the addition of a brief summary of HB 89 passed in the 2014 legislative session.    The page or chapter number for  the "2014" version of the 7th edition prefaces each change or update. An update in "chart form" will be available on my website by mid-August for download.   You may download and distribute this update so long as the full title and my copyright information is included.   The update is currently in draft form, and may be revised before hitting the website in August, so you may want to wait until then, and just use this as a reference until then:

16-20 Weeks v.  State, 39 Fla. L. Weekly D 35 (Fla.  1DCA 2013), clarifies the mess created by the Bostic case.  In Weeks,  the appellate court held that only the firing or ignition mechanism of a gun determines whether it qualifies as an “ antique replica” or  "antique firearm" regardless of the date of manufacture, or whether it has other features such as a scope.  Thus, a black powder muzzle loader with a percussion cap firing system qualified as a “replica” with the court finding the statute is unconstitutionally vague as to what exactly a “replica” is not, and a felon could not be convicted for having such a gun.  Conflict with the Bostic case was certified to the Florida Supreme Court.  Thus for now, it depends in what part of Florida you live as to what an “antique” firearm is, or isn’t  – at least until the Florida Supreme Court settles it.

30    Effective July 1, 2013,  Florida Statute 790.065 has been amended by extending the definition of “committed to a mental institution” to include anyone admitted per the Baker Act for involuntary examination where the examining physician found the person to be an imminent danger to themself or another, and the person agrees to voluntary treatment after being furnished written notice that they may lose certain firearm and CWP rights if they agree.   There are other requirements, and there is a court procedure to restore firearm rights upon proof that the person “will not be likely to act in a manner dangerous to the public safety, and the granting of relief would not be contrary to the public interest.”

80 The Florida Department of Agriculture, Division of Licensing website  has changed to:

72 new reciprocity  –  Iowa has been added, Washington deleted, and Pennsylvania only recognizes the Florida CWP for actual Florida residents.

135 Correction:   BATFE has determined that any smooth bore insert fitted into an emergency rescue flare gun or flare launcher to allow firing of a cartridge or shotgun shell makes the device “any other weapon” under the National Firearms Act, whereas a rifled bore insert of less than ½ inch diameter would be considered an ordinary “pistol” if all the other characteristics of a pistol were retained.  Catastrophic failures have occurred in flare guns using some inserts. See,  ATF 2/25/2010 opinion letter 903050:MCP – 3311/2010-339 at http://www.gaugemate.com/images/stories/gaugemate/batf.pdf.  

113 &  171-176 In  Florida Carry, Inc.  v.  Univ.  of North Florida, 38 Fla. L. Weekly D 2592 (Fla.  1DCA 2013), the appellate court held that only a “school district” may prohibit a securely encased firearm in a conveyance, and neither a college or university qualifies as a “school district”.  This confirms dicta in an earlier decision out of the Fourth District, and firmly establishes that you may have a securely encased firearm in your vehicle on any college or university campus in Florida despite any conflicting rule.   Obviously,   this should also apply to any other type “school” not run by and in a “school district”.

187-188 Visa Waiver program entrants are not considered “non-immigrant aliens” and therefore can rent or use firearms in the United States, and purchase ammunition anywhere.  However, they still cannot purchase a firearm (except for export) unless they qualify as a resident of a state.  Same for most citizens of Canada and Bermuda, unless they entered on a visa.   Entry into the United States is now online through ESTA, along with a passport.

204 While a backyard range is subject to any existing noise ordinances, once it goes into operation, any later noise ordinances cannot make it illegal or a nuisance.  Moreover, any new neighbors upset by a previously operating home or commercial range may not complain of noise issues.  Florida Statute 823.16
211 State v.  Caamano, 105 So. 3d 18 (Fla.  2DCA 2012), held that law enforcement officers are not entitled to claim immunity from criminal prosecution as to the amount of force used in making an arrest as such is totally determined  by Florida Statute 776.05.  

222 Brown v.  State, 113 So. 3d 103 (Fla.  5DCA 2013), merely reconfirms that a deadly weapon can be used without using deadly force, and the issue is usually a jury question.

236 It is now established that Florida Statute 776.012 works independent of 776.013.  Little v.  State, 111 So. 3d 214 (Fla.  2DCA 2013).   Unfortunately, legislative changes in 2014 contained in HB 89 have almost totally obliterated the distinctions, and substantially impaired the immunity protections that used to exist in 776.012.

249 Little v.  State, 104 So. 3d 1263 (Fla.  4DCA 2013), held that Florida Statute 790.25(n), allows open or concealed carry of a firearm in any "place of business" which is defined as "simply a location where business is transacted”, thus a union official was at his “place of business” and lawfully carrying concealed without a CWP when he was in the parking lot of the union hall he was visiting for union purposes.   Likewise, Santiago v.  State, 77 So. 3d 874 (Fla.  4DCA 2012), reaffirmed that a person may conceal carry without a CWP at their own residence premises.

259-261 State v.  Williams, 127 So. 3d 890 (Fla.  1DCA 2013), citing to prior case law held that a stray shot that caused injury to a bystander is not a criminal violation if done in lawful self defense against another.

262 CCW Safe,  Patriot Legal Protection, LLC, and Armed Citizens Legal Defense Network appear to offer the most protection for self defense situations – at least on paper.

308-310 Mobley v.  State, 39 Fla. L. Weekly D 64 (Fla 3DCA 2014), is probably one of the most important self defense cases involving the use of deadly force because of the fact pattern.  In that case the appellate court held that the defendant was entitled to SYG immunity where he and a friend were violently attacked by two individuals.  When the second man reached into his pocket the defendant believed he was reaching for a weapon and shot him dead.  The appellate court, in holding that the defendant was entitled to dismissal of the charges under SYG held that: (1) it is not necessary to give a warning before using self defense, and (2) that a citizen using deadly force need not see a weapon on the other individual so long as  a reasonably prudent person in those same circumstances and with the same knowledge of the defendant would have been justified in believing that, and therefore use that degree of force.

Chapter 11 HB 89 (Florida House Bill 89) passed into law in 2014 appears to have caused the following changes to self defense law:   (1) you can only threaten to use “deadly force” if the unlawful conduct you are attempting to prevent would allow you to actually use “deadly force”.  Otherwise, the most you can threaten is “non-deadly force”.   (2) Before using or threatening to use deadly force  – you must retreat (if you can do so in safety) if  you are not “in a place where you have a right to be”, or if you were involved in criminal conduct at the time self defense arose.

Categories: Gun, gun law

Suspect Sues Pizzeria He Robbed at Gunpoint for $260K After Workers Tackled Him

Guns Save Lives - Tue, 07/22/2014 - 16:12
Seriously? Nigel Sykes tried to rob the Seasons Pizza restaurant in Newport, Delaware at gunpoint. However, it seems that Sykes is a poor armed robber and was tackled by workers at the restaurant who then gave him a sound beating, took his gun and held him until police arrived. Now, Sykes is trying to get […]

Amicus brief in support of petitioner, Zivotofsky v. Kerry case

Dave Kopel's blog - Tue, 07/22/2014 - 16:06
Constitutional law professors submit brief in Jerusalem passport case.

"I'm Larry Pratt!"

The War On Guns - Tue, 07/22/2014 - 15:52
“Remember the ‘I’m Spartacus!’ scene from the Kubrick movie?” asked Codrea. “In this case, I’m Larry Pratt." [More]Hey, it was either that movie analogy or this one...

A Self-Invited "Guest"

The War On Guns - Tue, 07/22/2014 - 15:47
[More]We can test that criticism..

Para 1: ...Prince Law Offices, P.C., announced Tuesday.

Para 2: ...a press release ...announced.

Para 3: The City settled in spite of maintaining ... and after further insisting...

Para 4: ...the release explains.

Para 5: ... the release elaborates.

Para 6 has no quote, but nonetheless provides a link to corroborate its assertion.

Even someone who is reading-challenged would not miss all of those. What we have is one of those anonymous sadist/psychopath/infiltrator/disruptors who decided to come over and do what people who want us disarmed do. Lie and insult in order to divert attention from news they'd rather see suppressed.


I point this out merely to ... uh ... point that out.

BREAKING: Beretta Will Move Their ENTIRE Maryland Manufacturing Operation to Tennessee

Guns Save Lives - Tue, 07/22/2014 - 15:22
We previously reported that Beretta had decided not to expand their manufacuring facilities in the state of Maryland due to the state’s recently passed anti-gun laws. Now, Beretta has announced a far bigger move, they will move their ENTIRE Marlyand operation to the more gun friendly state of Tennessee. Here is the official press release […]

Accused in Calgary's worst mass murder makes first court appearance - Toronto Star

Toronto Star

Accused in Calgary's worst mass murder makes first court appearance
Toronto Star
CALGARY—A man accused in Calgary's worst mass murder is to undergo a psychiatric assessment to determine whether he can be found criminally responsible if convicted. Matthew de Grood was charged in April with first-degree murder in the stabbing ...
Suspect in Calgary stabbing deaths to appear in courtCityNews

all 44 news articles »
Categories: Non-gun violence

Class action suit settlement a setback for Philly anti-gun efforts

The War On Guns - Tue, 07/22/2014 - 14:28
An inescapable observation is that for people who don't admit to doing anything wrong, the defendants certainly appear to be taking extraordinary measures to make things right. [More]Today's Gun Rights Examiner report notes what happens when you kick an anti-gun administration squarely in the Nutters.

Gun-Toting vs Glad-Handing

The War On Guns - Tue, 07/22/2014 - 14:16
Workman makes a comparison. [More]
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