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Tuesday, January 31, 2012

I can't wait ...

... until Mike gets his Praxis site up:

Even more embarrassing than a student discovering your GPS tracking device on his car, as the FBI found out last year, is having to ask him to give the expensive piece of equipment back.

So security researcher Brendan O’Connor is trying a different approach to spy hardware: building a sensor-equipped surveillance-capable computer that’s so cheap it can be sacrificed after one use, with off-the-shelf parts that anyone can buy and assemble for less than fifty dollars.

That will play merry hob with your sensors ...


Is this guy ...

... ever going to go away?

“We haven’t had time to do a real analysis of the Romney race in South Carolina, but once we break that down, there was some element of anti-Mormonism in that vote,” McCain asserted. “I’m not saying all of it, but there were elements there.

A few words for ya, John - with all due respect to your service, it's time you shut the fuck up*.

As distasteful as it may be, people still have the right to judge a candidate on whatever irrelevant yardstick they choose to use (and believe me, you don't what to hear my views on private property rights). If a citizen chooses not to vote for Mormons, well that's that ... smile and thank them for participating in the process.


* You might want to apply some duct tape to that daughter of yours while you're at it.

Monday, January 30, 2012

You know ...

... I applaud you when you talk sense about gun safety:

A shooting involving a child in Durham Friday brought gun safety into the spotlight, a place Rick Franks says it should stay. Franks has worked for more than a decade at Raleigh's Personal Defense & Handgun Safety Center, Inc., a retailer and shooting range that offers classes in basic handgun safety, competitive shooting and self-defense.

I fold up my hands when you tout something that isn't in your control:

Every weapon he sells comes with a gun lock.

As an FFL retailer, federal stupidity requires you to have locks (or safe security devices) for every firearm you sell. Don't make out like you're a saint ... I'll start to question your motives.

I've heard retailers talk about a lot of problems about firearms, most of them which can be solved by buying from said retailer.

The thing I have never heard (save for Commander Equipment) is a retailer talk about how the 2nd amendment is for everyone, no matter where you buy.


In which I proffer ...

... a completely new tax system:

  1. No corporate taxes - corporate earnings are eventually paid to someone
  2. First year of program, tax rate will be 2% on all income, no matter what the source, no matter the payers' tax bracket - no deductions, no exceptions!
  3. Second year, tax rate will go down to 1%, and withholding by employers will end. Taxpayers will write a check by April 15 for taxes owed for previous year. No extensions!
We'll try that out for a decade ... nah, politicians would never go for it.


Friday, January 27, 2012

JPFO alert

Meeting JPFO people.

Like you and me ...

... only better:
Knox County prosecutors will not file charges against two off-duty Oak Ridge police officers accused of pulling a handgun on a motorist during an alleged road-rage incident last month.

Brock Estep, 31, of Knoxville, alleged that two men in a Toyota Avalon attempted to cut him off in traffic as they pulled out of the Waffle House parking lot at the corner of Weisgarber Road and Papermill Drive on Dec. 15.

They flipped him off with their middle fingers, Estep returned the gesture, and soon enough all three men had exited their vehicles, according to Estep. The Toyota's passenger drew a handgun on him and, when Estep threatened to call the police, the two men said they were the police, Estep alleged.

Knoxville Police Department investigators later confirmed that the two men were off-duty Oak Ridge Police Department officers.

Sorry for the long quote. I know where that Waffle House is (and I'm sure Say Uncle doews too), not that it matters.

I am glad to know that, apparently, I can cut people off in traffic, flip them off and when they return the favor, I can then brandish a firearm and I'll be perfectly fine.

Oh, wait ...


Thursday, January 26, 2012

A interesting discussion ...

... about castle doctrine:

The woman pointed it at the intruder as he stood with his back to a wall, according to police. The woman's friend helped her steady the gun and point it.

"I told you if you came back, I was gonna kill you," she said before fatally shooting him, according to police reports.

St. Louis police sought second-degree murder charges against the woman and the man. But prosecutors declined to file them, citing the castle doctrine.

That's because prosecutors know when they've got a lemon on their hands. I know I wouldn't vote to convict, and if I were on the grand jury, I'd No True that sucker quick.

This seems to be more of a rural vs urban thing to me. Where I live (rural) there would be hardly a tear shed if a man, having twice violated a protective order, was put down (yes, I said Put Down).

Up here on the mountain, we understand the concept of logical consequences; if you fuck with someone, there's a possibility that they may fuck with you right back, only harder. Urban dwellers don't seem to see things that way, expecting the police to magically 'be there in time'. I understand that the deputy sheriff may be pretty far away and I will be expected to handle things myself until he gets there.

I won't want to, but I will if I have to ... up to and including deadly force.


Wednesday, January 25, 2012

The devolution of America ...

... continues:

"I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer,"

Vox says it best:

It's always interesting to see the logical contortions through which America's corrupt judges go when they are determined to reach a conclusion that flies directly in the face of the Constitution. Given that Americans have "the right to remain silent" as well as the right to be "secure in their papers and effects", there is no way that a judge can legitimately order any American to cough up a passphrase.

This is just one more piece of evidence demonstrating that the federal government is corrupt, lawless, and unconstitutional.

This is the result of this case.

America is dying ...


I know I'm late to the party ...

... but I've been waiting for this:

All of these things were done in your name. On your behalf. To help you, protect you, take care of you. Each time you gave them more power and gave away more of your freedom. Each time you believed them when they said they were protecting you, or helping the less fortunate, or sticking it to “the rich” who “aren’t paying their fair share”.

Each time you applauded their efforts. Mocked those that were concerned. Called them uncaring or racist or alarmist or stupid. Each time you asked for more. You begged them to take care of you, protect you, right wrongs, enforce equality.

But now that your Internet porn and bit torrents are threatened, NOW you care?

Larry Correia's co-author Mike Kupari wrote about how firearms owners have been putting up with the gun-equivalent of SOPA for a long time, and nobody helped.

Welcome to the party, pal!

Tuesday, January 24, 2012

JPFO alert

For my Christian friends.

Radley teases ...`

... but I don't think anything good will come of this:

Florida Governor Rick Scott has ordered a new investigation into the jailhouse death of Nick Christie.

The only hope is that the family gets a ton of money from the sheriff to help their suffering, but I'm sure they'd like to have their father/grandfather back instead.


Monday, January 23, 2012

Whaa, whaa ...

... whaa:

Tennessee is among 34 states that don’t require any background checks for private sales of firearms, even if the sale is handled by an online site.

Here we go again ...


This ...

... is what governments do:

Back when the smoking bans were spreading across the country, those of us opposed to them made the point that you could make many of the same arguments about perfume and cologne that ban proponents were making about second hand smoke.[...]

But you can’t really make a reductio argument for too long before someone embraces it.

That's right ... some are wanting to make it illegal to wear too much perfume.

Can we start shooting yet?


Saturday, January 21, 2012

Trying out the meme ...

... overheard in the living room:

Wife: I've got a first-world problem over here ...

Me: What, is Freecell not dealing the cards fast enough?


Friday, January 20, 2012

Like David said ...

... if you only read one thing today, let it be this:

In the end, Terry, Diaz and Meyer found themselves on the sharp end of the stick for their efforts: the US Department of Justice, agencies like DHS and the Department of State, and the usual entourage of corporate and political underwriters, including the government of Mexico, all had a hand in creating scenarios designed to transform good guys into villains, narratives that ended in Terry’s death at the hands of a cartel gunman, Diaz’s imprisonment for ‘exercising excessive force’ during the arrest of a suspected drug trafficker, and in Meyer’s case, the loss of a high-paying job with a multinational defense contractor, and blowback that now has this decorated young veteran on the ropes in the court of public opinion.

Consider–if Terry, Diaz and Meyer had ‘occupied Wall Street’ instead of the killing zones along our SW border and in Afghanistan, they might have been poster boys for the March of History, and on top of it all, alive, free, and gainfully employed.

This essay is long but believe me, it's worth your time. h/t David and Mike


Yes ...

... we are winning:

State Sen. Ron Gould is pushing a state law that would allow Arizona citizens with permits to carry concealed weapons on college campuses.

That's fine with me.

The columnist is apparently a liberal, since he goes on to mention that the reader is likely waiting for his "zinger" disputing what he's just said, but overall he is looking at reality. Gun laws don't stop anything.

And I think it's about time we started calling a spade a spade when we debate these things.


Thursday, January 19, 2012

Toaster says it ...

... pretty well:

Totally and completely Kooky! Listen to what he would do...
Go read what I think, but said much better!


Schadenfreude ...

... it's what's for breakfast:

if this heart-warming story of a self-righteous activist being beaten to death in his sleep by seals doesn't put a little spring in your step this morning, you simply cannot be considered to have evolved sufficiently claim membership in homo sapiens sapiens.

Authorities initially thought that the activist had been done in by the fishermen he tried to thwart ...


Wednesday, January 18, 2012

Help defeat tyranny ...

... go here and support TJIC.

Radley Balko ...

... can really get your blood boiling:

A 66-year-old Melbourne man with dementia spent a month in the hospital after he was violently arrested in October 2011 by officers from the Melbourne Police Department in Melbourne, Florida. The officers who arrested Albert Flowers charged him with battery on a police officer, but a dash-cam video obtained this weekend by WFTV Channel 9 News in Central Florida shows that Flowers did not assault either officer before being kicked in the stomach, punched repeatedly, choked, and Tasered.

You'll have to follow the links to view the video, since it's not embed-able.

One thing I noticed was that, as the officer was trying to gain control of the suspect, there was ample opportunity for a bystander to pull a small handgun and cap the cop in his Brain Housing Group.

I fear that's where we're going to end up.


JPFO alert

Violence solves a lot.

Tuesday, January 17, 2012

Some common sense ...

... coming from (formerly) Great Britian:

Every good mum in Great Britain needs a gun. Law-abiding citizens should have full power and ability to protect themselves against criminals and evildoers. Despite America’s current failing economy and self-obsessed political leaders, the United States of America is blessed with a Constitution and subsequent Bill of Rights. There is one right that is exceptionally practical; and that is the Second Amendment, the right to keep and bear arms.

At least I think it's coming from Great Britain.


Take this quiz

I need some work ... only 67%.

Cop or Soldier?


Monday, January 16, 2012

Progressives ...

... really don't get it!

Some have wondered if Harrop was in on the joke ... I can't see how she couldn't have been. Then again, they are somewhat dense aren't they.


This kind of law ...

... needs to be universal:

The state will pay a Longview man nearly $123,000 almost exactly two years after he was acquitted of assault after waving a gun at employees of a downtown Longview nightclub. Most of the money will go to his lawyers.
It only helps if the citizenry keeps up with how often DA's are losing ...


Saturday, January 14, 2012

JPFO alert

Moses and the righteous use of force.

The Hillbilly Bone ...

... you know you've got it!

Friday, January 13, 2012

You know what they say ...

... about broken clocks:

The U.S. Department of Justice’s Civil Rights Division has urged a federal court to side with a Howard County man in a lawsuit over his cellphone being seized by Baltimore police at the Preakness Stakes after he filmed officers making an arrest.

I forget what the other one was, but this is the second thing I agree with the executive about ...


This ...

... is what governments do:

In this episode, a New York restaurant that earned a top grade of “A” barely five months ago was shut down after the owner made a recording on his iPhone of an inspection by the city health department.

I guess it doesn't pay to not pay ...


They keep using that word ...

... I don't think it means what you think it means:

Fifty-nine percent of self-identified conservative Republicans say they find Romney acceptable

Because Romney is not conservative.

If Obama claimed to be a conservative, would anyone believe him?


Thursday, January 12, 2012

The Hughes amendment and what do we do about it

It seems that Sebastian and I have a disagreement, although I feel that we're probably closer than we think. Sebastian wrote a post about the NRA and the Hughes amendment, one that gave the NRA credit for trying to get Hughes reversed (which I disagree with). The failure of the NRA to reverse Hughes apparently rests on the political climate, ignoring the fact that the House voted against the amendment.

My intial comment on the post was that the argument in the case Higgins v Farmer was weak, whether the NRA helped out or not. Relying on the ATF to interpret a law in a citizens' favor is a fools' errand. I also noted that the decision in US v Rock Island Armory is a much better argument against 922(o).

On this, Sebastian and I agree.

Where we start to go apart is that to me, the defect of 922(o) is fatal, while Sebastian merely notes that prosecutions for possession will simply go on under 922(o) (1) [possesion prohibited].

I believe that the court in US v Rock Island addressed this in passing, but didn't mention it specifically since it wasn't the question before the bar.

The court in Rock Island Armory made several references to the passage of the National Firearms Act, as well as it's re-enactment in 1968, and the constitutional questions that came up during deliberations. Repeatedly, the legislature conceded that that they had no police power to ban machineguns, but only the power to tax them:

In the 1934 hearings, Attorney General Homer S. Cummings explained in detail how the NFA would be based on the tax power. National Firearms Act: Hearings Before the House Committee on Ways and Means, 73rd Cong., 2d Sess., 6 (1934). Cummings denied that machineguns could be banned, because "we have no inherent police power to go into certain localities and deal with local crime. It is only when we can reach those things under ... the power of taxation, that we can act." Id. at 8.

When Congressman Harold Knutson asked "why should we permit the manufacture, that is, permit the sale of the machine guns to any one outside of the several branches of the Government," Congressman Sumners suggested "that this is a revenue measure and you have to make it possible at least in theory* for these things to move in order to get internal revenue?" Id. at 13-14. Cummings agreed: "That is the answer exactly." Id. at 14. The following dialogue ensued:

Attorney General CUMMINGS.... If we made a statute absolutely forbidding any human being to have a machine gun, you might say there is some constitutional question involved. But when you say, "we will tax the machine gun," ... you are easily within the law. [emphasis added-pm]

So there at least was the recognition that machineguns could not be banned outright, lest the constitutional question be raised. The NFA '34 was constitutional only under congress' authority to raise revenue (tax).

Additionally, the court noted that upon re-enactment of the NFA with the passage of the Gun Control Act of '68, congress explicitly declined to enact a measure that would affect powers held by the states under the 10th amendment:

The National Firearms Act was reenacted as Title II of the Gun Control Act of 1968. Congress rejected a proposal that would not have been based on the power to tax. Fred B. Smith, General Counsel of the Treasury Department, noted that the proposal "would make it unlawful for a person under 21 years of age to possess a National Firearms Act firearm." Federal Firearms Act: Hearings Before the Subcommittee to Investigate Juvenile Delinquency, Judiciary Committee, U.S. Senate, 90th Cong., 1st Sess., 1088 (1967). Smith stated:

It seems doubtful that the ... provision can be justified under the taxing or commerce powers, or under any other power enumerated in the Constitution, for Federal enactment. Consequently, the Department questions the advisability of including in the bill a measure which could be construed as an usurpation of a (police) power reserved to the states by Article X of the United States Constitutional Amendments.

If the reader will remember, US v Miller hinged on the falsehood that short-barreled shotguns were not in use by the military (or related to the militia), and so was not entitled to 2A protection. This is demonstrably not true of machineguns as they are in common use in every military and militia the world over.

Therefore, it is my humble laymans' opinion, the absolute ban on machineguns could not withstand judicial scrutiny, and that at least 922(o) should be repealed and machineguns go back under regulation under the NFA.

Your comments are welcome.


*This passage indidcates me that the intent of the NFA was to make it as hard as possible to own machineguns and other NFA weapons by placing a confiscatory tax on the weapons.

Hey, it's a feature ...

... not a bug!

Thinking of getting a penis tattoo? Apparently, they come with the risk of a permanent erection. Let's see if we can get through this one without a Jason Stackhouse joke... Nope!

That all I'm gonna say ... h/t Ace's headline sidebar


Wednesday, January 11, 2012

A bit on my disdain ...

... for the media and the inevitability of Romney.

I just cobbled together a spreadsheet that tallies the primaries and totals the votes garnered by the candidates in total. Here's how they stack up:

  • Romney 34.4%
  • Paul 22.3%
  • Santorum 14.4%
  • Gingrich 10.7%
  • Perry 3.9%
  • Huntsman 11.4%
Notice that after two primaries, the media would have us believe that Romney is the presumed nominee, and that the closest Not-Romney is [anybody but Paul].

I suppose SC will be the real test, since that's where Romney might falter first. It really doesn't matter, since Romney is the most 'electable', and to me a Romney candidacy means four more years of Obama (whether it's actually Obama in the seat or not).

It all academic ...

Update: I rest my case.


One step forward ...

... two steps back:

Some residents at Danville Park Apartments are outraged over police firing at two dogs on the walkway outside their front doors.

The residents said the shooting killed one animal, injured another and put the tenants in danger of gunfire that left bullet holes in doors, walls and a wooden deck around 2 a.m. on New Year’s Day.

Witness accounts of the shootings contradict the reports of officers and a supervising sergeant.

Witness accounts contradict ... surprise, surprise.

I'll grant that an 80lb boxer is a formidable animal, but when police bust into an apartment (did they have a warrant?), what do you expect a large dog to do? h/t Radley


Sheriffs standing up ...

... against the federal government. Be sure to follow the links, and pay special attention to Sheriff Gil Gilbertson's treatise. Some are paying attention ...


Tuesday, January 10, 2012

These are my people ...

... you really need to go read. This is one of the most moving things I've read in a long time.


It's not the size of the cat in the fight ...

... it's the size of the fight in the cat:

h/t Ace's Friday video dump

Encryption geeks ...

... look out:

In 2010, authorities took Ramona Fricosu’s Toshiba Satellite M305 laptop with a warrant in a case investigating real estate fraud. But the laptop really couldn’t provide authorities with any information: it was encrypted.

Now, Wired reports, a U.S. District Court Judge is set to rule on whether Fricosu should be forced to open up her computer. It’s the first time such a case will be decided in federal court.

Back when I first heard about PGP and was looking at the tips on passphrases, I saw one tip that mentioned that a person might choose a passphrase that admits to a minor crime, so that he could legitimately claim 5th amendment protections. h/t Ace's headline sidebar


Monday, January 9, 2012

The picture ...

... gets clearer:
This one, from the Standard-Examiner is headlined “Suspect had a bomb,” and repeatedly, explicitly refers to a “bomb” that police detonated in Stewart’s closet. Meanwhile, this one, from the Salt Lake Tribune, quotes an ATF spokesman.
The ATF spokesman said that to characterize what was found to be a bomb was inaccurate.

Two stories, two very different conclusions. I urge you to rear the whole article at Radley's.


Big SCOTUS case ... Updated!

... today:
But the arguments are scheduled to be heard Monday before the U.S. Supreme Court, where Damien Schiff, of the Pacific Legal Foundation, will be arguing that the EPA must be subject to the rule of law and the agency cannot simply issue orders violating others’ property rights without giving the owner his or her day in court to argue that the agency is wrong.

This is the case of an Idaho couple who bought property in a subdivision (amongst other houses) and were told by the EPA that they had to un-do the foundation work and restore the land because it was a 'wetland'.

The big issue is that the EPA decisions are not subject to court review, and that's a big deal. I'll be watching the SCOTUS blog to check for a transcript.

Upedate: From SCOTUSblog:

Perhaps the most telling aspect of this case, as it goes to oral argument, is that the Court reached out to take it despite the complete unanimity in the lower courts on the absence of court review of the EPA’s compliance orders before they actually are enforced, under the various laws that the agency enforces. It is quite rare for the Court to step in under those circumstances, and the temptation is strong to conclude that the Court has granted review in order to reverse.
Updated! - Transcript here

In keeping with the meme ...

... here's my candle.

It's an FEG PJK-9HP riding in a Bianchi 82 Carry-Lok (I'm thinking about a paddle holster). The candle is a plumber's slow-burning candle, used for non-bump-in-the-night emergencies!


JPFO alert

Firearms freedom can be habit-forming!

Sunday, January 8, 2012

JPFO alert

Reflections on a terrible day.

Saturday, January 7, 2012

Anxiously awaiting ...

Update - looking like a Jose Guerena case:

Stewart's father, Michael Stewart, said his son works a night shift at a local Walmart and may have been sleeping when police arrived.
And he's obviously dangerous, driving around with no insurance ....

... details about the shooting in Utah.

Because I suspect it's a case of someone not lying back and taking it.


Corky Jewell ...

... is my new best friend:

Corky Jewell with Hutcheson Medical center says this is the first incident the hospital has faced of this nature. Officials say the hospital acted according to their disaster plan.
But it still poses the question of how someone can get into the hospital with a gun.
“if you get someone who is of a mindset to do someone harm they will find a way to do it. So I don't feel that that's an issue of this place being unsafe,” says Jewell. [emphasis added]

Common sense, though there will be many who can't grok ...


Friday, January 6, 2012

Aaron's monthly opportunity ...


Give it a shot!


Don't let anyone ever tell you ...

... that Tai Ji is a low-impact exercise!

Went to my first class last night, and the warm-up kicked my ass. I'm much more out of shape than I realized.


Thursday, January 5, 2012

The sad thing is ...

... she'll probably win:

Despite the fact that she's already accepted a class-action payout, she'll not get laughed out of court (it being Kalifornia).

But then, what do you expect?


Wednesday, January 4, 2012

Here's how I see it.

Chicago FOP supports this:

Officials with the Fraternal Order of Police in Chicago have said the union supports the law because it prevents people from making baseless accusations against officers by recording them and then releasing snippets th

Officials with the Fraternal Order of Police in Chicago have said the union supports the law because it prevents people from making baseless accusations against officers by recording them and then releasing snippets that don't reveal the full context of the incident.

But Kutnick counters that people should have the right to record public police activity and that officers who perform their duties properly shouldn't mind the scrutiny.

at don't reveal the full context of the incident.

But Kutnick counters that people should have the right to record public police activity and that officers who perform their duties properly shouldn't mind the scrutiny.

This regarding Illinois' stupid eavesdropping law. Everyone in puiblic should be able to record anyone else in public. If you end up in court, you play your recording and I'll play mine.

May the most accurate account win.


Tuesday, January 3, 2012

Why libertarians (and gunnies) ...

... should be on board with Ron Paul re Iran.

One of the biggest things that libertarians in general (and gunnies in particular) hate is the idea that you can stop bad behavior by passing a law (or a resolution). Firearm owners for years have had to put up with the most onerous regulations imaginable, and yet, crime still happens. History shows that even those who are 'prohibited' from owning firearms just don't care and get them anyway.

Why should it be any different for nation-states and nuclear weapons?

You'll get no argument out of me that Iran is a bad world actor, but so what? There are lot's of bad actors in the world, but we don't threaten military action on them all, do we? The US developed nuclear weapons first but we didn't bomb China or the Soviet Union when they started developing theirs.

Like firearms, bad nation-states will get nuclear weapons ... one way or the other. And one day, a bad actor will use a nuclear device on another country, maybe even us. The only thing we can do is promise so much retribution that the bad actor is afraid to use his nukes.


Monday, January 2, 2012

I'm sure if he's called to account ...

... he'll say he mis-spoke:

Thirty-seven-year-old Billy Joe Moiser Jr. resigned after pleading guilty last Wednesday to a misdemeanor Stalking/Harassment charge; however, Jefferson County District Attorney Jason Hicks says the charge is not about stalking.

"I think it's disappointing to see a law enforcement officer to engage in this type of conduct," Hicks said. "You know we pride ourselves on being above the law and anytime you see somebody engage in this type of conduct it's bad, but when it's a law enforcement officer I think it makes it that much worse." [emphasis added]

I believe that Mr Hicks needs to be heartily invited to resign, immediately.


Sunday, January 1, 2012

Starting the New Year ...

... right!

When your kids hurt himself doing something dumb, explain that "Pain is just God's way of saying 'Next time think.'"

Add your own parenting hint @ #parentinghint.