Blog
Law & Order
Duty to Discriminate
There is no such thing as freedom without responsibility.
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
In a case of first impression, three judges wrote three opinions in the case, KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels, 49A02-1501-CT-42, but the majority affirmed the trial court’s denial of judgment on the pleadings in favor of KS&E Sports. Runnels alleges the gun dealer made a negligent, reckless and unlawful sale of a .40 caliber handgun to Tarus Blackburn. He and convicted felon Demetrious Martin were at KS&E Sports together when Martin told store personnel which gun he wanted. The two left, and Blackburn returned a short time later to purchase the same gun, which he sold to Martin for a $50 markup in the gun store parking lot.
Two months later, Runnels stopped Martin’s vehicle on reports he was involved in an armed robbery and shooting. Martin stepped out of the vehicle and fired twice at Runnels, and one bullet hit him in the upper pelvis. Runnels fired back, killing Martin. ATF traced the gun to KS&E Sports and Blackburn.
There are times and circumstances that invoke a duty to discriminate, and there are times when discrimination is a legal requirement, and failure to do so can be the "proximate cause" of a crime or tort.
This case is a good example of the fact that there is no such thing as blanket immunity from the fundamental requirement to act reasonably and responsibly.
/fl
Law & Order
The Shift Continues
FBI chief James Comey and his investigators are increasingly certain that presidential nominee Hillary Clinton violated laws in handling classified government information through her private email server, career agents say.
Some expect him to push for charges, but he faces a formidable obstacle: the political types in the Obama White House who view a Clinton presidency as a third Obama term.
With that, agents have been spreading the word, largely through associates in the private sector, that their boss is getting stonewalled, despite uncovering compelling evidence that Clinton broke the law.
“I think that the pressure is definitely building,” Bolton [said]. “And just take the politics out of this for a second. What Hillary Clinton and her top aides did is not just make a few small violations of laws to protect classified information. They made wholesale violations and they did it for a sustained, indeed for a four-year period.”
From a variety of perspectives, the concept of ‘law and order’ appears to be dramatically coming to a close… What then?
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Law: Background Checks
Do Background Checks on Private Firearm Transfers Help Stop Mass Public Shootings?
Contrary to some of the things that we see and hear in the media, the graphic below presents an 'educated' answer to the question:
A copy of the research paper upon which this graphic is based is available here.
/CPRC
Service Dogs
Veteran Service Dog Legislation Introduced
Washington, DC – Rep. Ron DeSantis (FL-06) held a press conference today to introduce the Puppies Assisting Wounded Servicemembers (PAWS) Act.
“The PAWS Act is a simple bill that could have a dramatic – and potentially life-saving – effect on the lives of many. As we face an epidemic of veteran suicides, we must make sure that all of our returning servicemembers are honored and taken care of, no matter the wounds they bear.”
Helping to end drug dependency, "shrink" dependency, and suicide. The rewards of a properly managed assistance-dog program are incalculable!
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Oceanography
Rogue Waves
Rogue waves have long been one of the sea's mysteries. They can damage and even sink vessels. Now, researchers at the Massachusetts Institute of Technology have come up with an algorithm that predicts when they are about to strike.
K9 Veterans: Happy Veterans Day!
Military Veteran Dogs Have Their Day
This year will mark the eighth year that K-9 veterans will be honored for their service to the country on Canine Veterans Day, March 13. The day is in recognition of the duty and sacrifice that military working dogs perform in service to their country.
The idea of a K-9 Veterans Day originated with retired military working dog (MWD) trainer Joe White, who wanted recognition for dogs that serve in military, law enforcement, and other capacities. He selected March 13 because it is the official birthday–March 13, 1942–of the U.S. Army K-9 Corps and this year marks the 74th anniversary.
“Dogs have served with honor throughout the history of our country’s birth and growth, and have served at many jobs in all of our wars,” White said. “They, too, served, bled and died for our freedom.”
Through White’s efforts, then-Governor Charlie Crist declared the date as K-9 Veterans Day, making Florida the first state to do so. Since that time, 13 other states have followed suit, including California, Delaware, Georgia, Illinois, Michigan, New Jersey, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia and Wisconsin.
Following the attack on Pearl Harbor in 1941, the U.S. Army received the first nine American-trained sentry dogs. From those nine dogs, the U.S. Army Canine Corps was formed. Before the end of the war, it grew to a force of more than 10,000 dogs.
Today, military service dogs perform many duties, including search and patrol; explosives detection; search and rescue; guard duty; and as companions to wounded service members who suffer with post-traumatic stress disorder and traumatic brain injury. Among law enforcement ranks, dogs perform patrol, search and rescue and detection duties for drugs, explosives, arson accelerants and cadavers.
This year Canine Veteran’s Day will be observed at locations throughout the country at U.S. military outposts around the world.
To learn more, go to: https://www.facebook.com/NationalK9VeteransDay
Law & Order
Signs of the times
GREENLEAF, Idaho (KBOI) —
"Welcome to Greenleaf, Idaho. This is Not a Gun Free Zone."
The signs have been up for a few months, and residents say they reflect the attitude in the town.
"We are a big family out here in Greenleaf," said Kelly McBride, who has lived in the city for over 10 years. "It's a small town. I think all of us having a gun shows that we are a respectable society."
This is simply a way of saying that the citizens of this town are secure in the fact that they are American citizens who enjoy, amongst other things, the civil rights guaranteed by the United States Constitution, and that they will not hesitate to use those rights to protect their town, their lives, and their property — a town that will not tolerate outlaws.
That sort of thing used to go without (needing) saying.
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Safety at Sea
Rule 5 — and a whale!
Mariners should all be familiar with Rule 5 in the COLREGS; its intent is to prevent collisions at sea, but it can also prove beneficial, and life saving, in other ways — as noted in this article by Melissa McKenzie.
Locating a person adrift at sea is no easy task. With only a head visible, it can be difficult to spot someone bobbing on the water’s surface in the vast Pacific Ocean. Even magnified by binoculars, a shadow the size of a pencil eraser is nearly impossible to find amidst the waves and solar glare.
In the case of three divers who went missing off Molokai, Jan. 18, 2016, their sighting by a boat crew could be credited to a sharp lookout and a little luck. Well, a combination of a sharp lookout, luck and a whale.
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