Blog
Law and Order
Just where are we headed?
If you use the current U.S. Department of Justice's systemic failure as a basis, you might conclude that we are migrating toward a do-it-yourself justice system in this country; you might be right. This possibility is precisely the reason why a citizen's right to keep and bear arms is vitally important to our long-term welfare. It's not, as some fear, a picture where armed citizens take over the government, it's a picture where armed citizens step up to the plate and do what the government is failing to do—enforce the law. The federal government's failure to secure our borders has resulted in a monumental burden on state and local government—as this KRGV news article demonstrates.
What happens when we run short of local peace officers who can volunteer their spare time to help ease the burden? Then, the burden falls on armed citizens to assist in enforcing the law.
Most people familiar with American history know that in the late 19th century American West, Sheriffs would sometimes call out “the posse”–armed citizens–to assist the Sheriff in apprehending a fugitive, or providing additional support for community defense against violent criminals. What is less well known is that the institution of the posse comitatus thrives today in 21st century America.
/fl
Florida Law
Florida “Warning Shot” Bill Signed Into Law
[The following is reprinted from an online article by Andrew Branca.]
Today, [Friday, June 20, 2014] Florida’s Governor Rick Scott finally signed the “Warning Shot” bill (HB-89) that had been passed by the state House and Senate and sent to his desk way back in early April (h/t Miguel, over at Gun Free Zone).
I won’t go into all the ways that this bill is NOT a “warning shot” bill, because I’ve already done so, here: Florida “Warning Shot” Bill Passes Senate, Heads to Governor’s Desk.
One thing that might not be clear from that earlier post is that this bill does not so much create a new statute (although it does create a small one), rather it primarily serves to amend a wide variety of Florida’s existing self-defense statutes, including (note that all indented sections of this post are copied directly from the statute, hence the odd phrasing):
Amending s. 775.087 “10-20-Life,” Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence, prohibiting the court from imposing certain mandatory minimum sentences if the court makes specified written findings;
Amending s. 776.012 Use of force in defense of person, applying provisions relating to the use of force in defense of persons to the threatened use of force; providing that a person who lawfully uses or threatens to use nondeadly force does not have a duty to retreat; providing that a person who lawfully uses or threatens to use deadly force does not have a duty to retreat if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be;
Amending s. 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm, applying presumption relating to the use of deadly force to the threatened use of deadly force in the defense of a residence and similar circumstances; applying provisions relating to such use of force to the threatened use of force; removing provisions relating to one’s duty to retreat before using force;
Amending s. 776.031 Use of force in defense of others, applying provisions relating to the use of force in defense of property to the threatened use of force; providing that a person who lawfully uses or threatens to use nondeadly force does not have a duty to retreat; providing that a person who lawfully uses or threatens to use deadly force does not have a duty to retreat if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be;
Amending s. 776.032, Immunity from criminal prosecution and civil action for justifiable use of force, applying immunity provisions that relate to the use of force to the threatened use of force; limiting immunity provisions to civil actions by the person, personal representative, or heirs of the person against whom force was used;
Amending s. 776.041, Use of force by aggressor, applying provisions relating to the use of force by an aggressor to the threatened use of force; providing exceptions;
Amending s. 776.051, F.S.; providing that a person is not justified in the threatened use of force to resist an arrest by a law enforcement officer;
Amending s. 776.06, F.S.; clarifying that the provision relates to use of force by a law enforcement officer or correctional officer;
Amending s. 943.0585, F.S.; requiring the Department of Law Enforcement to provide a certificate of eligibility for expunction, notwithstanding the eligibility requirements, to a person who has a written, certified statement from a prosecutor or statewide prosecutor indicating that the charging document in the case was not filed or was dismissed because it was found that the person acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in chapter 776, F.S.; providing a penalty for knowingly providing false information on a sworn statement; providing applicability; requiring the department to adopt rules; providing an effective date.
Indeed, the only genuinely new statute created under this “warning shot” bill is:
Creating s. 776.09, F.S.; providing that a person is eligible to apply for a certificate of eligibility for expunction, notwithstanding specified eligibility requirements, if the charging document in the case is not filed or is dismissed because it is found that the person acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in chapter 776, F.S.; requiring a prosecutor, statewide prosecutor, or court to document and retain such findings.
Read the entirety of HB-89 as signed into law by Governor Scott.
Firearms Law: "Straw Purchases"
Gift Purchases of Firearms are NOT Illegal, just confusing to some people
A note from the NSSF:
On Monday, the U.S. Supreme Court ruled in a case involving a Virginia man who could legally purchase a firearm and did so for an uncle from Pennsylvania. Even though the Pennsylvania man who ultimately bought the gun was not legally prohibited from owning a firearm and passed a background check, the Court, in a 5-4 decision, said the transfer violated federal "straw purchase" law.
The ruling has resulted in confusion among federal firearm licensees (FFLs), particularly relating to gift purchases of firearms.
NSSF has asked the Bureau of Alcohol, Tobacco, Firearms and Explosives to provide clarification on the Supreme Court's decision for its firearms retailer members. As soon as ATF responds, NSSF will provide the information to all FFLs.
Meanwhile, it is our understanding that the Supreme Court ruling does not make it illegal for a consumer to purchase firearms as gifts. As expressly noted in the instructions on the Form 4473 for Section 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party [emphasis supplied].
In this case (Abramski v. United States), the Court ruled in effect that the Virginia man, a former police officer purchasing the firearm at a discounted price, was acting as agent for the true buyer-his uncle. By declaring he was the "actual buyer" on the Form 4473, the Virginia man violated straw purchase law, because in effect he was acting as an agent for his uncle who had provided the funds for the purchase.
NSSF advises retailers wanting an official clarification on how the decision will affect their business to call their ATF field office and ask for a response in writing.
On the matter of purchasing a firearm as a gift, ATF recommends firearms retailers use a gift certificate. This way the person receiving the gift can redeem the gift certificate with the retailer and get exactly what he or she wants, and there is no question about who is the "actual buyer of the firearm" and whether the person can lawfully possess a firearm.
The irony in all of this is that it doesn't slow down the outlaws one bit; only law-abiding citizens are concerned (and burdened) with following the letter of the law.
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Firearms Law: "Straw Purchases"
Supreme Court of the United States
Abramski v. United States
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FOURTH CIRCUIT
No. 12–1493. Argued January 22, 2014—Decided June 16, 2014
Petitioner Bruce Abramski offered to purchase a handgun for his uncle. The form that federal regulations required Abramski to fill out (Form 4473) asked whether he was the “actual transferee/buyer” of the gun, and clearly warned that a straw purchaser (namely, someone buying a gun on behalf of another) was not the actual buyer. Abramski falsely answered that he was the actual buyer. Abramski was convicted for knowingly making false statements “with respect to any fact material to the lawfulness of the sale” of a gun, 18 U. S. C. §922(a)(6), and for making a false statement “with respect to the in- formation required ... to be kept” in the gun dealer’s records, §924(a)(1)(A). The Fourth Circuit affirmed.
The Government charged Abramski with two federal crimes under the Gun Control Act of 1968, as amended, 18 U. S. C. §§921–931: making a false statement “material to the lawfulness of the sale,” in violation of §922(a)(6), and making a false statement “with respect to information required by [the Act] to be kept” by the dealer, in violation of §924(a)(1)(A).
Read the full (pdf) Supreme Court Decision
The defendant obviously brought a lot of extraneous baggage into this case, but there appears to have been no intent to circumvent the law governing the commercial sale of firearms. Except for the fraudulent use of employment identification in order to obtain a "trade" discount, the initial sale of the firearm at the FFL (Federal Firearms Licensee) store had the attributes of a legal transaction.
It seems to me that the defense could have been successful had they not tried to generate fog by basing their argument on some ambiguous implications. Whether or not the purchaser in this case was acting as an agent could be argued either way under the circumstances.
Had the purchaser completed the process, paid for and taken possession of the firearm for one day—and then later conducted a private sale, there would have been no basis for this charge. As it stands, I see a camel's nose under the tent, and the ability of a person to legally transfer personal property, i.e. guns, without bureaucratic interference has suffered more erosion.
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Law of Self Defense
Defending Others
The recent incident in Las Vegas, Nevada should give pause to every CCW permit holder. What to do if you stumble into an event in progress where an unknown person appears to be in peril; how do you access the facts in a way that is reasonable under the circumstances, and in compliance with your local laws. This dilemma is the subject of Andrew Branca's latest web video.
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Home invasion
Don't waste precious time
This is yet another case that illustrates the fact that a homeowner should be prepared to deal with home invaders—before they resort to calling 911.
PORT RICHEY (FOX 13) - A home invasion and robbery in Pasco County is exposing some problems in the 911 dispatch system.
It happened earlier this week on Gwain Road in Port Richey. A man called 911 after four robbers with guns broke into his home, demanded money and prescription drugs.
The dispatcher tried to transfer the call from the fire department to law enforcement side of things – but he got a voicemail just as the crooks returned to the home.
Remember the priorities.
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Sinking the Bounty
Tried and true; A Recipe for Disaster
On Oct. 29, 2012, the 108-foot-long Bounty was destroyed by Hurricane Sandy’s 30-foot seas and 100-mph gusts, and it sank 123 miles off the coast of Cape Hatteras, North Carolina. One member of the 16-person crew, 42-year-old Claudene Christian, died in the incident, and the longtime captain, Robin Walbridge, 63, was never found. He was presumed dead. Another 14 crew members were saved by Coast Guard rescuers.
THE RECIPE
Capt. Walbridge, attempting to sail an unseaworthy Bounty from Connecticut to Florida, was trying to outflank Hurricane Sandy, which was roaring toward New York. But instead of slipping around the storm, the ship crossed directly into Sandy’s path.
...workers at the Boothbay Harbor Shipyard warned Bounty Capt. Robin Walbridge about rotting wooden planks on the ship and inadequate caulking done while the vessel was in Maine for maintenance just prior to its sinking, but that Walbridge said he couldn’t afford the full repairs.
The shipyard workers additionally expressed concerns over the three seam compounds Walbridge supplied for the caulking work, much of which was performed by comparatively inexperienced Bounty crew members. Walbridge chose the compounds because they were less expensive, overlooking the fact that they weren’t recommended for water immersion or marine environments.
Concerned that the rot was extensive beneath the surface, shipyard workers urged Walbridge to remove more planks to explore the extent of the problem, but the captain declined because of money and schedule worries. Walbridge only ordered the minimal replacement of rotted wood and called for other sections to be painted over.
“He knew there was decay in the planking and frames of the hull but did not know how extensive the problem was. … [A] Boothbay Harbor Shipyard employee testified that he had warned [Walbridge] to ‘pick and choose how he used the boat’ and to avoid heavy weather.”
The captain had an impetuous streak. In August, he told a TV reporter in Maine: “We chase hurricanes. You try and get up as close to the eye of it as you can, and you stay down in the southeast quadrant.”
Chief mate John Svendsen, 41, a Bounty veteran, told Walbridge that high seas and devastating winds were predicted; the captain said the Bounty would handle the hurricane just fine.
THE DISASTER
It was after dark on Oct. 28, and the three-mast vessel pitched and rolled in the Atlantic 90 miles off Cape Hatteras, its 16 crew members fighting to keep the ship afloat. The ship’s engineer was seasick and spitting up his medication. A deckhand had been tossed past the mainmast, breaking three ribs. The captain had been slammed against a cabin table, wrenching his back. He could barely walk.
“Heading out to sea under normal conditions requires that the hull be sound, vessel systems be tested and functional, and crew proficiency and readiness be at the highest level possible. When headed into a storm of Hurricane Sandy’s size and scope, logic dictates that the importance of vessel seaworthiness, vital system functionality and crew readiness would increase exponentially,” the Coast Guard officer said. “That being said, [Walbridge] clearly chose to chart a course directly in the path and vicinity of Hurricane Sandy knowing all of the defects listed above.”
Around 3 a.m., the captain called everyone together on the tween deck. Walbridge was fond of what he called brainstorming, in which the entire crew chewed over a problem. He asked: “At what point did we lose control?”
As the crew helped one another into the survival suits, chief mate Svendsen tried twice to convince the captain to make the call to abandon ship. Walbridge refused... Sometime before 4 a.m., with the ship listing at a 45-degree angle, he changed his mind.
“We gotta go!” the captain hollered....Moments later, the Bounty was struck by a massive wave. The ship heaved abruptly starboard, dumping most of the crew into the Atlantic. Others jumped in as the ship began to slip under the waves.
Walbridge and Christian were missing.
Christian was last seen by the third mate as he held her hand on deck and passed her to another crewman just before the ship rolled. He remembered that she was calm and smiling.
The Coast Guard found Christian’s body later that day, about a mile from where the ship went down. Her first paycheck had not been cashed.
Walbridge was never found.
The 100-page Coast Guard report, based on an investigation by Cmdr. Kevin Carroll, included similar findings to those in a National Transportation Safety Board review released in February.
Tail wags to Stars and Stripes:
How the HMS Bounty fought Sandy, and lost
Coast Guard finds ill-fated Bounty avoided tighter safety standards, repair warnings
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Emergencies
'Yuppie 911'
Military aviators are taught to memorize the priority in which they should conduct business. "AVIATE—NAVIGATE—COMMUNICATE" is the order of priority. In other words, the first order of business is to control the aircraft, after which they should fly it in the right direction... Then, after they have done all that they can do with the first two priorities, they can get around to 'communicating.' The same rule applies to sailing.
Even when calling for help, calling 911 is nothing more than 'communicating.' There are other, more important, things that should have been done prior to the call. In fact, it's the things that were done prior to the call that render the call itself legitimate.
The term ["Yuppie 911"] was coined by a California search and rescue official to describe the behavior of people who hike into the wilderness, find themselves a bit uncomfortable and push the panic button on personal locator beacons to call for help—essentially a ride home—from rescue teams, usually in helicopters, often at considerable risk to the rescuers, always at great expense to taxpayers.
In his "Full and By" column in the June 2014 issue of Sailing magazine, Bill Schanen talks about the difference between real emergencies and a negligent "emergency." There is a difference! We should all strive to validate Schanen's statement that "Sailing is the anti-Yuppie 911."
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Law of Self Defense
Stand Your Ground Law
Incredibly, there are still people of, shall we say, less than stellar intelligence who believe that "Stand Your Ground" constitutes a license to kill.
Below is another video from Andrew Branca that explains the 'no duty to retreat' concept; hopefully, this might help clarify the concept for those who seem to be confused by the issue.
This video is also useful for anyone who carries a firearm for self-defense.
Marlin Arms Co.
Marlin Makes a Comeback
If there’s a gunmaker that’s suffered from more rumored deaths than Marlin, I wouldn’t be able to name it. Since being acquired by Remington in 2007, the iconic levergun manufacturer has been killed off by internet trolls and industry veterans (who should know better) more times than an extra in a George Romero zombie flick. Through it all, the company has kept making guns, although lower production levels and decreased line offerings have given some credence to Marlin’s rumored demise among outsiders who would rather hold on to nostalgia at the cost of lost business.
A lagging economy and a lack of capital investments over the years dealt Marlin a double blow in the late part of the last decade. But according to company officials, Remington has never had any plans to kill off the company. Instead, engineers and craftsmen have been working behind the scenes to drag Marlin into the 21st century while maintaining the legacy of quality and performance that Marlin enthusiasts hold dear. The process has not been easy, and Remington admits to missteps that have pushed back time lines and caused plenty of angst both within and beyond the company walls. “To say we made a couple of mistakes is a bit of an understatement,” says Teddy Novin, director of public affairs. “We opened the door for Rossi and Henry, but with our new production process for the receiver in a side-by side comparison, there is no comparison. We’re working hard to bring it back.”
Part of that hard work was recovering from a poorly planned move from Marlin’s longstanding manufacturing plant in North Haven, Connecticut, to Remington-operated factories in Ilion, New York, and Mayfield, Kentucky. The 2010 decision to close the North Haven plant, thus ending Marlin’s 140-year tradition of manufacturing in Connecticut, was not an easy one to swallow, both for those making the decision and the company’s fervent fan base. But for Marlin to continue as a viable brand, it was necessary.
“Marlin had great heritage and history in the North Haven community,” says John Fink, senior product manager for Remington. “They had a skilled and tenured workforce that knew how to build Marlin rifles. We were faced with some tough decisions to make that impacted those people and the local community.”
While the craftsmen at Marlin were first-rate, the manufacturing facilities in North Haven were less than great. Machines were held together with what amounted to little more than Band-Aids, creating inefficient and costly production processes.
“The biggest known issue was that Marlin was in need of capital investment,” says Fink. “We were dealing with equipment that was old—in some cases, more than 60 years old. Some of the equipment was in such bad shape that sheet-metal dams had been built around the machines to keep fluids from leaking out onto the floor.”
Just four hours away, in Ilion, Remington’s factory had some open floor space where it could move Marlin, keep it autonomous from Remington, and yet improve efficiency. “We realized it would be a challenging move,” says Fink. “It required moving equipment, setting it up in a new location, and training people to build these rifles.
Old equipment does not travel well. Once this equipment was moved to Ilion, many of the pieces were running at a rate that was even less efficient than before.”
Compounding the difficulties, Remington discovered dimensioned drawings of Marlin’s iconic rifles did not exist. The plans at North Haven had simply been passed down through the generations. Many of these workers hadn’t made the move to Ilion, so much of that inherent knowledge had been lost. “We were training a new workforce to build these rifles,” says Fink. “We have a great workforce in Ilion with gun making talent, but they had never built lever-action rifles before, so there was learning curve.”
Through it all, Remington remained committed to saving Marlin, though you can bet there were some difficult, and heated, discussions. Luckily, cooler heads and common sense prevailed, due in large part to the fact that no one at Remington wanted to be responsible for killing off a brand that so many of them loved. “The Marlin lever-action rifle is such a great rifle. It has killed so many deer, and given so many people their start in hunting and shooting, that there is no way we could ever quit making Marlin rifles,” says Fink. “We are putting the resources behind the rifles to ensure they will be available for generations.”
To save Marlin from imploding, Remington invested both dollars and manpower in a multifaceted approach to achieve the kind of quality that had slipped during the transition. From a manufacturing standpoint, the company has set up a stand-alone Marlin factory within the Ilion plant, with its own designated managers, workforce, and assemblers, people who are committed and invested in the Marlin brand.
On the product side, Marlin reduced its offerings from 29 catalog lever-gun models down to 18. They also eliminated any customer exclusive guns, at least temporarily. The SKU reduction allowed the factory to focus on the rifles they had a greater ability to produce on a consistent basis, which tended to be the highest-volume offerings. Plans call for rifles that were suspended to make their way back into the line as the manufacturing process works outs its kinks. “We hoped to do that in late 2012, however we were not as far along as we would have liked to have been,” says Fink. “This process was very painful for me, as it would be for anyone who is passionate about rifles.”
At the same time lines were being reduced, R&D engineers started a project to complete three-dimensional drawings of all the parts. Meanwhile, production engineers were evaluating what new modern equipment would be necessary once they knew the exact dimensions that would be coming off the machine.
“We have now completed these dimensional drawings for the 336 line and 1895 line, since they are the most similar,” says Fink. “This year, we will also be in the same position on the 1894 line. New equipment for these lines has been purchased and is operational. We have seen great improvement over the year, and we continue to focus on further improvements.” For 2014, Marlin is reintroducing four suspended offerings, including two .338 Marlin Express rifles, the 1895 Cowboy, and the .444 Marlin. The company is also introducing a Limited Edition series, with the first rifle being a 336 Limited featuring a high-grade walnut stock, high-polish blued metal with some light scroll engraving, and the Marlin horse and rider in 24-carat gold on the left receiver panel. Future plans call for a new introduction to the series each year, with changes in engraving patterns, model, and overall configuration.
“When we suspended the items we did in mid-2011, there were a total of five new offerings we had engineering looking at for production,” says Fink. “There is a lot of opportunity for completely new offerings and exciting rifles that we can bring back.”
With these new introductions and continuing roll-outs of previously canceled production lines, Marlin looks to be on solid footing. But will it be enough to finally put an end to the ongoing rumors of the company’s imminent death, which still crop up on shooting and hunting forums? Only time will tell. But to those doubters, company officials want to impress the commitment they have to the brand.
Maybe a word from on high sums it up best. “Marlin is back,” says Novin. “We owe it to the brand to do it justice.”
[Reprinted from the June/July 2014 National Shooting Sports Foundation SHOT Business newsletter.]
Culture
It's 10p.m....
When this symbolic public service announcement started airing in the early 1970's, there was no 'internet.' The danger to children back then was normally external to the home. The internet has brought the shadow's into the home.
In his Daily Briefing today, Albert Mohler addresses a problem that is directly related to the violence that we are seeing played out by people who, for whatever reason, cannot discern fantasy from reality.
A concern for all of us.
/fl
Reality Check
You may not have heard...
As mainstream media outlets continue to support gun control by focusing on the three persons Elliot Rodgers shot to death, they have not bothered reporting that guns have been used to save at least seven lives since May 25.
According to KSL.com, on May 25 an armed father intervened to stop two armed invaders who kicked in the door of his house in an attempt to reach his daughter. The attackers had threatened the girl beforehand.
Breitbart News reported that two armed home invaders broke into a house in Orosi, California on May 26. Four siblings were home at the time and the oldest of the four, a 22-year-old, retrieved a handgun and saved himself and his siblings by shooting and killing one of the intruders. The other intruder fled to a medical center for treatment for the gun shot wounds he also received.
According to ABC 7, on May 27 an armed man tried to carjack a vehicle from retired NYPD police officer Derrick Bishop in Brooklyn. Bishop said he rolled down his drivers side window after the carjacker knocked on it and found himself "staring at a 9mm [pistol]." The carjacker asked for all Bishop's money and then demanded the car. After Bishop got out of the car and the carjacker got in, Bishop drew his gun, shot the carjacker in his chest and killed him.
On June 1 Breitbart News reported on a Georgia woman who answered her door to find three would-be home invaders posing as police. One of the intruders raised his gun to shoot her but she shot him before he could pull the trigger. The suspects fled but the wounded suspect was later apprehended.
Tail wags to AWR Hawkins at Breitbart News for helping authenticate the fact that guns save innocent lives—after all, that's the reason why police carry them.
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