Down With Power Audiobook!

L. Neil Smith's
Number 803, January 4, 2015

The marvelous civilization of antiquity
perished because it did not adjust its
moral code and its legal system to the
requirements of the market economy.

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Neale's Weekly Gun Rant 1-4-2015
by Neale Osborn

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Attribute to L. Neil Smith's The Libertarian Enterprise

As is our usual method, we shall start this one out with Mama Liberty, "Gunsmoke Gets In Your Eyes". [Link] She brings up another important safety issue we all need to keep in mind at the range.

Last time I wrote about shooting I covered a few things about ear protection. Earlier, I covered lead exposure. The same care should be taken to protect our eyes when we shoot, but I wonder how many people even give it much thought.

Most of the training materials I've seen indicate that regular glasses or sun glasses provide minimal protection, but nobody much explains what "minimal" means, or the possible consequences for taking that level of safety as "good enough" for granted. I can think of a number of situations where they would offer little or no protection at all.

I'll admit it—all I wore eye protection for was spatter and ricochets, but she makes some great points, that you'll ony fins out if you follow the bouncing link to "The Price of Liberty".

For our FIRST appearance of the "Well Armed American" for this week, we go to Texas, and a fireworks stand. [Link] We pick up the action as the stand is closing for the night....

According to local ABC affiliate KATY, police were called around 9:30pm on Tuesday.

As the clerk was closing up for the night two men pulled up in a green Ford Mustang. One of the men exited the car, approached the clerk, pulled out a gun and pointed it at him and demanded money.

According to owner Richard Treichel, "They told him we want the money and he tried to talk him out of it, so he said 'I have to go to this little room and get the money'."

Apparently this is where the music for "Crooks are stupid, crooks are really dumb!" is played, as the clerk retrieved his own gun and began firing at the robber.

According Sgt. Scott Ashmore, the robber was hit multiple times in the face, wrist and back. He was rushed to the hospital via airlift and was in critical condition.

Ashmore also said that he believes the men had been involved in other robberies.

"I understand he robbed at least two other places tonight and shot at the complainants," said Sgt. Scott Ashmore. "Tonight, he robbed this fireworks stand... and the owner of the establishment was armed and got into a shootout with the suspect."

I guess that eventually, the bad guys DO get their come-uppance!

As I say, quite often, just because some black-robed vulture on the SCOTUS (or even 8 of the 9) says something is Constitutional, that does not mean it is. [Link] Isn't this asinine For you or I, "Ignorance of the law is no excuse for breaking it!" And the Constitution is (supposed to be) the highest law of the land. But those black-robes assholes have decided that COPS aren't bound by the same standard WE are!

The U.S. Supreme Court recently issued an opinion that undermines (link is external) the Fourth Amendment and weakens an important check on government power. And it all began with a traffic stop in North Carolina:

A North Carolina police officer pulled over Nicholas Heien because one of his car's brake lights was out. The state's law requires only one light to be working, so the stop was based on a mistake of law.

After Heien was pulled over, he gave consent for the officer to search his car. The officer found cocaine in the car, then placed Heien under arrest.

Heien later claimed the initial stop was not legal under the Fourth Amendment of the U.S. Constitution. The Supreme Court ruled that the mistake for the initial stop, which was a seizure under the Fourth Amendment, was reasonable and therefore lawful.

I'll ignore the fact that drug laws are asinine (they are) and the fact the guy was an idiot for consenting to the search (he was) unless dash cam footage shows he was coerced into "allowing" the search. If the cop was ignorant of NC law (he was) and made the stop on the basis of that ignorance, then that SHOULD end it right there. Sadly, I have to agree that the search, itself, WAS legal—the fool gave consent to search. But the reason the cop was able to ASK for consent was not. But it's the ruling that is truly dangerous.

Chief Justice John Roberts' creative and harmful majority opinion in Heien claims precedent, writing that the "ultimate touchstone of the Fourth Amendment is 'reasonableness.' "

Repeating such lines often enough in case law sometimes gives fluff the appearance of substantive and controlling law. But it is inherently unreasonable that mistakes of law may make lawful what should be unlawful.

Roberts also relies on early American case law about personal liability of federal inspectors and tax collectors. There was a time when federal search and seizure officials could be sued for trespass. That is a practice that should be brought back, but Roberts, joined by the court's originalists, misapplies those cases to create a new Fourth Amendment interpretation that weakens the rule of law over government.

Lone dissenter Justice Sonia Sotomayor grasps what is at stake when she writes, "The meaning of the law is not probabilistic in the same way that factual determinations are. Rather, 'the notion that the law is definite and knowable' sits at the foundation of our legal system. ... Departing from this tradition means further eroding the Fourth Amendment's protection of civil liberties in a context where that protection has already been worn down."

Damn, but it sucks to agree with Sotomayor, but she is correct— this DOES deliberately and with malice of forethought weaken our 4th Amendment protections. It's bad enough that if you invite a cop into your house, FOR ANY REASON AT ALL, he can then search it if he THINKS he sees something questionable under the law. Now, they don't even have to follow the law to search at all! "Sorry I violated your Constitutional rights with my cavity search without a warrant, I didn't know I needed one." Disgusting.

Here is the second of those "fictional" events we call "Well Armed Americans". [Link] Can you believe this tough old man?

According to officials, a 74-year-old Washington County, Pennsylvania man was beaten by two masked men armed with an axe handle to the point that he needed stitches. The man was armed, and while he was being beaten, he shot at the two guys and killed one of them. Police were able to apprehend the other. According to WPXI:

Investigators said the 74-year-old victim was beaten with an ax handle before he opened fire.

Police said the incident happened around 9 p.m. on McGirts Road in West Pike Run Township.

The Washington County coroner identified the man shot and killed as 42-year-old Robert West.

The second man involved, police said, took off running but was later arrested. Channel 11's Dave Bondy was there as Andrew Graseck, 18, was taken to jail.

Beaten with a club, THEN killing his assailant. They knew how to make'em back then!!!

And we have another of our "Well Armed Americans" stories. [Link] Of course, these two should NEVER have dared to do the police's job, nor killed one of their attackers—the poor lad was just trying to better his economic situation.... Of COURSE you realize this is sarcasm, don't you? (Notice the trend?)

Two homeowners in their sixties were assaulted and injured during a home invasion in Lakewood, Washington. As the situation unfolded, it looked perilous. The couple were both injured and restrained, but the husband's heroic action freed them and cost one of their attackers his life.

The incident began when three men knocked on the door of their home. The 62-year-old husband, realizing he did not know the men on his doorstep, tried to shut them out, but they pushed their way in, armed with a gun and a knife. The attackers pistol whipped him, a wound that later required stitches in his head. They then went and pulled his 66-year-old wife out of the bathtub, nude, cutting her hand when she attempted to defend herself. The assailants then tied the couple up with electrical cords.

The three men demanded money, gold, 'weed' and jewelry. They then ransacked the house and carried the things they stole to load their getaway car. While they were gone, the husband managed to free himself and untie his wife. He locked the front door and ran to the bedroom and grabbed his gun. The men broke through the front door and shot into the bedroom. The husband shot back twice. As the thugs fled, the couple called the police.

In an interview with local news, the homeowner asked not to be identified. "We are a little shaken up, but we are doing fine. Spent the night at the hospital, but we are home and we are fine," he said.

A Lakewood police spokesman said of the victim:

He was able to stay pretty calm after being pistol-whipped pretty severely. He made some good decisions — he retreated to a bedroom. He said, "Don't come in or you will be shot!" They had a chance to retreat and they didn't.

One of the shots fired by the homeowner apparently struck Taijon Voorhees, whose body was later found dumped on Federal Way. A second man, Duprea Wilson, 19, reportedly told an acquaintance that he had taken part in a robbery that "went wrong." He was arrested in possession of jewelry from the couple who were victims in the home invasion. Wilson is a known gang member who was just released from prison a month ago. The third suspect has not been located.

Good shooting for a fairly well-beaten man. I salute you, Sir! And wish you a speedy recovery.

And why has it taken them this long? They're idiots, but they are doing what I expected the minute they started passing laws requiring making toy guns like this. [Link] Buttwipe gangstas are painting their guns to look like the orange-tipped toys required by law in New York State, and sold all across the country. It just might slow down a cop long enough to let the scumbags get the first shot in. What I'm wondering about is what's going to happen when a cop dies because of this. Or even worse, a kid. Now, cops can use the excuse "Orange tips don't matter, the scumbags are painting real guns orange!" for shooting Junior in a stairwell.

This is a WARNING for anyone, particularly law enforcement, in New York or any other state that requires the orange designation on its toy guns. Gang-bangers across the US are starting to paint bright orange on their firearms to momentarily confuse Police. This has been confirmed by street crimes units.Gang leaders are even bragging about this online. "My boy Al Sharpton, he be coming down hard on the cops, tell them to identify if a gun is real or not befor they be blast'n away'n all. So with the pigs on a leash, my boyz get to live to see another day. 5-0 be seeing them orange tips, they be all like, think'n toy gun..." Thank you 'boy' fricking Al Sharpton, hope you are pleased with the war you are starting. I hope you own and know how to use a firearm. #AnimalsAmongUs

Wal-Mart, Kmart, Sears, and others have been sent cease and desist orders from the Attorney General of New York. Even though there is no law being violated, these retailers have agreed not to ship toy guns to their store in New York. Amazon has also hardily agreed to not ship any toy guns to the state of New York. There are 'legal versions' of toy guns, but they must have a one inch, non-removable, orange stripe that runs down both sides of the barrel and on the front end of the barrel. Attorney General Eric T. Scheiderman stated,

"When toy guns are mistaken for real guns, there can be tragic consequences, New York state law is clear: retailers cannot put children and law enforcement at risk by selling toy guns that are virtually indistinguishable from the real thing."

And our LAST two "Well Armed Americans" for the week are from Tennessee. [Link]

The Blaze reported:

In the space of five days the city of Memphis, Tennessee, has seen its second fatal shooting by a homeowner against reported armed home intruders.

TheBlaze reported the first instance which occurred Tuesday when a woman answered a knock at a front door. When two men reportedly forced their way in — one of them putting a gun to her neck — the homeowner fired multiple shots at them. One alleged intruder died and the other escaped.

On Saturday a similar scenario went down about 9 miles southeast of Tuesday's shooting when three suspected burglars — two of them armed — entered a residence, WREG-TV reported.

But this homeowner was armed, too. And he reportedly gave a verbal warning to the trio not to take another step toward him — but they refused, WREG reported.

So the homeowner fired several shots, killing two men — Jordan Mitchell, 18, and Melvin Atkins, 20, the station said. The third alleged intruder got away, WREG said.

First, we have a "defenseless" woman carrying her equalizer and saving her own life (something the anti-Constitutionalists always say never happens), then Darwin rules the day again just five days later! They were warned, and they died when they failed to heed the warning.

We've touched (many times) on the totally un-Constitutional "No-Knock" warrants. And now, a man who successfully defended himself from armed invaders performing one of these IN THE MIDDLE OF THE NIGHT, is facing the death penalty. [Link]

While asleep in his house, four officers sneaked through his window during a no-knock raid.

When Guy heard the police intruding, he acted like any reasonable homeowner and he did what he could to defend himself.

He shot at the police (not knowing they were cops), hitting two and killing one.

Now Guy is being prosecuted on capital murder charges and prosecutors are seeking the death penalty.

Hell, they didn't even blow in his door and come in screaming "Police!!" They snuck in like burglars and got what they deserve. And noq, Mr. Guy is facing a prosecutor who wants him dead for defending himself. At least he's alive to fight this—unlike

David Hooks was shot in the back and head as he was lying face down on the floor during a drug raid by Laurens County deputies.

That's according to the lawyer representing his family. 13WMAZ's Paula Rotondo spoke to his wife, Teresa Hooks and the family's lawyer, Mitchell Shook.

Hooks died Sept. 24 while deputies served a search warrant at his home.

They were looking for drugs, but didn't find any.

Shook, who is representing his family, says the raid was illegal and has asked the FBI to investigate.

He says officers were looking for drugs in the home, but didn't find any. Shook says the officers fired 17 shots inside the home and struck Hooks.

He says Hooks had four wounds, two of which he says are very problematic. Shook says that's according to the Laurens County EMS records. He says the same information is found in the medical records from Fairview Park Hospital.

'One was to the side of the head, the other, was in his back, the back of his left shoulder, based on the evidence we see, we believe that David Hooks was face down on the ground when he received those last two shots,' says Shook.

Even more upsetting was Hooks was a veteran military contractor with a clean record. The only reason police came into his home and opened fire is because they were acting on the tip of a meth addict who had broken into his home earlier and said he had bought drugs from Hooks.

It is absolutely disgusting what passes for "justice" these days.

I love it when businesses keep their word. And they are in both Colorado AND New York. We have touched on Remington and Kahr Arms leaving the People's Republic of New York, and Magpul leaving Colorado. Now, though, it's official. Magpul has informed Colorado that it is eliminating over 100 jobs. It has moved corporate headquarters to Texas, and manufacturing and distribution to Cheyenne, Wyoming. Wyoming loaned Magpul a little more than 8 million dollars to build the factory in order to get the jobs. I sincerely hope that, eventually, my beloved ex-state kicks Hickenpooper and his cronies out, and return to their former, freer ways.

Sorry, no quotes of the week—I'm REALLY late getting this one out!!!!

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