Archive for the 'Law' Category

Obama’s Gun Control Propaganda

obeyJust read this and had to post. Almost everything the president says in this quote is wrong. My comments bold in brackets:

“The House Republican majority is made up mostly of members who are in sharply gerrymandered districts [no more than Democrats] that are very safely Republican and may not feel compelled to pay attention to broad-based public opinion [the Constitution trumps public opinion], because what they’re really concerned about is the opinions of their specific Republican constituencies,” [yes, that is who they represent and how the system is supposed to work] the president said in an interview with The New Republic.

[…]

The president said he has a profound respect for the traditions of hunting that date back for generations. [Second Amendment has nothing to do with hunting]

Wow, this is Propaganda 101, textbook stuff.

Since Obama is supposed to have been a Constitutional lawyer, he knows the Second Amendment is not about hunting. He and Biden have been hammering the “hunting” and “sporting” comments every time they talk about gun control in an attempt to make what they want more reasonable. Just like the left saying Republicans or conservatives are against “immigration,” when in reality it’s “illegal immigration.”

Also noticed how the president framed the issue upfront in this debate a few weeks ago, any “reasonable” person would agree to what he’s calling for. He calls them “commonsense” measures. So if you disagree, you must be “unreasonable” and have no sense. It’s like he has Jedi powers over the dolts on the left.

Secondary, Tertiary Consequences of a Gun Ban

guncontrolAn all-out Feinstein gun ban probably isn’t on the way soon (a string of shootings could change that), but its remains the goal of the Dems long-term. They will use the press to wage a propaganda war to alter public opinion enough to avoid a repeat of the 1996 elections. In the mean time, “The Democrats cannot be trusted with our freedoms, and they will politicize every tragedy to accomplish their ends.”

If a gun ban were put in place that greatly restricted some of the most popular semi-automatic rifles and pistols available today, there would be other affects down the road depending on the details. Here we’ll assume a ban on all new semi-autos, normal capacity magazine, or the transfers of those.

Markets: Drying up the civilian market would obviously cause a lot of current producers to fold their doors, especially the smaller outfits. Unless they could make the change to bolt guns (bound to become better sellers), or get and keep military and police contracts. Then the firearms available to the public would cost more since the volume would be lower (eventually, not counting the current buying frenzy).

Regulations: Paying for all the checks, record keeping, registries, etc. also has costs involved and guess who will pay them; gun owners. If it is anything close to the hoops one has to go through to own a firearm in DC, you’re talking a couple days (or more) of in-person filings at various offices, and hundreds of dollars of fees, on top of the cost of probably mandatory firearms training.

Overall effect: Shrink the market; make legally owning firearms prohibitively expensive for most Americans. Key work there is legally – the bad guys won’t be paying any of those fees, and won’t be limited to whatever the nanny-state allows.

Some Republicans may roll over: See info from the Doc Thompson Show.

Nutnfancy explains a Second Amendment issue: Many for gun control think those who favor owning firearms as a check on the government are delusional since modern militaries are so powerful. Nutn explains that semi-auto rifles can get one a crew-served weapon, etc.

Sturmgewehre goes into detail on the magazine ban: Mac also include a link to contact your elected representatives to tell them you do not want them to vote for more gun regulations.

At Guns.com, see a Marine’s letter to Feinstein, and Ted Nugent’s letter to Biden.

BOYCOTT: Dick’s Sporting Goods for rolling on it’s customers, and Cheaper Than Dirt for attempting to profiteer.

Advice to the National Rifle Association

NRAProbably you’re seeing a massive amount of new memberships, renewals, and donations coming in at the NRA, or at least I hope so. Please do not harass the new members with relentless marketing requests and asking for more donations, it drives them away. It drove me away in the 1990s for several years, and others have noted the same problem and also left the NRA because of it.

I joined again several years ago, and again quickly became frustrated with the endless requests for donation, both email and snail mail, and the waste-of-money junk mail from you. The solution: I called in and got myself removed from those lists. It’s been very nice ever since. I get the American Rifleman each month (last time I chose digital), and a renewal notice once a year, and that’s it. Perfect.

Of course those endless requests for money must pay off and it is of course for a most worth cause, but alienating a lot of would-be members isn’t smart. So I suggest you make it a lot easier to opt out of that massive email/mail harassment. Or tone it down from the start. Either way, that’s my advice to the NRA.

Join the NRA/Renew Membership, $10 off and a gift.

Tragic School Massacre a Mental Health Issue, Not a Gun Control Issue

us-flag-half-staffAs a father with children the same age as some that were murdered by Adam Lanza at Sandy Hook Elementary School in Newtown, Connecticut on December 14, I can sympathize with the families of the victims. I’m not going to claim I can truly understand how they feel, almost no one really can. My thoughts and prayers are with them.

I am angry it happened. But I’m also angry that I can’t just focus on that, I have to immediately worry about my rights being infringed by the emotional and illogical backlash of gun control advocates who are using this tragedy to political advantage.

A few points:

The mother, Nancy Lunza, is also being portrayed as, “paranoid ‘survivalist’ who believed the world was on the verge of violent, economic collapse,” and who, “stockpiled food, water and guns.” That probably described 99% of readers here. The Left will keep hammering that “preppers” or “survivalists” are dangerous. We will be demonized. But it’s a smokescreen.

In my last post I urged readers to get any weapons, ammo, and related gear they might need. That’s even more urgent now. I’ll add to that:

  • Follow your gun laws, don’t even bend them. Don’t provide an excuse for them to be taken.
  • If not already a member, join the NRA, or another gun rights organization. If already a member, donate some cash now.

Good luck, we’ll all need it.

Update: Three perspective;

Also saw this on BBC News. The so-called expert being interviewed was asked why the gun has this special place in America. Her answer was that, “an element in U.S. society” that believes “the citizen needs to be armed in order to counterbalance the power of the state”.” She described this as a “fantasy” and “absurdity” and gave Waco as an example.

Who are those involved in this “fantasy?” That would be those who read and understand he constitution, and know the history of how the Second Amendment came about.

Makes me wonder if Mosin Nagants and ammo will skyrocket in price?

Go Buy Guns, Magazines, and Ammo

To me this election was a choice between the lesser of two evils. Actually the last few have been that way for me. Unfortunately for America, lesser lost. Probably in the future more stupid Americans will vote more of our freedoms away. Maybe it’s just part of the cycle of greatness and decline the empires go through, I don’t know.

As I’ve mentioned before, Obama doesn’t really care about the Second Amendment. Along with the re-election of Obama, consider that a long-time anti-gun senator – Dian Feinstein – is probably planning a gun grab, perhaps like this country has never seen:

- – No pistol grip allowed
- – No [high capacity] Mags
- – No grandfathering
- – No sale permissible if in possession

I don’t see “no grandfathering” as realistic in America. Any such legislation won’t go anywhere for at least two years since the Republicans hold the house and it won’t go through them. The house will be up for grabs again in two years.

Obama might get the opportunity to appoint anti-gun justices to the Supreme Court. A few high profile mass shootings might be all it takes to push the pendulum of popular opinion far enough, long enough to do some real legislative/legal damage. Once those freedoms are lost, I don’t see how we could get them back without bad things happening.

Obama could also use executive orders to limit our Second Amendment freedoms. I’m particularly worried about access to ammunition, including having to have a permit to purchase ammo, limits/rationing, ending cheap imports, etc. It could happen.

Go buy what you need while you can.

Potential Gun Confiscation When Needed Most

A reader recently submitted a question about firearm confiscation during emergencies (the same question was posed to the author of Suburban Survival Blog and answered there a few days ago). Lightly edited:

[I]n regards to your plans for defense and firearms, in the event of an emergency (SHTF or something leading up to TEOTWAWKI) do you *really* believe that you will be allowed to keep your firearms if such an event happens? (emphasis mine)

Remember that after Katrina, New Orleans police confiscated all [legal] firearms and held on to them long after the immediate emergency was over. It wasn’t until the NRA sued and won did people finally get them back.

And if there is social unrest predicated on an severe economic down-turn (as many very credible pundits believe there will be in 2011), government at the local, state and/or Federal level will most likely try a firearms confiscation as they try to maintain order – just at the very time you may need them (even if you don’t leave for your farm). Can’t count on the NRA or the courts to support the 2nd Amendment in the event of such an emergency.

I’m presuming you have purchased them from legitimate sources (not asking, not judging) so they are licensed/registered/etc and easily tracked down.

And even if you don’t leave for your farm but are forced by circumstances to leave your home for ‘official’ shelter like in a school or armory (or stadium as in New Orleans), I doubt you can take your firearms in. After all, it would make a statement to walk into a school gym with a duffel in one hand and a rifle slung over your shoulder!

There are a lot of variables to consider; national vs. state level, changes in gun laws, the nature of the emergency, and so on.

Nationally. A couple years ago I read that there are an estimated 270 million privately owned firearms in the U.S, so almost as many are there are people living here. Under current laws it is unrealistic to think that a) the government knows where they all are; b) has the resources to research where they all are (FFL records) and; c) has the resources to go get them.

Congress responded to the unconstitutional gun confiscations during Katrina with the Disaster Recovery Personal Protection Act of 2006 (H.R. 5013 [109th]), which was signed into law in October 2006. North Carolina banned guns during a bad storm earlier this year and is being sued for it.

States and Localities. The 2006 federal law has major loopholes that leave room for states to confiscate firearms in some circumstances. I’m not a lawyer so won’t attempt to parse all the ins-and-outs, it’s enough to know they can. During major social uprisings, natural disasters, marital law, etc., they could confiscate weapons.

However, a growing number of states are passing “emergency powers” legislation that prevents firearm confiscation during emergencies. Map via the NRA:

Surprise, surprise, my home state of Nebraska doesn’t have such a law, at least yet. Viewing that map also directly affects my bug out plans for driving home when and if things start to fall apart, assuming I haven’t moved much closer by then (which I’m trying to do).

Game Changers. A break down in civil order and high violent crime rates, brought on by a currency crisis and hyperinflation or other event, could cause changes in both national and state/local gun laws and ordinances. Or a string of high-profile mass murders with semi-auto weapons could be enough to turn the tide on gun control, as it did in Australia (remember the Brady Bill?).

Most readers here will recognize that restrictive gun laws leave law abiding citizens unarmed and the criminals with guns, but unfortunately enough lawmakers may not.

Such a change could prompt the federal government to create a national firearms registration system, or the states to require registration (most states do not currently). Once such records are complete, it would be much easier to confiscate firearms if that decision was made. It would still be manpower intensive and expensive, but the most difficult part would be done.

Bottom Line: Right now, with our current laws, I’m not worried about targeted or door-to-door confiscation if things start to fall apart. Might not be able to carry outside the home (even with a permit), but not outright confiscation. That could change but I would expect laws to change first. Even if the laws do change, most law enforcement will be too busy trying to hold back total chaos.

What I am most worried about are checkpoints or roadblocks in states, towns, etc. that would search vehicles and persons for firearms, and confiscate them. If they really want to find them, they usually do. That’s one reason I plan to avoid interstates, major highways, and other main roads if things are getting bad. If things are fairly normal but looking to get bad, might not have to worry about it – too many variables.

Recommendations. 1) Don’t live in states or cities that require firearms registration or permits to buy. Live someplace where you don’t have to go through an FFL to legally purchase firearms. I know, easier said than done, but if it’s worth it to you, move if you live in a restrictive place. Whatever you do, don’t break the laws where you live since that will give “them” the excuse needed, and you may not be able to legally buy again – just not worth it.

2) Get a concealed carry permit. While this puts you on the state police radar for having a pistol, exactly what and how many you have is still an unknown (if you follow #1 above). It may allow you to carry in troubled times when you otherwise could not.

3) If things go south and you need to bug out, (aside from going soon) have a plan for concealing your weapons. If you don’t have a concealed carry permit, lock them in the trunk (or tool box, etc.), but, as the reader said, don’t be walking around with a rifle on your shoulder. While legal in most places, it’s conspicuous and during marital law can only invite trouble.

Check out the NRA gun laws page, and the Wikipedia gun laws page for state gun laws.

Post Collapse: Community vs. Communism

If Jim Rawles allowed comments at his popular Survival Blog, the post, Community Crisis Planning for Societal Collapse, by J.I.R., would probably be over 1,000 by now.

J.I.R. starts out with a no nonsense look at how communities will function should an American collapse occur past the short-term. The need to establish rule of law, stockpile resources, and ensure critical functions are completed.

But the talk of confiscating resources hit a lot of raw nerves and rightly so. I’ll hit a few representative high points – the things that really get under my skin – and try to keep it in context;

If you let private citizens keep their food and fuel and other scarce resources and only confiscate and control corporate or “large retail or wholesale stocks” …

“If you let” citizens keep their property? Next is the delineation between private citizens resources and store owners things, though the “initially” is troubling:

You have to be careful which resources you initially confiscate and only gather large retail or wholesale stocks meant for re-sale. Anything owned by an individual for his own use is his property and must not be touched. Any critical and scarce commodity owned strictly for resale should be confiscated for the common good and held by the community. Make sure you provide a receipt to any owners you can locate or at least keep records of what is taken.

Needing to establish some sort of community stockpile is of course what would be needed long-term, but “ownership” still does exist and there is no point to pretending otherwise:

One of these choices might be to confiscate corporate property and redistribute it as needed for the common good. That specifically includes local merchants who hold stockpiles of needed resources meant for resale, such as gas station and grocery store owners. The whole retail system with [its] complex accounting and “ownership” laws are part of a finance system that no longer exists after a severe EMP event.

This next bit is actually bullshit – my brothers and I own land where we grew up and where we’d (try to) return to in the event of a collapse. We don’t live there, some of it is farmable, so we’re absentee landlords. It is not an “investment” in the finance sense, and anyone trying to take it, or those that did, would be on the receiving end of our hot lead:

Farmable land owned by a absentee landlord is easy; he’s not there and owns it only as an investment, therefore it now belongs to the community.

For this, all I have to say is, and “try it”:

You may also be forced to confiscate privately owned vehicles if yours are damaged or you need specialty vehicles (like fuel tankers, for instance). You need to work out a method of doing this without stealing. Any time you confiscate resources from any private citizen, you need to somehow reimburse them as fairly as possible. A better approach may be to exclusively hire them as the driver and let them retain ownership.

This next bit is fairly cheeky – confiscate these farmers’ property, but hire them to help with the process:

Co-ops and large commercial farms: These may have livestock and large amounts of feed grain and other dried foods on hand. … Seek them out and get their input and help to secure their food. You want to avoid spoilage and loss as much as possible and these people can help. Hire them.

J.I.R. has the right initial notion that communities will need to stockpile food/supplies, provide for rule of law and collective defense, but I think he sets precedents that prime the slippery slope of communism.

Readers of Survival Blog have responded and several letters have been published, and the author of the original article has responded a couple of times;

Not all disagree with J.I.R. (from the Six Letters);

I completely agree with J.I.R.: Long term, communities (a dirty word to radical individualists) must organize and work together. And so all of a sudden on a survivalist web site like yours, someone has gotten real and is talking about community, the dangers of anarchy, the rule of law, justice, the protection of the weak, and even redistribution of property. In other words, government, the very thing most survivalists demonize the most. This is unavoidable. No guns-based, hyper-individualistic strategy could ever work for long.

That’s why I’m a left-wing survivalist. To me, the key is cooperation and production. Though the old self-reliant American lifestyle was fading when I was a child in the 1950s, the infrastructure and social fabric that supported community-based self-reliance had not yet decayed.

Several replies mentioned the scenario from the excellent book, One Second After and that it was similar. Actually, it was different in the book in that a lot less was confiscated and things were more voluntary. There was a rationing system – you give your stockpile and you get a ration card, otherwise live on what you have. That’s better. But it was also a relatively small community.

Our “retreat” (the family farm, or perhaps “compound”) has enough land and water to grow substance crops for as many as we’ll allow on our property. There is also some game, but my guess is that if there is a real collapse, game will become thin pretty soon.

We plan on having enough for our family and close friends we plan on having here. Probably some won’t make it there (including me and my family), probably some we’d rather not have there will show up. Probably more than planned for, which is sort of figured into planning; it’ll be very hard.

My family, I’m sure, would not allow any land, vehicle, fuel, livestock, or other property to be confiscated. We’d be well armed, including scoped long-range rifles, and with a plan to defend. As J.I.R. notes (Six Letters);

Without some kind of redistribution of scarce resources and a working police department, nobody’s property is off limits. Most of the people in the community are going to be hungry very fast. Nobody just sits down and starves to death. They are going to attempt to find food or whatever their family needs. Hungry people loot.

That’s true. However, for most places, that will happen regardless. There will be too many people, not enough food. Period. And there is no way to help everyone, it just cannot be done (unless you have stored truly vast quantities of supplies, which is highly unlikely for most) without jeopardizing the lives of your own family or group.

Are Survivalists Merely Indulging in Escapism?

Sometimes it’s good to stop what you’re doing, step back, and do a reality check, at least I find that useful. When I have an issue or project to work through, I obsess on that task until it’s to a point where I’m satisfied.

A recent example is my bug out bag (BoB), which is critical to my backup survival plan. I spent literally hours a day for a few weeks researching and purchasing items for it, reorganizing it, etc., until it was just right. Probably could still use a few tweaks, but is now very functional.

The question here is, are those of us engaged in Survivalism, also known as preppers, just supplementing our mundane existence with the notion we’re doing something important, something that could save the our own life and our family?

Are we exaggerating the threat in order to justify this reality that most tend to be skeptical of our efforts, perhaps bringing up Y2K? What if Peak Oil is false and the Abiogenic petroleum origin theory (that oil is constantly being produced by inorganic means) is true? What if what appears to be financial meltdown for Western civilization is being dramatically overblown? Some may not even entertain these questions for fear of the answers.

Those that simply invest in AR-15 rifles, miscellaneous gadgetry, a 4×4 bug out vehicle (BoV), and a few boxes of MREs, but don’t invest time in learning skills, storing food, and preparing a retreat (if not already there) are in my estimation phony survivalists.

Admittedly some survivalists that have invested time into learning skills and stockpiling food still give the overall group a bad name (cultist militias, for example). In my initial searches on the topic of survivalism as escapism, I came upon some Neo-Nazi literature from the early 1980s! (here I should point out that that is absolutely not my flavor of survivalism – enough on that topic).

Let’s look at a definition of Survivalism:

Survivalism is a movement of individuals or groups (called survivalists) who are actively preparing for future possible disruptions in local, regional, national, or international social or political order. Survivalists often prepare for this anticipated disruption by having emergency medical training, stockpiling food and water, preparing for self-defense and self-sufficiency, and/or building structures that will help them to survive or “disappear” (e.g., a survival retreat or underground shelter). Anticipated disruptions include

  1. Natural disaster clusters, and patterns of apocalyptic planetary crises or Earth changes, such as tornadoes, hurricanes, earthquakes, blizzards, and severe thunderstorms.
  2. A disaster brought about by the activities of mankind: chemical spills, release of radioactive materials, nuclear or conventional war, or an oppressive government.
  3. General collapse of society, resulting from the unavailability of electricity, fuel, food, and water.
  4. Monetary disruption or economic collapse, stemming from monetary manipulation, hyperinflation, deflation, and/or worldwide economic depression.
  5. A sudden pandemic spreading through the global population.
  6. Widespread chaos, or some other unexplained apocalyptic event.

Reviewing such a description of survivalism does help bring things into perspective; I don’t think it is foolish to prepare for these things, on the contrary, it would be foolish not to. Items 1 and 2 above are probably most likely, while items 4, 5, and 6 all point to the ultimate goals of survivalists – being ready for #3 above – the end of he world as we know it, or TEOTWAKWI. But how likely are items 3-6?

When I look at these issues, it comes back to why I am a survivalist. I’m not sure if I can be objective anymore, but I try to be. How likely are these thing to occur, and if they do how should I be prepared? Some things I just am not worried about, such as a Red Dawn style invasion of the U.S. Some things cannot be prepared for realistically, such as a plague of The Stand proportions.

In the end, re-examining all the reasons I’m prepping, I believe they’re still valid. U.S. and European economies are simply unsustainable. The U.S. in particular is driving full speed towards an cliff, with out of control spending and seemingly no real concern for what the possible effects could be.

My life may be relatively mundane, but I still believe preparing for natural disaster and societal collapse is warranted.

Perhaps the better question to ask would be are non-survivalists in denial?

Remember Katrina: Did North Carolina Break Federal Law by Banning Guns?

After reading (and re-reading) the laws, I think they did (but I’m no lawyer). Here’s what happened;

Residents in King were fumed over the weekend after a state of emergency declaration restricted the sale of alcohol and the carrying of firearms in vehicles.
[. . .]
The state of emergency for King was declared by members of the City Council after Stokes County authorities also declared a state of emergency.

Under North Carolina law, May said, when a state of emergency is put into place that includes a ban on driving, the carrying of firearms in vehicles is also banned. The King city curfew banned the sale of alcohol.
[. . .]
“By law, statute 14-288.7 automatically went into effect. And that law which goes into effect when there’s a state of emergency prohibits the transportation, purchase sale and possession of firearms other than on one’s own premises.” [bold mine]

Here is what North Carolina statue 14-288.7 actually says;

§ 14 288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
(a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:
(1) In which a declared state of emergency exists; or
(2) Within the immediate vicinity of which a riot is occurring.
(b) This section does not apply to persons exempted from the provisions of G.S. 14 269 with respect to any activities lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)

This also happened after Hurricane Katrina in New Orleans;

After Hurricane Katrina, many New Orleans residents legally armed themselves to protect their lives and property from civil disorder. With no way to call for help, and police unable to respond, honest citizens were able to defend themselves and their neighbors against looters, arsonists and other criminals.

And Congress responded with the Disaster Recovery Personal Protection Act of 2006 (H.R. 5013 [109th]), which was signed into law in October 2006. The portion of the law to examine;

SEC. 706. FIREARMS POLICIES.

(a) Prohibition on Confiscation of Firearms- No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may–

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. [bold mine]

My reading is that, if the county that declared an emergency receives federal funds (and they all do), they cannot (jump to number 3) prohibit the possession of firearms unless it’s normally done so under federal, state, or local law. Since in the case of King, N.C., firearms being prohibited is NOT normal operating procedure, the state statue seems to be in violation of federal law.

The hole in this line of logic may be in the type of emergency, but the N.C. statute clearly runs opposite the spirit of the law as seen in the findings section of the federal law.

If I were a bad guy, the middle of a snow storm would be the perfect time to commit any number of crimes, with the authorities either unable to respond or taking care of other situations. But I’m a good guy, so that’s the time I’m most vigilant. Citizens have a right to defend themselves, and a snow storm does not negate that right.


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