Month: August 2023

Use of Force in Defense of Pets: Short answer is NO!

From the Armed Citizens’ Legal Defense Network.

 

eJournal: Thank you for stopping by, Alex and Mike. Today, I’d like to learn about the law’s view of defending domestic animals and on the other side of the coin, defending against animals. As I was writing out my questions, I laughed when I realized that we could have the world’s shortest interview if I asked, “Is it okay to use deadly force to defend your domestic pets?” and you would say…

Alex Ooley: “No.”

Defending Pets (armedcitizensnetwork.org)

Click on the link and read the whole thing, please.

Why I dislike doors with windows.

As we read with the Donofrio case, the young man busted the glass on the door and reached inside grabbing the handle. I am not going to make the case that if the owner had a full door, this would may not have happened, but I will point out that most front doors with this kind of glass treatments are either weak or present a temptation to true criminals to break in. The other disadvantage I see is that depending on the glass it provides a peek to the inside of your home or at least allows somebody that may not have the best of intentions, to see you or any members of your family approaching the door.

I will always favor a full steel door, properly installed and overly anchored. And yes, out swinging.

It is not a guarantee that they can’t breach it, but I have seen first-hand how long it takes to do so and it may give you plenty of time to repeal boarders with the proper amount of ballistic dissuasion.

The Donofrio case: Perimeter was broken.

I posted about this case and how it was trying to be played on the media: The Disinformation Never Stops. – Gun Free Zone.

And now we have the official report:

After consulting with the Fifth Circuit Solicitor’s Office regarding the circumstances of the South Holly Street fatal shooting last weekend, charges will not be filed against the homeowner. As a result, the homeowner’s name will not be publicly released.

The Columbia Police Department (CPD) and Solicitor’s Office have deemed the incident as a justifiable homicide under the Protection of Persons and Property Act. (SC Code of Law 16-11-410 & 420).

CPD investigators have determined that Donofrio who resided on South Holly Street, mistakenly went to the wrong home and attempted to enter by repeatedly knocking, banging, and kicking at the front door while manipulating the door handle.

As Donofrio kicked the door, the female resident called 9-1-1 for police assistance.

At the same time, the male resident went to another area of the home to retrieve a firearm. While the female was still on the phone with emergency dispatchers, Donofrio broke the front door glass window and reached inside to manipulate the doorknob.

At that time, the male resident fired a single shot through the broken door window striking Donofrio in the upper body.

Update: South Holly Street Fatal Shooting Deemed Justifiable – City of Columbia Police Department (columbiapd.net)

Again, this is not a case where anybody truly “won:” A young man lost his life because an absurd mistake and a homeowner went through the panic of what must have felt like a home invasion and then having to kill somebody who was not a criminal. This just so very sad for all involved and their families.

Hat tip to Clayton Cramer. 

 

But he can’t be racist.

NASHVILLE, Tenn. (WSMV) – A man was arrested after police said he robbed a woman at knifepoint and then locked her in a closet as she showed up to work at a Nashville school on Tuesday morning.

According to an arrest report from the Metropolitan Nashville Police Department (MNPD), the call came in for an aggravated robbery just after 7 a.m. on Tuesday, and officers were dispatched to Cameron College Prep on First Avenue South.

The woman told officers that she was approached by 65-year-old William Joe Buford, who was armed with a large butcher knife, as she arrived at work and was forced inside the school gymnasium, the report states. Buford then demanded she give him money, but when she told him she did not have any, he took her car keys, cell phone, earbuds, and watch.

The woman said that Buford told her, “I’m not going to hurt you, but if you were a white (expletive), I’d kill you.” He locked her inside a closet inside the gymnasium before leaving, according to the report. She banged on the closet door until students heard her calls for help and let her out.

Nashville teacher robbed, locked in closet, police say (wsmv.com)

He is just “oppressed.”

If the Liberals keep feeding the coals of racism, they are going to find themselves having to deal with a bloodbath of their making. The worse part is that in places like Nashville, the victims will probably be inside their voting block.

Smith v. District of Columbia

This is a 99.9% win for the good guys.
(750 Words)

Back in 2015, Maggie Smith filed a class action suit against the District of Columbia.

Maggie Smith, on behalf of herself and the Prosecution Class and the Nonresident Class (both defined below), brings this action against the Government of the District of Columbia (the “District” or the “District of Columbia”) under 42 U.S.C.A. § 1983 for injuries she suffered during the Class Period because the District, through its unconstitutional gun registration laws, caused her and the other members of the Prosecution Class and the Nonresident Class to be arrested, prosecuted, or arrested and prosecuted in the District of Columbia Superior Court for violations of those unconstitutional gun laws in violation of their Second and Fifth Amendment rights.
ECF No. 1: SMITH v. GOVERNMENT OF THE DISTRICT OF COLUMBIA, No. 1:15-cv-00737 (D.D.C.)

She alleges that the District had created a total ban on gun ownership and a total ban on carrying outside the home. She points out that the District did this in such a way as to avoid the appearance of a total ban.

The District first put into place laws that required all hand guns and ammunition to be registered. Then they created so many obstacles to registering a hand gun that it became a de facto ban.

In addition, the registration scheme was only available to residents of the District, meaning that it was impossible for people that didn’t live in the city to be able to carry a hand gun.

For those of you that don’t know, DC used to be 100 square miles, 10 by 10. 50 square miles came from Maryland and 50 square miles came from Virginia. When Virginia seceded from the Union, it took back its land. Most of the remaining 50 square miles is filled with office buildings, government buildings, public buildings and some apartments.

There are also the slums.

Most of the people that work in the District commute into the District. They drive to just outside the beltway and then ride the Metro into the city proper. Fast, easy, convenient.

What this means is that most of the people you see in DC don’t live in DC. Under the District’s registration scheme, most of the people who worked in DC had no chance to legal own a hand gun.

At the time of Ms. Smith’s conduct, D.C. Code § 7-2502.02(a)(4) generally prohibited registration of any pistols “not validly registered to the current registrant in the District prior to September 24, 1976,” but made an exception for retired MPD officers, organizations employing special police officers, and “[a]ny person who seeks to register a pistol for use in self-defense within that person’s home.” See D.C. Code § 7-2502.02(a)(4)(C) (2010) (emphasis added). Any nonresident who wished to possess a pistol in the District of Columbia for self-defense would have to do so outside his or her home and therefore could not fall within the exception in D.C. Code § 7-2502.02(a)(4)(C). Moreover, at the time of Ms. Smith’s conduct, the District maintained a custom, practice, and policy of refusing to entertain gun registration applications by individuals who did not reside in the District of Columbia. See D.C. Mun. Reg. § 24-2320.3(c)(1)(C) (requiring firearm registration applicants to provide proof of D.C. residency).
id. no. 2

Yes, it was that difficult. It made getting a CCW in New York City seem easy.

On Monday, we got some great news.

Upon consideration of Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement (Motion for Preliminary Approval), and the exhibits attached, including the Settlement Agreement reached between the named Plaintiffs, individually and as representatives of the class conditionally certified by this Order, and the Government of the District of Columbia (the District),

IT IS HEREBY ORDERED:

The Settlement is preliminarily approved, subject to further consideration at the Final Approval and Fairness Hearing provided for below. The Court preliminarily finds that the Settlement terms are within the range of a fair, reasonable, and adequate settlement and in the best interests of each Class as a whole, such that final approval of the Settlement and Request for Attorney’s Fees and Costs may be appropriate, following notice to the Classes and a Fairness Hearing. Further, the Court preliminarily finds that the terms of the Settlement Agreement satisfy the requirements of Federal Rule of Civil Procedure 23(e) and due process.
ECF No. 170: SMITH v. GOVERNMENT OF THE DISTRICT OF COLUMBIA, No. 1:15-cv-00737 (D.D.C.)

This is that big of a win because it won’t be appealed. Since both parties agreed to the settlement there is nobody to contest or appeal.

Every so often the good guys do win.

Unintended Consequences: Hey, you guys made it popular, your fault.

I love this so much.

And they are right. Back in the early 90s, the most popular rifle in the US was the venerable lever action in 30-30. But America has one inherent “problem” in our cultural DNA and that is The Forbidden Fruit Effect:

The forbidden fruit effect describes just this – that items become more attractive simply because they have been forbidden. People are known to be curious about unpleasant or risky stimuli (Hsee & Ruan, 2016; Oosterwijk, 2017).

It was the Clinton’s Administration and Democrat congress who forced upon the country the so-called (and badly designed) Assault Weapons Ban which made gun owners everywhere go”Hey, if DC hates them that much, there has to be something about them I may like about them.”

And thus, suddenly millions of Americans became enamored of the AR platform. It now stands as the most popular rifle in the country and probably with more units floating around than over a century worth of production of lever action rifles.

Every time the Gun Control Clique in Government comes with announcements about how this time, they will pass the final legislation to ban AR 15 and other rifles, more ARs and components suddenly invade the shipping system on their way to private hands, to Citizens’ hands.

I really don’t see an issues with that.

We are in the wrong business.

Imagine you are hired to do a job and not only you fail, but you do so in a spectacular and embarrassing fashion. You would expect to be fired, right?

That does not happen if you are in the Gun Control Business:

They begged and got almost a third of a million dollars even after they knew they were dead in the water.

One is born every minute, and they vote and fund for the assholes above.