Month: August 2023

Delaware ups the ante for most unconstitutional Bruen tantrum yet

New York made most of NYC a prohibited place.

New Jersey decided to make most of the state a prohibited place.

Delaware is making gotcha prohibited places by secretly turning legal places into prohibited places without warning.

This update to the Delaware Criminal Code:

§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a “Safe School and Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(c) For the purpose of this section, “Safe School and Recreation Zone” shall mean:

(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or

(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or

(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.

(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.

(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.

(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity. The affirmative defense established in this section shall be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.

If a public or private school rents a space, with no establishment of how temporary that rental agreement may be, be it a pavilion, a pool, a restaurant, etc., it becomes a prohibited place.

You don’t even have to know it was temporarily rented by a school, you’re in violation of the law.  The law specifically says not knowing is not a defense.

Non-prohibited places can become prohibited places without warning and if your accidentally get caught in one, you’re now a felon.

This, to me, is the most unconstitutional violation yet.

Other prohibited places are stagnant, but this just creates legal landmines.

A book for Kosher MHI fans

My wife got me this, it’s interesting.

Not as much gunplay but still fun.

Treif Magic – Book of Ze’ev

Ze’ev Kaplan is not your average prayer leader. Hell, he’s not even a prayer leader, despite what his friends, family, and girlfriend might think.

Ze’ev leads a strange double life, as an exorcist and monster hunter for the Jewish Community of Texas. What starts as a seemingly standard exorcism reveals him to the schemes of a sordid necromancer who will stop at nothing to kill anyone who stands in his way.

Can Ze’ev beat the odds and put an end to the necromantic cult festering in the heart of Texas, or will he end up being the victim of Treif Magic?

That’s right, Jewish monster hunting.

Is being prepared that hard?

We have posted discussed about preparations for emergencies, and we have realized not everybody has grown or developed experiences dealing with them to have a plan and supplies. But what I cannot really understand is how people is not prepared for the simple stuff.

People do not carry the simplest of blades to open things. It is fun to watch them deal with a blunt pair of scissors opening a box and taking forever while looking like the proverbial horny monkey and a football.

People do not have the simplest of health care supplies. How many times you have the same wandering injured idiots asking for band aids? I will grant you one time you forgot/didn’t realize, but the second time is just stupidity not having some with you or near you. The same for aspiring and over the counter meds. PS: Don’t volunteer/offer anything, for once you don’t know if the person happens to be of that 0.01% that is allergic to the med and dies because of it which will bring a lawsuit. And secondly, they will keep coming back to get some more next time and probably blab it all over the place. Fuck them, let them suffer. Save stuff for you just like you do for the tourniquets or quikclot.

Change of clothes? 99.999% of the days, you will get back home without having something foul spilled on you or simply drenched from an accidental fall into a body of water or mud. Heck even caught outside during a torrential downpour leaving you soaking and dripping. A small bag with a basic change of clothes (nothing stylish) and a hand towel in your vehicle or locker or desk area will save the day. I have a backpack with all needed to even spend 2 days unexpectedly out of my comfort zone. Nothing tactical, just clothes, shoes and toiletries that will make a surprise day less annoying and uncomfortable. Funny note, I rechecked the bag last year and realized I had clothes still in very fat sizes before I got into dieting. Not only I have “newer” clothes, but for some strange reason, the backpack has more space and weighs less. I did add a pair of flipflops.

And a source of fire. Matches or lighters will do. I had gotten rid of all my lighters after I quit smoking and found myself needing one a couple of times, so they are back in “rotation” from range bags to glove compartment to the backpack with clothes. Basically, don’t pull the thread, just burn it.

Any other simple things I may have forgotten? Go wild in the comments.

 

Federal Firearms Act — June 30, 1938

B.L.U.F.
A look at an early 20th century firearm regulation.
(700 words)


I Am Not A Lawyer. I’ve never taken a prelaw course, I’ve never attended a Law School. My interactions with lawyers have been few and far between. What I am is a geek that enjoys understanding. I will often spend far too much time figuring something out that I will never use again. Until I need it.

In looking at the history of firearm regulation, the first federal firearm regulation is the National Firearms Act of 1934. It was my understanding that the next major firearms regulation was the Gun Control Act of 1968. This was followed by the Firearm Owner’s Protection Act in 1985, The Brady Handgun Violence Prevention Act in 1993, the Public Safety and Recreational Firearms Use Protection Act of 1994(AWB) and a few others since then.

At the state level, there were few from 1791 through the 1850s. The first real infringements on the state level happened after the War of Northern Aggression. The first major state level bill was New York’s Sullivan Act of 1911.

I completely missed the Federal Firearms Act of 1938.

Because Robert Spitzer cited the Federal Firearms Act, I became aware of it. I found the original text.

Constitutional Basis For the Infringement

Read More

Tennessee: List of Bills of the Special Session. (Part 4)

Before I go on, a reminder that this series only covers the bills I found interesting for either being good or being bad and they come attached with the IANAL warning. You will get the full list of bills through this link: Tennessee General Assembly Special Session Bill Index (tn.gov).

 

HB 7053 by Sparks (R): Taxes – As introduced, permanently exempts from sales and use tax, the retail sale of gun safes and gun safety devices; removes the temporary sales tax holiday. – Amends TCA Title 67, Chapter 6. (TEXT)
I will always be happy about getting rid of taxes, but it is the second part of the bill that gives me a disgusting case of the creeps:

“Gun safety device” means an integral device to be equipped or
installed on a firearm that permits a user to program the firearm to operate only
for specified persons designated by the user through computerized locking
devices or other means integral to and permanently part of the firearm.

Retrofitting guns to be “smart”? Pass. In fact, I want a 1000% tax on stuff like that and the monies collected to be used to buy gun locks to be freely distributed.

HB 7054 by Littleton (R): Firearms and Ammunition – As introduced, exempts a person from civil liability for damages, injuries, or death resulting from or arising out of the theft of the person’s firearm that is properly stored in the person’s motor vehicle unless the person commits an offense involving the use of the stored firearm or intentionally solicits or procures the conduct resulting in damage, injury, or death. – Amends TCA Title 39, Chapter 17, Part 13. (TEXT)
I would like to see this extended to everywhere, but I will take the vehicle coverage gladly. Some will bitch about the “properly stored” part of the deal, but we need to take this possible win and avoid unnecessary legal expenditures against gun owners who took precautions to keep firearms secured in their vehicles.

I will go over the bills again tonight in case something new is introduced today (I told you I am still a babe in the woods related to Tennessee Legislative procedures, so I have no idea if that is possible) and keep you posted about what happens. Best case Scenario is only good bills get voted on, but I will take a No Bills Passed and a win too.

 

Tennessee: List of Bills of the Special Session. (Part 3)

HB 7036 by Sexton (R): Mental Health & Substance Abuse Services, Dept. of – As introduced, changes prerequisites for emergency detention and admission to a treatment facility from “immediate” substantial likelihood of serious harm to “imminent” substantial likelihood of serious harm. – Amends TCA Title 16; Title 33; Title 41 and Title 68. (TEXT)
Another bad bill IMHO. Too generic and ripe to be abused since there is no specifics on how and who determined who is mentally ill or is a potential danger.

HB 7043 by Barrett (R): Firearms and Ammunition – As introduced, authorizes persons with an enhanced handgun carry permit to carry a handgun on school property unless the person knows that the respective school provides armed security on the school property; removes certain exemptions of a law enforcement officer’s authority to possess a firearm on school property; authorizes certain community corrections officers to possess a handgun on school property. – Amends TCA Title 39, Chapter 17, Part 13 and Title 49. (TEXT)
Although it does not go far enough to cover parents or representatives, this bill authorizes anybody working in a school and with an enhanced permit to carry a firearm. This is a lesson probably learned from Florida where school districts did not allow for the School Marshall program nor cared if there was an RSO available. 

HB 7047 by Davis A (D): Firearms and Ammunition – As introduced, creates a Class E felony of threatened mass violence for the reckless handling, display, or discharge of a firearm while operating, or as a passenger in, a motor vehicle. – Amends TCA Title 39 and Title 55. (TEXT)
I am going out on a limb and imagine it is already against the law to threaten somebody with a firearm may it be pedestrian or mobile. Just making it “illegaler” is not solving anything plus the “display” part makes me fear that an overeager LEO pull a felony stop because somebody has grandpa’s shotgun in the gun rack of the old pick-up truck. 

And I forgot in the last post, but this is the full list of bills so far presented for the special session.

More to come.