The only armed deputy stationed at Marjory Stoneman Douglas High School the day of Nikolas Cruz’s deadly rampage asked a Broward judge on Wednesday to find he had “no legal duty” to protect the students and faculty from harm.

The judge rejected his argument.

Scot Peterson, who resigned from the Broward Sheriff’s Office in late February and is accused of shirking his responsibility by hiding instead of confronting Cruz, wanted Broward Circuit Judge Patti Englander Henning to dismiss a lawsuit filed by the family of Meadow Pollack, one of 17 people shot and killed in the Parkland school on Feb. 14.

“We want to say he had an obligation, but the law isn’t that,” said Peterson’s lawyer, Michael Piper. “From a legal standpoint, there was no duty.”

Englander Henning saw it differently, finding Peterson had a duty to the school community as someone whose job was security and who had an “obligation to act reasonably” under the circumstances of the shooting.

Scot Peterson argues he didn’t have to intervene in Parkland school shooting. A judge disagrees.

What the judge did was an act of cruelty.  We are well aware of SCOTUS decisions on No Duty To Protect and unless she is trying to establish that being assigned as a School Resource Officer is interpreted as ” Special Relationship” which is the exception to No Duty To Protect. 

I found this excellent paper explaining the Special Relationship exception. And as usual IANAL warning.

To establish a special relationship, a plaintiff has the burden of proving: (1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality’s agents that inaction could lead to harm; (3) some form of direct contact between the municipality’s agents and the injured party; and (4) the injured party’s justifiable reliance on the municipality’s affirmative undertaking.5 All four elements must be proven, and if not, the claim will fail.

Right off the bat and with the first item, the judge’s decision seems to come apart:

The first element, an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the injured party, usually involves a clear promise to take specific action on behalf of a specific individual. The promise must be definite enough to generate justifiable reliance by a plaintiff. Vague and ambiguous assurances are general statements that do not rise to the level of an affirmative duty to protect an individual.

Unless the sad sack Scot Peterson made a clear promise to Meadow Pollack as required by the SCOTUS decision, there is no exception by Special Relationship of No Duty to Protect. Since this was not probably not the case, the decision cannot stand. I just cannot believe that the judge ignored this and went ahead with the decision just to make Peterson spend money on appeals. Although it might be a satisfactory feeling, it is a waste of time and taxpayer’s money to possibly engage in legal spite.

I do believe in Karma and Peterson has a bill coming.

You don’t get to pick the day you need your gun. Someone else gets to pick that day and they will only tell you at the last minute.

Tom Givens.

It is a modernized Trench Gun:

Total capacity on the gun clocks in at nine rounds. Overall length of the shotgun measures 41 inches, and the 590A1 weighs 7.25 pounds, unloaded. Other features of the Retrograde model include a metal trigger assembly, metal safety selector, bayonet lug and recoil-absorbing buttpad.

Imagine looter wannabes turning the corner and seeing one home owner sporting a shotgun with a bayonet, specially the one used in WWI for the trench guns of the era.

Of course, this is for the younger among us that can carry it. I am going with the Mossberg Shockwave and a green laser.

They quote an article from Vox, but have to say why and that ruins their show.

The new data, released by the Centers for Disease Control and Prevention, shows that the gun death rate hit 12.2 per 100,000 people in 2017, up from 12 in 2016 and 10.3 in 1999 (the earliest year of data available). The gun suicide rate increased to 7.3 in 2017, from 7.1 in 2016, while the gun homicide rate remained flat at 4.5.

Guns killed more people than car crashes in 2017.

Suicides are not being addressed other than to pass Red Flag laws which are not really a help in this case.  We need to figure out how to help people who would need treatment without branding them as dangerous and treat them like shit. You cannot expect people in trouble to seek help if your default mode is “FUCK! He/She is dangerous! Quick, send cops to his/her house, break in (legally) take away their belongings and leave them there without even counseling them to see a therapist.”

I predict we will see cops wounded and killed because of this crap and same for the persons in need. And Brady and the rest will be there to tap dance on their blood and start a fundraiser.

Normally, The Federalist farting out some jaw-droppingly stupid false equivalence is just another weekday, but conservative gays using their sexuality as a means to defend their abhorrent views have become more and more common as queers win more widespread acceptance. (Some possibly relevant personal background: I identified as a gay male during my teen years, but now I’m probably more like trans female or genderqueer or something more fun like that.) Opportunities that would have been previously unavailable for out gays in fields like business or politics are opening up like never before, giving LGBT people newfound power to create change within the systems that previously oppressed them. But wealthy and mostly white gay men have all too often been afforded the choice not just to shed the “oppressed” label, but to become oppressors themselves. Their sexuality, then, becomes a tool used to help uphold the anti-feminist, white supremacist, wealth-favoring status quo, and they need to fucking stop.

Conservative Gays Need To Shut The Fuck Up

I had to read that paragraph three times and I still have problems trying to see the coherence among the sentences, but the message at the end is clear. We will tolerate no dissenters.

I will always find fascinating that the groups that publicize inclusion and open-mindness, will spew vitriol against anybody who differs from their dogma in the slightest. Minorities that do not dance to the tune they impose are possibly the worse of the pack and I would not be surprised that in the near future they will be told to die a fiery death. hell, I am told that just because I am a gun owner and my Hispanic/Latino origin gets conveniently ignored.

So, if the ovens open up once more, I would not be surprised to see that the ones trying to shove Jews and Gays into them are “enlightened” Jews and Gays from the Left. So don’t forget: Arm dissidents are conveniently ignored from the extermination lists.

I will admit that I do not pay much attention to the Garden State’s Gun Control initiatives because it is like trying to swim in a mental cesspool. Perhaps is why I might have missed S798 which proposed the following:

This bill revises the definition of “large capacity ammunition magazine” to reduce the number of rounds of ammunition a legal magazine may hold in this State.
Under current law, it is unlawful to own or possess an ammunition magazine that is capable of holding more than 15 rounds of ammunition.
This bill would reduce the maximum capacity of a legal ammunition magazine in New Jersey to five rounds.

And now that New Jersey got the blessing by a Federal Court to ban anything above 15 rounds, I would expect this bill to come back in 2019 and pass. Of course that would mean that they would have to do something about revolvers in 2020 because you cannot have one type of gun with no magazine, have  more rounds than the ones with magazines.

I have the feeling that Bond Arms will be selling a lot to New Jersey in the future.

Hat Tip to Fran Fiamingo.

HOUSTON – A rap video helped authorities in Houston identify 20 suspected gang members, all of whom are now facing gun charges after police said they brandished weapons while filming a music video in March.
According to a report from KSAT’s sister station, Click2Houston, rappers Emekwanem Biosah Jr, known as Maxo Kreme, and Warren Brown, known as NFL Cartell Bo, were filming a rap video at Lakewood Park when police responded to the park.

 Rap video leads to charges against 20 suspected of illegally possessing firearms

Andy Warhol’s 15 minutes of fame is now a constant craving of exhibitionism and voyeurism in the era of YouTube. Add to that a low expectation of punishment and you get a bunch of gang members that provided one police department with enough evidence for arrests.

Sincerely I have no issues if the bad guys engage in Lemming conduct and put themselves out of circulation, specially with zero civilian casualties.