Obama’s Advancement of Gun Control

Obama has been pretty careful about the topic of gun control, a stance that has left some of his supporters less than impressed. The National Rifle Association (NRA) has been warning the people about a second Obama term without offering any real solution, Obama has been fulfilling his promise of working on gun control under the radar in the form of Fast and Furious. Fast and Furious has been a fiasco, one so severe Congress put a prohibition in the Department of Justice appropriations bill against using funds for another Fast and Furious-esque operation. As Uncle brought to our attention, Obama wants to strip that prohibition from the appropriations bill:

President Obama is using his budget to advance an anti-gun agenda just before the election. One particularly sneaky provision buried deep within his submission to Congress Monday would, if enacted, allow the mistakes of the “Fast and Furious” gun-walking scandal to be repeated.

In November, the president signed the Justice Department appropriations bill, which included language from Sen. John Cornyn, Texas Republican, prohibiting federal agencies from facilitating the transfer of an operable firearm to an individual known or suspected to be in a drug cartel, unless they monitor the weapon at all times.

Now Mr. Obama is proposing to remove that provision from the 2013 spending bill, thus making it legal to revive gun-walking operations in the future. The White House justification is merely that the prohibition is “not necessary.”

Emphasis mine. The prohibitions isn’t necessary? I think the very fact that Fast and Furious exists is enough proof that such a prohibition is necessary. Fast and Furious isn’t a hypothetical operation that has been whispered about in the halls of the Department of Justice, it is an actual operation that went down and cost lives.

Wanting to remove the prohibition from the appropriations bill demonstrates the desire of Obama to enact stronger gun control in this country. The same goes to every member of the legislature that agrees to the removal of the prohibition. Fast and Furious being about gun control isn’t an unsupported conspiracy theory, it’s an accusation backed by strong evidence.

Why Minnesota Needs Stronger Self-Defense Laws

I was bored and needed something to write about so I went to my favorite source of inane stupidity, the Star Tribune. Let me say that I found some gold:

Those writing letters in favor of the “shoot first” bill apparently haven’t bothered to check out existing relevant law.

It is clear, in my opinion, that Minnesota statutes 609.06 and 609.065, taken together, authorize a person to use force, including deadly force, that is reasonably necessary to prevent an offense upon that person, or when assisting another.

I’m not aware of any “shoot first” bill making its way through legislature, only HF 1467 and SF 1357. My assumption is that the letter writer is referring to those bills without actually understanding them because there is no wording in either version that authorizes anything about shooting first.

Either way, being a diligent man I decided to look up the statutes being referred to by the author. First we have 609.06 titled Authorized Use of Force:

609.06 AUTHORIZED USE OF FORCE.

Subdivision 1. When authorized. Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:
(1) when used by a public officer or one assisting a public officer under the public officer’s direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against the person; or

(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger’s personal safety; or

(9) when used to restrain a person who is mentally ill or mentally defective from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person’s control, conduct, or treatment; or

(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.

Subd. 2. Deadly force used against peace officers. Deadly force may not be used against peace officers who have announced their presence and are performing official duties at a location where a person is committing a crime or an act that would be a crime if committed by an adult.

The obvious fact I wish to point out is the wording “reasonable force.” What amount of force is “reasonable?” There is no set in stone answer to that because everybody’s idea of reasonable is subjective. Whereas I find it reasonable to use deadly force to defend yourself from a mugger (because you can’t be sure mugging you is the only thing they intend to do) another person may not. As the law is currently written any use of force subjects the person using force to scrutiny and another person’s idea of what amount of force was reasonable (and remember that the person(s) judging were not there when you had to restort to force).

The use of deadly force is outlined in the second law mentioned by the author, 609.065:

609.065 JUSTIFIABLE TAKING OF LIFE.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode.

Emphasis mine. 609.065 specifically states that 609.06 does not authorize the use of deadly force. Therefore the use of deadly force in all mentioned actions in 609.06 is prohibited except “when necessary in resisting or preventing an offense which an actor reasonably believes exposes the actor or another to great bodily harm or death…” Once again the wording of this law is the part that can bite you in a self-defense case. Is deadly force necessary in resisting an assailant? That really depends on who you ask and whether or not the person you ask can come up with methods in which deadly force could have been avoided. If you’re being mugged and you shoot the mugger was violence necessary? Could you have simply surrendered your belongings? Some people would say yes, while others would say there is no way of knowing.

The self-defense bills in the legislature are written to eliminate these subjective statements and give those involved in self-defense cases the benefit of the doubt. Namely the bill removes the argument that a person involved in a self-defense case could have retreated by eliminating their duty to retreat:

Subd. 3. Degree of force; retreat. An individual taking defensive action pursuant to subdivision 2 may use all force and means, including deadly force, that the individual in good faith believes is required to succeed in defense. The individual may meet force with superior force when the individual’s objective is defensive; the individual is not required to retreat; and the individual may continue defensive actions against an assailant until the danger has ended.

If a person no longer has a duty to retreat they can no longer be prosecuted for using deadly force if a third party could perceive a method in which the defender could have fled. Remember that those judging your actions and determining whether or not your use of force was “reasonable” weren’t there, they didn’t witness or take part, and they have no firsthand knowledge of what went down. Hindsight is 20/20 and it is possible that an outside looking at the situation after the fact could conjure up an avenue of retreat the defend did not notice. If somebody attacks you the benefit of the doubt should be on your side and you should have a legal right to take any means to ensure the preservation of your life. In a self-defense case the defender is not the initiator of violence and thus should not be judged as the criminal.

Not written into these statutes is the requirement to first “retreat” from a confrontation if it is reasonable and safe to do so. Importantly, the requirement to retreat does not apply in one’s home.

People need to understand that Americans inherited a great deal of common law, which is where the duty to retreat originates from. If the author of this letter actually read either HF 1467 or SF 1357 he would know this:

relating to firearms; clarifying and delimiting the authority of public officials to disarm individuals at any time; clarifying law on use of force in defense of home and person; codifying and extending Minnesota’s self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self-defense outside the home;

Emphasis mine. Both bills specifically state that they eliminate the common law duty to retreat; it does not make any claim of repealing a supposed duty to retreat statute currently on the books. You don’t even have to be a lawyer to figure this out, you need only open Google and search for “common law duty retreat.”

The author is correct that the duty to retreat doesn’t apply to one’s home. This was decided by the Minnesota Supreme Court:

A duty to retreat does not attach to defense of dwelling claims. So long as a person claiming defense of dwelling meets all of the criteria for making his or her claim – that the killing was done in the belief that it was necessary to prevent the commission of a felony in the dwelling, that the person’s judgment as to the gravity of the situation was reasonable under the circumstances, and that the person’s election to defend his or her dwelling was such as a reasonable person would have made in light of the danger to be apprehended – the person need not have attempted to retreat from his or her home.

Of course the failure here is, once again, the author’s lack of actually reading either self-defense bill (or, if he did read them, a lack of comprehension). Let’s look at the language in HF 1467 and SF 1357:

expanding the boundaries of dwelling for purposes of self-defense;

[…]

(d) “Dwelling” means a building defined under section 609.556, subdivision 3, an overnight stopping accommodation of any kind, or a place of abode, that an individual temporarily or permanently is occupying or intending to occupy as a habitation or home. A dwelling includes, but is not limited to, a building or conveyance and that building’s or conveyance’s curtilage and any attached or adjacent deck, porch, appurtenance, or other structure, whether the building or conveyance is used temporarily or permanently for these purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home, tent, or the equivalent.

Both bills expand the definition of dwelling to include things like camping tends, automobiles, etc. In other words you will enjoy the same protections in your car as you would in your home.

Minnesota’s self-defense laws have worked very well for a long time. No one is in prison for acting reasonably in defense of one’s self or home. There have been several cases in recent years of the use of deadly force by a person in defense of their home, and the defenders were not charged with any crime.

The bill proposed by Rep. Tony Cornish would seriously alter long-accepted standards of reasonableness, to the detriment of our citizens and the safety of law enforcement officers.

Actually the bills add clarification to a currently subjective scenario. Instead of leaving the just use of force open to interpretation it more strongly clarifies when force can legally be used. As I stated before “reasonable” is a subjective and as much subjectivity as possible should be removed from law.

Our legislators would better serve if they paid heed to the positions of Minnesota’s Police Chiefs, rank-and-file law enforcement officers and our state’s County Attorney’s Association, all of which adamantly oppose this bill.

JERRY DHENNIN, COON RAPIDS

Why would they be better served?

Minnesota HF 1467 Being Heard Tomorrow

Just a heads up, HF 1467, the Minnesota self-defense bill, is being heard in the Minnesota Senate tomorrow. The bill already passed the House last year so once it’s through the Senate is merely needs to get Dayton’s signature (some people are doubting he’ll sign it but he’s an alcoholic so we only need to wait until he’s drunk before slipping it onto his desk) and Minnesota will have some much needed improvements to our self-defense laws.

Old People Don’t Mess Around

Via Gun Free Zone we get a lesson in fighting with the elderly, and that lesson is don’t fight with the elderly or they’ll outlive you:

When a residential burglar fired a gun at Jay Leone last month, he was initially too angry to realize he had been shot in the head, he testified Friday.

“To tell you the truth, I never felt a thing,” said Leone, 90, of Greenbrae. “I said, ‘F—- you, you son of a bitch, now it’s my turn.'”

Getting shot in the head won’t stop a pissed off old man. Some punks forget that these people didn’t get old by being total pushovers, they got old by being bad asses. So if you’re cruising around looking for easy marks to rob just remember that the 90 year-old man walking down the street is 90 years old and has probably dealt with far worse than you’re little punk ass.

More Proof that Fast and Furious was About Gun Control

Uncle has more proof that Fast and Furious was about gun control, not curbing the supply of weapons to Mexican drug cartels:

In the Fronteras interview, Coulson also claimed ATF knew that what has come to be known as the “90% lie” was a myth. Secretary of State Hillary Clinton and others had been pushing the line that 90% of guns seized in Mexico came from the U.S.

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“Among federal law enforcement, that became somewhat of a joke,” Coulson said. “We all knew that was whatever weapons the Mexican government decided to follow or trace back to the U.S. and never took into account the weapons that came in from Central America, from other countries around the world.”

This myth was behind the Justice Department announcement last April 25 that it was making 8,500 gun stores in Arizona, California, Texas and New Mexico report individual purchases of multiple rifles of greater than .22 caliber by law-abiding American citizens to the ATF because — get this — such guns are “frequently recovered at violent crime scenes near the Southwest border.”

This corroborates previous evidence demonstrating that Fast and Furious was nothing more than a sham operation meant to create an excuse to enact more gun control in this country.

Americans seem to believe that they can hold the government responsible through voting, protesting, petitioning, and writing their “representatives.” These beliefs are false because if the populace make too much of a fuss about something the government simple goes from using overt tactics to covert tactics. Passing gun control laws in this country has become far more difficult today than it was back in the heydays of the 1990s. Members of the government, still wanting to disarm the populace, know passing gun control laws is akin to political suicide so they’ve changed their tactics. Instead of passing bills that decree further restrictions on gun ownership they are using their already possessed regulatory power and creating false flag incidents to justify the new regulations.

I realize many people will simply label me a conspiracy theorist (something I’m not, in general I’m very skeptical) for the claims I’ve just made but the proof supports Fast and Furious being a false flag operation so, at the very least, I’m vindicated on this issue.

Starbucks Appreciation Day

Remember that today, Valentine’s Day, is also Starbucks Appreciation Day. For those who aren’t in the loop Starbucks Appreciation Day is where gun owners of all sorts viste their local Starbucks, buy some coffee and pastries, and thank Starbucks for now bowing to anti-gunner pressure. Starbucks has stated numerous times that they will not ban the carry of firearms at their establishments, something that has been irking the anti-gunners something fierce. In a fit of rage the anti-gunners have declared today to be Starbucks Boycott Day. I’m pretty sure a bunch of gunnies going to purchase coffee will more than offset the lack of anti-gunners patronage.

Minnesota Omnibus Gun Rights Legislation is Back

I’m back in Minnesota and thus can begin posting time relevant information again. My arrival in Minnesota greeted me with some good news, last year’s omnibus gun rights legislation is back:

Last year, GOCRA worked with Minnesota legislators to introduce the Defense of Dwelling and Person Act, a sweeping set of legislation that would fundamentally rebalance Minnesota law to protect and support the rights of law-abiding citizens.

While the House bill, HF1467 passed a vote, SF1357 was tabled in order to delay a vote for one year. That year is up and the omnibus gun rights legislation is back and ready for action.

Just Throw Money at It

Through Uncle I learned that Mayor Bloomberg is putting up some major money and buying an advertisement during the Super Bowl to promote his gun bigotry:

He also announced that he and his Boston counterpart, Mayor Thomas Menino, would appear in an anti-illegal gun commercial during the championship game, joining the race for Super Bowl ad space.

The spot shows the two leaders of Mayors Against Illegal guns in an animated discussion and clad in their team jerseys on a couch in front of a television.

Bowls of chips and popcorn along with a football lie on a glass table before them.

The 30-second spot will run regionally because of restrictions against issue-oriented ads on the national broadcast. The Mayor’s Against Illegal guns, which counts Bloomberg among its private donors, funded the clip.

The biggest problem with anti-gunners is that they only know how to do one thing: throw money at something until it goes away. Members of the Brady Campaign, Violence Policy Center, and Mayors Against Illegal Guns have no facts to backup their cause so they simply hope they can spend enough money to make guns go away. Luckily for use throwing money at something never actually makes it go away.

Mexican Citizens Taking Up Arms Against the State’s Decrees

What do you do when the state ruling over your area refuses to protect you and even goes so far as to make it illegal to protect yourself? You give them the middle finger, which is what many Mexican citizens are doing to protect themselves against the drug cartels:

In Mexico, where criminals are armed to the teeth with high-powered weapons smuggled from the United States, it may come as a surprise that the country has some of the most restrictive gun laws in the world.

Smuggled in by our government as part of Operation Fast and Furious.

But on July 7, 2009, close to 20 men showed up at Benjamin LeBaron’s house, according to his older brother, Julian LeBaron.

“They wanted to terrorize everyone into never opposing them,” Julian LeBaron says. “They dragged Benjamin out of his house, and [his brother-in-law Luis Widmar] came to help him.”

Then, he says, the criminals took the two men a couple of miles down the road and shot them.

The cold-blooded murders of Benjamin LeBaron and Luis Widmar galvanized the community, Julian LeBaron says. It prompted them to take a stance that is familiar to Second Amendment advocates in the U.S., but one that is taboo in Mexico.

“I think there would be less violence if there were more guns, in the sense that I could barge in here and do whatever I want, knowing that this guy doesn’t have a gun,” says Jose Widmar, the brother of slain Luis.

Today, if the gangsters return, the LeBaron colony is locked and loaded.

The average person in the United States and most European nations are fortunate that they can live a life relatively free of violence. Unfortunately relatively safe lives lead people to forget the necessity of self-defense and thus lose pasion for their right to keep and bear arms.

These lessons are quickly being learned in Mexico though, where armed drug cartels all but run the country and view human life as being without value. The Mexican government has been unable to protect the people yet demand the people be unarmed. Now people living in Mexico are going to the really free market (often incorrectly called the black market) to obtain the means of personal defense. I commend these people and demand those advocating for the disarmament of the citizenry explain what alternative these people have.

Starbucks Appreciation Day

In response to an anti-gunner protest of Starbucks scheduled for February 14th the gun community is declaring that day Starbucks Appreciation Day.

Starbucks has publicly declared that they will not ban guns on their premisses, instead relying on state laws. The threw the anti-gunners into a tizzy because they were trying to get Starbucks to ban the carry of firearms at their establishments.

We should be supporting companies who are willing to stand up for our rights. On February 14th stop by your local Starbucks, pick up some coffee, and make sure you let the employees working there know that you’re happy about Starbucks’s policy of supporting your right to bear arms. While the 10 or so anti-gunners boycott Starbucks we gun owners, who measure in the millions, can create a surge in profits.