Archive for February, 2011
Author: DO you live in a house or a condo or perhaps an apartment? Most of us do not live in tents or caves, but Barney Frank (D-Ma) and Chris Dodds (D-Ct) tried to make that happen… Maybe you will want to read this.
I am going to point out some court decisions that have come down on the side of the police. These cases were filed by people who were victims of violent crime, or filed by the surviving members of families on behalf of a member killed by violent criminals. They have two things in common, 1. The police did not arrive in time, or at all, to save the victim(s), and 2. No one has ever won a decision in court against the police because someone died before they could respond. Here are a sample of four cases to highlight why the Second Amendment is vital. At the end I will give a brief summary as to why this is the way things will always remain.
This first case, (1) concerns two women in D.C. who called the police for help when they heard people breaking into a closed off section of their apartment building. They called many times over an hours time frame before the criminals broke into where they were hiding. Over the next 14 hours they were repeatedly raped before the criminals decided to leave. The police never came. The criminals were never caught. (pay close attention to what the court ruled)
1. In Warren v. District of Columbia (1981), The D.C. Court of Appeals ruled, “official police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection…a government and its agents are under no general duty to provide public services, such as police protection, to any particular citizen.”
This next decision, (2) from the court is simply chilling, but, in lock step with the thread that runs through all of these court decisions. (pay close attention to the courts ruling) For more on this case and other cases like those mentioned on this page go to: www.endtimesreport.com/NO_AFFIRMATIVE_DUTY.htm
2. In Bowers v. DeVito (1982), the Seventh Circuit Court of Appeals ruled, “[There is no constitutional right to be protected by the state against being murdered by criminals or madmen.]”
This next case, (3) involves a woman, (Linda) who had a restraining order against her violent husband, she lived in the city of New York. She was killed by her husband. The city had then, as it has now, a ban on firearms, even for protection, Linda was a good little citizen (victim), followed the law, so, did not own a gun…….and died because of it. (pay very close attention to the court ruling ).
3. Riss v. NYC, (1958). Justices rule Police do not have a constitutional duty to protect someone. The ruling applies even for a woman who had obtained a court issued protective order against a violent husband, making an arrest mandatory for a violation. Linda’s family lawyer stated; “What makes the City’s position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry/own any weapon for self defense. Thus by a rather bitter irony she was required to rely on the City of New York for protection which now denies all responsibility to her”.
Is it starting to SINK IN YET ?
And last, but certainly not least, # 4 …(pay close attention)
4. Castle Rock v. Gonzales, on June 27, the Supreme Court found that Jessica Gonzales, did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales husband, with a track record of violence, stabbing Mrs. Gonzales 3 children to death after abducting them, the police told her to wait and see if he brought the children back and made no move to locate the children. Mrs. Gonzales could not get the Supreme Court to change their 7-2 decision for one’s individual protection.
It is a well settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen received death threats.
There have been over 10 various Supreme and lower court cases the individual has never won, and never will win. Notably, the Supreme Court stated this about the responsibility for the security of your family and loved ones security; “You, and only you, are responsible for your security and that of your family and loved ones“. That was the essence of a U.S. Supreme Court decision in the early 1980′s when they ruled that “the police do not have a duty to protect you as an individual, but to protect society as a whole“.
I thought society was made up of individuals? ?
This is the rock bottom line folks, YOU ARE ON YOUR OWN! When you hear all the clowns, (our own ‘reps’) screaming about ‘gun control’ and banning law abiding citizens from owning guns, or cities forcing people to rely on the police for protection, don’t buy it. Never give up your right to self defense, even if that means ‘breaking’ the law,……maybe you should read number 3 over and over again, until it sinks in. If, as the Supreme Court says, “that we alone are responsible for our own safety”, we can never allow anyone to negate our Second Amendment or God given rights to self defense!
Summary:
I know the courts will never allow a case to hold police responsible where someone died because they did not respond in time, or at all, that would open the flood gates of litigation, bankrupting police departments all over the country, because it is a common fact they get to the scene after the fact to gather evidence. So stop being naive by thinking the police will get there in time, it is your responsibility, and duty to defend yourself and your family at the very moment crime happens. The police are the ‘clean-up crew’, you make sure it will not be any of your family members they will put into body bags.
I would much rather be judged by a jury of my peers, than be murdered, and carried by six to the cemetery because I FOOLISHLY put my ‘trust‘ in the government to protect me and mine.
And you should take note of this; Even in light of the above mentioned facts, there are those in positions of authority all over the country that treat the people in their jurisdictions as if they were mere annoyance’s. Example: In San Diego County, Sheriff William Gore will not consider issuing a gun permit unless someone can show they have ‘good cause’ for it first. This is his definition of ‘good cause’; “A set of circumstances that distinguishes the applicant from other members of the general public and causes him or her to be placed in harms way”, adding to this, “fear for ones personal safety is not, standing alone, considered by me as ‘good cause’.”
Mark’s Note: About Sheriff Gore. In my estimation, after reading this highly educated pinheads convoluted ‘reasoning’, I can only come to one conclusion. He, and many other, politically appointed hacks must think, {whats the point of having authority if you cant abuse people with it by playing ‘God’ with their safety}? I believe he, and others, are callously putting the lives of people in danger because they want to and because they can. With that in mind, remember to read number 3 over and over until it ‘sinks’ in.
“When injustice becomes law, resistance becomes duty” -THOMAS JEFFERSON-
Submitted by Mark Shean on 2-24-2011
Posted in 
First, if you would like a copy of your adult criminal record, (if any) you can call the CORI unit at 617-660-4640, I think the fee is $25. You can use this report to clarify, in your own mind, if there are any possible ‘road blocks’ that may stand in the way of your getting a gun license. Conviction”; A finding or verdict of guilty or a plea of guilty, whether or not final sentence is/was imposed.
I will list some laws that you as a gun license holder are required to know. I am not a lawyer, but the last time I checked I don”t have to be to reproduce what is public information, is at times vague, confusing, and contradictory. There will not be any order to this information, and I am not going to sprinkle case laws throughout to justify anything, it is what it is. I will just put down the facts as they stand at this time, not always verbatim. You may or may not be aware of this information, but like I said, as a license holder your supposed to be aware of it, and more. This list is not all inclusive, it is an example of what you need to know, the links provided help to show a more complete picture. M.S.
These are a list of links that are important, starting with a link that has a letter+ petition for review concerning past misdemeanor convictions; www.mass.gov/Eeops/docs/chsb/firearms/Petition%20and%20Instruction%20Letter_20100126.pdf Or www.handgunlaw.us/states/massachusetts.pdf Or www.malegislature.gov/Laws/SessionLaws/Acts/1988/Chapter180 Or www.malegislature.gov/Laws/GeneralLaws/PartI/Titlexx/Chapter140/Section131l
1. Change of address notification form. Any licensee shall notify, in writing, the licensing authority who issued said license, the chief of police into whose jurisdiction the licensee moves, and the executive director of the criminal history systems board within 30 days of your move. You may pick up these forms at any local police dept. Failure to notify shall be cause for revocation or suspension of your gun license. Directions on the form are clear and easy to follow. While it is a given that the authorities do not have any knowledge of where the criminals live with their illegal firearms, it may not comfort you to know that not one crime will be prevented by the authorities knowing exactly where you live at all times.
2. Transfer/Sale of Firearm(s). A seller shall report all such transfers to the executive director of the criminal history systems board, according to the provisions set forth in section one….etc,etc,etc. In short, you can pick up the transfer form at any local police station and follow the instructions. The transaction must be reported within 7 days. Failure to report the private sale of a firearm(s) may be cause for permanent revocation of your gun license, and shall be punished by a fine of not less than $200 nor more than $1,000 for a first offense. A fine of not less than $1,000 nor more than $5,000 for a second offense……. I’m not sure here how a second offense could come down the pike if you lost your gun license ‘permanently‘ for a first offense, so….. file this second penalty under “BEWARE” I guess.
3. Notice shall be sent by first class mail to license holders 90 days prior to your license expiring, and a form shall be enclosed for the renewal of such license. I guess this is why the heavy penalties if you don’t notify the authorities when/where you move, they dont want to waste our tax money on postage, there are more important pork projects to waste it on.
4. If you do not intentionally let your gun permit expire, and was not otherwise disqualified from renewing it, (you just forgot, life got in the way), and then when you go try to renew it, you will be subject to a civil fine of not less than $500 nor more than $5000. That should keep honest people from trying to renew a simple expired license………Hey, you keep voting these so-called ’law makers’ back into office, deal with it.
4. (part 2) Any law enforcement officer who discovers a person to be in possession of a firearm(s) after the person’s license has expired, meaning after 90 days beyond the stated expiration date on the license, or it has been revoked or suspended solely for failure to give notice of a change of address, said officer shall confiscate such firearm(s), and the expired or suspended license as well, and said officer shall forward the license to the licensing authority by whom it was issued. The officer shall provide a written inventory to owner of firearm(s) confiscated and shall exercise due care in the handling, holding and storage of these items. Any confiscated weapon shall be returned to owner upon the renewal of the license within one year of such confiscation, or the firearms will be disposed of through auction. Basically, your guns will be held hostage until you cough up the $500 to $5000 dollar ransom as punishment for your being forgetful.
5. Either a Class A or Class B license shall be valid for the purpose of owning, possessing, purchasing and transferring non-large capacity rifles and shotguns, and for purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, consistent with the entitlements conferred by a firearm identification card.
6. Penalty for loan of money secured by weapons; Whoever loans money secured by mortgage, deposit or pledge of a firearm(s), shall be punished by a fine of not more than $500 dollars or by imprisonment for not more than one year, or by both. Banks and other institutional lenders are exempt and can do this. The government and its big money lobbyists hate competition.
7. Sale or possession of electrical weapons, (stun guns). It is illegal, it carries a fine of not less than $500 nor more than $1000 or by imprisonment in the house of correction for not less than 6 months nor more than 2 1/2 years, or by both fine and imprisonment. A law enforcement officer may arrest without a warrant any person whom he has probable cause to believe has violated this section. Non law enforcement, (civilians) can not own/have them.
8. Citizens Right to arrest; A private citizen may lawfully arrest someone who has in fact committed a felony. Felonies include the crimes of murder, rape, assault, or assault and battery with a dangerous weapon, robbery, and burglary. A felony is any crime punishable by death or imprisonment in State Prison. All other crimes are misdemeanors. The private citizen cannot use fatal force to effect an arrest or prevent escape of one who had committed a felony concerned with property only. The citizen can only use that amount of force necessary to bring the person under control when effecting the arrest.
9. The ‘Castle” statute, (Doctrine); The statute provides to one that injures or kills another in a dwelling an affirmative defense under certain circumstances. (a) Person using defense is an occupant of dwelling. (b) Reasonable belief that another is about to inflict great bodily injury or death upon the occupant or other lawfully present person(s). (c) The threatening attacker is unlawfully in said dwelling. (d) That occupant used reasonable means to defend himself or others lawfully present. The statute also says, “There is no duty for the occupant to retreat from the person who is unlawfully in said dwelling.
10. About BB guns, Air Guns, and Paintball Guns; Adults do not need an LTC/FID to purchase a BB gun, Air Gun, or Paint Ball Gun. Minors under 18 may not buy BB Guns, Air Guns or Paint Ball Guns. No Person shall discharge any projectile from these guns, across any street, alley, public way, or railway right of way. No minor, unless a holder of a sporting license, shall discharge these guns unless accompanied by an adult. There is a fine of up to $100 and confiscation of BB gun or Air Gun. BB guns, Air Guns, and Paint Ball Guns are dangerous weapons per M.G.L. c. 265, Assaults and Assault and Battery. BB Guns, Air Guns, Paint Ball Guns, are firearms by definition per. G.L. c. 269 10 (a.j.), as they relate to possession on school grounds. BB pellets are not ammunition.
11. Definition of Ammunition; Cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm. The term ‘ammunition’ shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate. It is a crime to possess ammunition without an LTC or FID card, this is an arrestable violation. The Commonwealth, in the context of a prosecution under M.G.L. 269 10 (h), does not bear the burden of proving that any particular ammunition is capable of being fired… Rather, the government must show only that the alleged ammunition is designed for that purpose.
12. ”Conviction”; A finding or verdict of guilty or a plea of guilty, whether or not final sentence is/was imposed.
Submitted by Mark Shean, 2-23-2011
Forward; By Mark Shean,
This next article has been floating around the Internet, and so far I have seen it attributed to three different people. I think it strikes a very true chord that reasonable people should all easily understand, what ever side of the fence you may be on. I have decided to post it here for your consideration. At the end I will put its author as ’Anonymous’, since I am sure three different people did not all write the same thing word for word….. It echo’s what I have been writing about for years concerning the fallacies of the so-called ‘gun control’ crowd and their flawed/dangerous reasoning. MS
Why Carrying A Gun Is A Civilized Act;
Human beings only have two ways to deal with one another: reason and force. If you want me to do something for you, you have a choice of either convincing me via argument, or force me to do your bidding under threat of force. Every human interaction falls into one of these two categories, without exception. Reason or force, that’s it.
In a truly moral and civilized society, people exclusively interact through persuasion. Force has no place as a valid method of social interaction, and the only thing that removes force from the menu is the personal firearm, as paradoxical as it may sound to some.
When I carry a gun, you cannot deal with me by force. You have to use reason and try to persuade me, because I have a way to negate your threat or employment of force.
The gun is the only personal weapon that puts a 100 pound woman on equal footing with a 220 pound mugger, a 75 year old retiree on equal footing with a 19 year old gang banger, and one guy on equal footing with a carload of drunk guys with baseball bats. The gun removes the disparity in physical strength, size, or numbers between a potential attacker and a defender.
There are plenty of people who consider the gun as the source of bad force equations. These are the people who think that we’d be more civilized if all guns were removed from society, because a firearm makes it easier for a [armed] mugger to do his evil deeds. That, of course, is only true if the mugger’s potential victims are mostly disarmed either by choice or by legislative fiat, it has no validity when most of a mugger’s potential ‘victims’ are armed.
People who argue for the banning of arms ask for automatic rule by the young, the strong, and the mob, and that’s the exact opposite of a civilized society. A mugger, even an armed one, can only make a successful living in a society where the state has granted him a monopoly on force.
Then there’s the argument that the gun makes confrontations lethal that otherwise would only result in injury. This argument is fallacious in several ways. Without guns involved, confrontations are won by the physically superior party inflicting overwhelming injury on the loser. People who think that fists, bats, sticks, or stones don’t constitute lethal force, watch far to much TV, where people take beatings and only come out of it with a bloody lip at worst. The fact that the gun makes lethal force easier works solely in favor of the weaker defender, not the stronger attacker. If both are armed, the field is level.
The gun is the only weapon that’s as lethal in the hands of an octogenarian as it is in the hands of a weight lifter. It simply wouldn’t work as well as a force equalizer if it wasn’t both lethal and easily employable.
When I carry a gun, I don’t do so because I am looking for a fight, but because I’m looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don’t carry it because I’m afraid, but because it enables me to be unafraid. It doesn’t limit the actions of those who would interact with me through reason, only the actions of those who would do so by force. It removes force from the equation…that’s why carrying a gun is a civilized act.
“The greatest civilization is one where law abiding citizens choose to be armed, they then can only be persuaded, never forced”. Anonymous-
Submitted on this site by Mark Shean, 2-15-2011
Criminals prefer unarmed victims, Politicians prefer disarmed subjects. (Bumper sticker)
Quotes from two original Patriots;
” Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.” -PATRICK HENRY-
“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government“. -GEORGE WASHINGTON-