A small win, I’ll Take it.

I wasn’t too happy about how they ruled regarding carrying inside the Post Office, but with regards to the parking lot… AWESOME!

By contrast, prohibiting Mr. Bonidy from securely storing his firearm in his vehicle sweeps too far; the parking lot is not similarly sensitive, and the public safety concerns associated with open carry in the building are not similarly implicated. Therefore, as applied to Mr. Bonidy and his request to use the parking lot with his gun securely stored in his car,the USPS Regulation is not substantially related to the government’s public safety interest. It is an unconstitutional burden on Mr. Bonidy’s freedom under the Second Amendment.

In sum, openly carrying a firearm outside the home is a liberty protected by the Second Amendment. The Avon Post Office Building is a sensitive place and the ban imposed by the USPS Regulation is a presumptively valid restriction of that liberty. The Plaintiff has failed to present evidence to rebut that presumption. The parking lot adjacent to the building is not a sensitive place and the Defendants have failed to show that an absolute ban on firearms is substantially related to their important public safety objective. The public interest in safety and Mr. Bonidy’s liberty can be accommodated by modifying the Regulation to permit Mr. Bonidy to “have ready access to essential postal services” provided  by the Avon Post Office while also exercising his right to self-defense.

You can read the entire decision here:

MSJ Order

It’s a win and a loss.  The loss as read doesn’t surprise me and it is one of those things that serves as a solid reminder that you’re playing a game of chess.  Make sure you have a good solid case for anything you bring before the bar.  Miscalculations, especially when you troll for a criminal case against you, can be damaging to future cases and used as precedent.

This guy had a plan and he shot for the moon but he made it to Orbit and didn’t really get burned against us at all.  They merely stated he hadn’t proven his case.  As I said in the title, I’ll take it.

via Gay Cynic.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

Quote of the Day – Judge J. Harvie Wilkinson(1/26/2013)

Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.

Judge J. Harvie Wilkinson – Aaron Tobey v Terri Jones

January 25, 2013


[First here's the background on the story.

A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.

Now let me translate Judge Wilkinson's quote for everyone.

Because our TSA agents and federal government so dislike those who disagree with the government infringing on personal liberties and freedom.  People should no longer have 1st Amendment protections to their ability peacefully protest the behavior of the agents infringing on their 4th Amendment rights.

The fact that our paid government agents would pursue and harass a man for an extra 90 minutes because he was willing to protest is evidence he should not be allowed to voice dissent.  The reason he shouldn't be allowed is because it compounds the ignorance and inability for the TSA to do its job thus making it more likely that an agency who has a track record of catching absolutely no-one to catch even fewer.

Instead the people should just silently undergo their mistreatment and act like good cattle and just get on the cattle car to the slaughter.  That way the TSA can continue stealing peoples private valuables to sell to others while under the protecting folds of working for the US Government.

Still think this whole thing is still really about making us safer?  The government does nothing but destroy and trample the rights and liberties of some to make others somehow feel they are safer.  When in fact the TSA guy just waves terrorists right on through because it's merely an illusion and nothing more.

Just remember, Judge Wilkinson obviously despises the 1st Amendment as much as he despises the 4th Amendment.  Thankfully his opinion was the dissenting one.  -B]

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

What Is Wrong With This Story?

Warning:

Image courtesy of Robb Allen found via JayG

A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar.

Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone “negligently shot” him during the confrontation inside Leone’s home.

Cutrufelli, 31, claims Leone caused him “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage.”

I don’t think so there Sparky.  You want to know what happened, you broke into another man’s house and you were upset that he fought back.  In what world can you claim that a person negligently shot you after you broke down the door into their house?

Negligently would imply that you were struck by a ND.  There is no ND here my friend. Especially since you shot at the home owner as well and then claimed to the police you shot yourself.

You are one lucky man that Mr. Leone’s bullet didn’t send your body to room temperature.

You know, they tell you that you should stop once the person is no longer a threat… About the only way it seems to permanently stop the threat is to make sure their body cools to room temperature.*  Failure to do so leaves you life and financial livelihood in peril.  Especially since there is no such thing as winning a lawsuit.

*Don’t go just plugging him though after the fact if he’s still breathing…  That just lands you in a world of crap.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

Where did she go?

Via my buddy The Learned Sergeant.

I miss her, I barely even got to know her and by the time I met her she was already on life support dying.  Bleeding profusely from everyone taking their entitlements, creating their moral wars on nouns, and ultimately dying from an ignorant public who would rather hear fanciful fairy tails than the painful truth.

Today, something very bad happened.  There is some suspicion the decision was done as one would play a game of chess.  There are some ideas of how it could work out, but it is possible to loose a game of chess if you’re not careful.

All I do know is we are no longer, and haven’t been as of recently, the best country on earth.  There is no place I would rather live, it is my home, but she is being gutted.  Government regulation and restriction has proceeded to destroy industry and innovation.  Entitlement programs have proceeded to kill self-motivation and have become nothing more than legalized theft.

All I saw today was something I loved dearly coughing and hemorrhaging blood.  Showing her mortal wound while all of us hope, pray, and plan to find a way that it may not be mortal.  Hoping we can arrest the fall before it’s too late.  Before there is no choice but to find a new frontier.  One where we can find freedom again.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

Fast and Furious, With Regards to the Cause

So if you didn’t read it, a couple of months ago I wrote a root cause analysis on the causes and reasons behind Operation Fast and Furious, also known as Operation Gun Walker.

Today Uncle posted a link to an article from CBS that stated the following:

ATF officials didn’t intend to publicly disclose their own role in letting Mexican cartels obtain the weapons, but emails show they discussed using the sales, including sales encouraged by ATF, to justify a new gun regulation called “Demand Letter 3″. That would require some U.S. gun shops to report the sale of multiple rifles or “long guns.” Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.

Think about that long and hard. These individuals broke the law willfully with an intent to create “necessity” for their new violations of the law.  Their new violation of the law was the gun control they wished to implement itself as it is a blatant violation of the Firearm Owners Protection Act.

Many have attempted to vilify the gun shops in this case saying they should have just not sold the weapons.  What these people are refusing to acknowledge is the ATF, through their regulatory power, forced these shops to sell to people the would have otherwise not sold weapons to.

Seriously, go read the CBS article, it’s is yet further evidence that validates my conclusions in the root cause analysis.

To add the icing to the cake though, I am reasonably sure the White House was aware of this program given Obama is now exercising “Executive Privilege” over the material.  I have no doubt this was his “under the radar” efforts at gun control.  As Jennifer said, “no one died when Nixon lied.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

SSCC #350 & #351–Clayton County

The Clayton County sheriff has hired two of the former Atlanta Police Department officers who were fired in the aftermath and investigations of the botched and unconstitutional Eagle raid, according to a report by WSB TV.

The city had to settle the suit for over $1 million dollars.  That’s right those two individuals cost the city $1 million in tax payer funds* and they are now employed some place else to repeat the process.

It is not as if there wasn’t cause to fire them either:

Adams and Mayes tried to get their jobs back with the APD by appealing to the city’s Civil Service Board but the three-board panel upheld the firings in both cases.

But evidently the County sheriff feels that those are the type of men he wants around his citizens.

State Sponsored Criminal #350: Willie Adams

#351: Cayenne Mayes

Because when you lie and violate the rights of citizens that is perfectly acceptable for you to go work some place else.  It’s not like someone who exercises bad judgment should get a job in a different line of work.

*I realize that while tax payers foot the bill, ultimately it’s the insurance company paying out.  What the taxpayers will foot is the increased rates because of their actions.  In the end that actually has the potential to cost the public more than just the payout.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

Quote of the Day–Joe Huffman (06/19/2012)

What is extraordinary here is that Issa didn’t have Federal Marshalls rip his jacket and shirt off, tie him face down on the table, stuff a copy of the subpoena in his mouth, give him 30 lashes with a bull whip, then tell him there would a whipping every day at 9:00 AM until he fully complied or his flesh had been stripped off and his bones were polished clean.

Joe HuffmanExtraordinary Offer

June 19th, 2012


[Personally I think Joe’s response would have been way too kind.  Give me a bucket, a rat, and a blow torch.  Some assembly required.  If you don’t know how it works, don’t worry about it, it prevents you from knowing how mean, evil, and sadistic my mind can be towards those who willingly endanger my friends and family in the name of destroying my rights.*

Don’t worry Joe, it’s not cruel or unusual.  At the time the Bill of Rights was written lashing was still a standard punishment on the high seas.  In fact so was keelhauling which I think would also be a fantastic venture for Mr. Holder. –B]

*In my defense, I would feel bad for the rat.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.

The Streisand Effect Strikes Again…

If you’re unaware of the Streisand Effect, please educate yourself before reading further.

This isn’t a full blown drama llama, but we’ll call it a baby drama llama*.

Drama Llama Baby

So for those unaware, some idiot lawyer went and demanded money from The Oatmeal because The Oatmeal pointed out in a blog post that his client was stealing copyrighted material.  The Oatmeal replied in classic Oatmeal fashion.  You can also read a legal synopsis and prediction from the opening shots here.

Then FunkyJunk’s lawyer, a supposed whiz with things related the internet acted surprised at the response.  Charles Carreon then continued to flap his wings faster and with such ferocity that a hummingbird would not know how to keep up.  Though as of last Friday I figured the weekend would swallow him whole and that would be the end of his 15 minutes of fame caused by his stupidity.

I was wrong.  It appears that attempting to shutdown a collection for two non-profits wasn’t enough.  He now intents to force them to waste funds in frivolous litigation.  There’s a term to describe individuals who do things such as that, I believe it begins with a D and ends with a K.

Seriously, in what world where you commit numerous public relation disasters at the beginning is it a good idea to file lawsuits against two non-profits?  It is not a non-profits job to filter who and who does not raise funds on their behalf.  If I say I’m raising money for Soldiers’ Angels, that is me telling you where I’m sending the funds, that is not an endorsement by the non-profit.

So Charles Carreon feels it’s a good idea to sue the American Cancer Society and the National Wildlife Federation and then wonders why the internet has reacted the way it has.  Well, he’s wondering because he’s a clueless moron that wouldn’t know how the internet actually worked if all it was is two cups with a string in-between.

If Mr. Carreon feels that people are dehumanizing him, maybe it’s because those people don’t feel he’s actually human.  I think he’s a giant troll who bullies people and organizations with frivolous litigation without thought for the effect it will have on his fellow man.  His only thoughts are focused on how he can get people to stop pointing out how he’s an idiot.

If he hadn’t done anything this whole incident would have faded into obscurity but instead he doubled down on stupid.  Heck even after the response from the The Oatmeal just shutting up would have worked in his favor in allowing it to quickly blow over.

So in closing, Charles Carreon, you sir are a giant STD encrusted dick.  You’re actions and frivolous threats at the beginning were bad enough.  Now though you have proved your dickishness to the world by attacking two charities, one who’s sole goal is to the betterment and health of your fellow man.  Yeah, you’re not human, you’re a big fat dick.  Thank you for playing.

No I will not take this down because legally this is acceptable under the first amendment much to your dismay and displeasure.  I have provided facts and evidence to support my position, you and your legal threats amount to you throwing a tantrum like a 4 year old in a supermarket.  Grow up and act your age you spoiled rotten brat.  Besides the way to make stuff like this not happen to you is actually quite simple.  Don’t be a dick!

*I got pictures of llamas over the weekend and I need to use them so they get into the wild.  Winking smile

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do it’s thing.