Tag Archive: Law


Sen. Rand Paul Wants To Make It Harder For The Feds To Take Your Stuff

 

 

 

 

 

” Sen. Rand Paul (R-Ky.) today announced he has introduced the FAIR (Fifth Amendment Integrity Restoration) Act to add a bit more due process to the system by which federal prosecutors seize citizens’ assets, often before ever proving they’ve broken the law. From his office’s announcement:

  The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General’s Asset Forfeiture Fund to the Treasury’s General Fund.

” The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime,” Sen. Paul said. “

 

Reason has more

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Flying A Drone Through Fireworks May Land You In Prison

 

 

 

 

 

 

” Every Fourth of July there are stories about idiotic things that people do while celebrating Independence Day.  This year’s story is probably going to be about drones and fireworks.

  The proliferation of consumer drones (also known as quadcopters or remote controlled helicopters) has generated countless news stories about irresponsible things that people do with their new toys.  Those stories have prompted many to call for new laws, but most of the unsafe conduct we witness occurring with these toys is already arguably covered by existing laws.  Consider the video posted by Jos Stiglingh, that’s sure to give amateur drone operators a few bad ideas.  The video, filmed with a GoPro Hero 3 Silver, shows the view from a DJI Phantom 2 quadcopter flying in and above a fireworks show.”

 

 

    There is no doubt that the video afforded by the drone flight through the fireworks is spectacular and there is certainly a measure of risk to the drone from the exploding shells , but having worked for several professional fireworks companies I must state the the tone that the Forbes author adopts towards the end of his piece is a bit alarmist as regards the danger posed to the pyro-technicians and spectators …

 

 

” There’s no doubt that the HD video is stunning.  It’s also dangerous and likely unlawful (at least if it occurred in the United States).  The flight is unsafe as the existence of the drone in the airspace above the fireworks display creates an increased risk of hazardous debris (from the fireworks or the drone) falling into spectator areas.  There is also the remote possibility that a firework colliding with a drone may divert the pyrotechnic downward into spectator areas, causing it to detonate where it otherwise should not.  The drone in this video made it safely through the fireworks, but put a few more drones in the air and you’re also bound to have a mid-air collision.  All of these factors show how this operation was unsafe.  While this drone operator escaped getting hit with a firework, there’s no way he could have planned that.  Avoiding the explosions was luck, not skill. “

 

 

   First and foremost one must consider that these grand pyrotechnic displays are not shot straight up , nor are they aimed to explode over the tops of the audience’s heads . That would be ludicrous in the extreme . All displays are set up with the express understanding that any given lift charge could fail thus enabling a product of anywhere from 3″ to 12″ to explode at any altitude , including in the tube itself . For that very reason all displays are set up far from the audience and aimed over an area , often water , that is uninhabited .

    All fireworks displays are carefully set up with the idea that dangerous debris will fail from the sky and an obliterated 5 pound drone is unlikely to cause any harm to anything other than the owner’s bank account . Just another example of State control , this time propagated with the help of Forbes .

 

 

 

Read more at Forbes

 

 

 

 

 

 

 

 

 

 

VIDEO: Courageous Citizen Attempts To Pull Over A Cop

 

 

 

” A civilian tries to call out the police on their “above the law” hypocrisy by attempting to pull over and cite an officer driving down the road without his seat belt on. The cop scoffs at the underling’s attempts, but it is a valiant effort nonetheless.

  The seat belt requirement is nothing short of another tax on driving and it should be completely up to the individual whether or not they would like to wear their seat belt. Yes seat belts save lives, but this does not grant the state the right to violate your person or property to mandate that you wear one.”

 

   This video is a year and a half old but we must commend the citizen for his efforts , futile as they were . Read more at the Free Thought Project .

 

Ex-Judge Napolitano: Govt’s Raid On Nevada Ranch ‘Draconian’

 

 

 

 

 

” The federal government used draconian methods in its raid involving Cliven Bundy in an attempt to scare the Nevada rancher in their dispute over grazing rights, said former Judge Andrew Napolitano.

” The draconian, authoritarian way that the government is going after Mr. Bundy is obviously to try and scare him, and scare ranchers, and send a message which is utterly un-American and not consistent with a free people,” Napolitano, a former New Jersey Superior Court judge, told “Fox & Friends” on Tuesday.

  Napolitano said the proper procedure for resolving a dispute would be to file documents in the court system, not through the use of force by the government.

” When you owe the government money, they don’t come with guns and troops. And they don’t threaten the media that are there to cover it. You file a document in the courthouse, and it’s a judgment on the property,” Napolitano said.

  Napolitano said he was “shocked” to see federal agents dressed like troops “in camouflage and with M-16s” adding that the BLM is not “a military or a law-enforcement entity.” “

Read more at Newsmax

 

 

 

 

 

 

 

 

 

Islamic Law Is Adopted By British Legal Chiefs

 

 

 

 

 

” Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.

  Under ground-breaking guidance, produced by The Law Society, High Street solicitors will be able to write Islamic wills that deny women an equal share of inheritances and exclude unbelievers altogether.

  The documents, which would be recognized by Britain’s courts, will also prevent children born out of wedlock – and even those who have been adopted – from being counted as legitimate heirs.

  Anyone married in a church, or in a civil ceremony, could be excluded from succession under Sharia principles, which recognize only Muslim weddings for inheritance purposes.

  Some lawyers, however, described the guidance as “astonishing”, while campaigners warned it represented a major step on the road to a “parallel legal system” for Britain’s Muslim communities.”

 

 

    Here is the real war on women , brought to you by the self-righteous fools on the Left … coming soon to an American state near you .

 

 

” Baroness Cox, a cross-bench peer leading a Parliamentary campaign to protect women from religiously sanctioned discrimination, including from unofficial Sharia courts in Britain, said it was a “deeply disturbing” development and pledged to raise it with ministers.

“This violates everything that we stand for,” she said. “It would make the Suffragettes turn in their graves.”

 

     The Telegraph has more on this insanity … the civilizational suicide accelerates … What’s next ? Stonings ? Where will the progression stop ?

 

 

 

 

 

 

The Law You Won’t Be Told

 

 

Tips When Stopped By Police And Carrying A Firearm

 

 

 

Uploaded on Oct 13, 2011

” Lethal Force Institute’s Massad Ayoob gives Guns & Ammo Host Tom Gresham some essential tips for safely interacting with police when carrying a firearm while driving your vehicle.”

 

HT/The Federalist Papers

 

 

 

 

 

 

 

 

40,000 New Laws Take Effect In 2014

 

 

40K new lawsClick Picture For Video

 

” Harvard law professor, author of “Taking the Stand” Alan Dershowitz discusses the fascinating new laws of 2014.”

 

 

 

   That’s CNN’s take and below is Fox News’ report on this massive collection of new laws being foisted on an unsuspecting citizenry in the name of the Nanny State .  

 

 

 

A New Report Says They’re Fraught With Waste And Abuse And Have Whittled Away At Civil Liberties Protections.

 

 

 

 

 

 

” A domestic surveillance system established after the terrorist attacks of September 11 collects and shares intelligence on a mass scale about “the everyday activities of law-abiding Americans, even in the absence of reasonable suspicion,” according to a new report.

  The report, released this month by the Brennan Center for Justice, a nonpartisan policy institute at NYU School of Law, found that law enforcement data sharing programs organized by the Department of Homeland Security (DHS) are fraught with waste and abuse and have whittled away at civil liberties protections while evading sufficient oversight.

  Fusion centers collect information on “such innocuous and non-criminal activities as photography, looking through binoculars, and taking notes.”

  Other activities collected by law enforcement officials and stored in fusion centers included:

  • Individuals who stay at bus or train stops for extended periods while buses and trains come and go;
  • Individuals who carry on long conversations on pay or cellular telephones; 
  • Individuals who order food at a restaurant and leave before the food arrives or who order without eating; and
  • Joggers who stand and stretch for an inordinate amount of time. “

 

 

 

 

 

 

 

 

 

 

 

National ID Law Takes Effect In 2014

 

 

 

 

State drivers’ licenses are slowly turning into national ID cards by a little known federal law called the REAL ID Act.

  The idea behind the law is to make it easier for law enforcement and security personnel to identify individuals through their driver’s licenses and state-issued identification cards, and the law has even led some states to ban smiling for license pictures, so as not to throw off computer facial recognition software.

Under the Act a driver’s license or ID Card will have to meet 39 standards, including:

Contain the individual’s full legal name.

List the individual’s residential address and not a post office box.

List the individual’s birth date.

List the individual’s gender.

Contain the individual’s signature.

Contain a photograph that can be used for biometric identification.

  That means photographs have to be taken with facial recognition software – and that smiling is banned in some states such as New Jersey and Illinois.

  All drivers’ licenses must contain features such as chips or magnetic stripes like those used in credit cards so they can be read by scanners and facilitate the tracking of citizens. “

Administration Faces Backlash Over New ObamaCare Exemptions

 

 

 

” The Obama administration, in an 11th-hour change, announced significant exemptions for people who recently lost their insurance coverage and are struggling to get a new plan — drawing immediate criticism from the insurance industry and Republican lawmakers. 

  Health and Human Services Secretary Kathleen Sebelius confirmed the changes, which include letting those individuals skirt the law’s individual mandate, in a letter to senators. She said she would allow people who got cancellations and could not find affordable new coverage to qualify for a “hardship exemption” in order to avoid a penalty next year for not having insurance. 

  Further, she announced that those individuals will be able to purchase bare-bones plans that until now were available only for people under 30. 

  The move, though, to allow potentially hundreds of thousands of people to sign up for “catastrophic” coverage plans was criticized by the insurance industry as a shift that would cause “tremendous instability.” “

 

Illustration by Gary Varvel

 

 

 

 

 

 

 

Ohio GOP Introduces “Constitutional Carry” Bill

 

 

 

 

” The citizen control lobby keeps trying to strip Americans of their unalienable rights, and liberty lovers keep punching back twice as hard.

  Two Republican legislators propose eliminating the license required to carry a concealed handgun in Ohio, a change one describes as an effort to put Second Amendment rights on the same footing as others in the Bill of Rights.”

 

 

10 Rules For Dealing With Police

 

” Flex Your Rights is a non-profit institution that educates citizens about their constitutional rights and how to exercise them. We the The Libertarian Republic spend a lot of time informing the public about abuses of authority by police. Now we’d like you to spend a half hour of your time learning how to defend yourself by understanding and asserting your civil rights.”

Thanks to The Libertarian Republic

Published on Apr 30, 2012

” MORE INFO ON DEALING WITH POLICE ……

Know-Your-Rights DVDs: http://flexyourrights.org/shop

Official Facebook Page: http://facebook.com/FlexYourRights

Twitter: http://twitter.com/FlexYourRights

Get Flex Your Rights Emails: http://flexyourrights.org/subscribe

Got questions about dealing with cops? We got answers:http://flexyourrights.org/faq “

 

 

 

 

 

 

 

GOD HELP US! (Viewer Discretion Advised)

 

 

VIDEO SOURCE OurFight4Freedom

AS CHRISTIANS, WE NEED TO BE AWARE AND READY!
AS AMERICAN’S, WE NEED TO BE INFORMED AND PREPARED!

” My Original Video, was blocked and removed (due to content).
In my opinion, this was an ineffective way, to keep the truths of what is happening to our country, hidden from us. Because unfortunately, for the person or persons, that “flagged” my video as inappropriate, all of the information that I worked tirelessly to put together, is available ALL OVER THE INTERNET! – So I ask all of you, that are interested in finding out more…. Please search SHARIA LAW IN AMERICA for yourselves. You will find More than you expect to, and it will hopefully open your eyes to what is going on, and the reasons why, there are those who don’t want you to know it!”

Three Arguments

 

 

” Writing for the Tenth Amendment Center, a person finds oneself spending a lot of time and pixels defending the concept of nullification.  These defenses generally take the form of answers to two questions.  Is nullification a legally valid concept?  Is nullification a good idea?  The arguments about whether or not nullification is a good idea can often be split into whether it’s a good idea from a practical sense, and whether it’s a good idea from the philosophical sense.

In this essay, I will address all of those questions.  First, using a single argument, which I believe is conclusive, I will demonstrate that nullification is, indisputably, a valid legal concept under our political system.  Having accomplished that, I will next show that under our foundational principles, nullification is a philosophical necessity.  Finally, I will advance an argument that the use of nullification will lead to an overall healthier society.

Nullification is how the states can increase anti-fragility in our political and economic systems.  Washington wants to increase its own ability to thrive from the unexpected by diminishing ours.  The states can, and should, use nullification to resist that tendency, force decentralization, and decrease our political system’s exposure to catastrophic harm.  Eventually, this country will be exposed to an existential crisis, a black swan – as Taleb terms it.   Maybe in our lifetimes, maybe in our children’s or grandchildren’s.  Exactly when it will happen, no one knows, but it will happen.  When it happens, antifragility will determine the survivors.  If we do nothing to decrease fragility in our political and economic systems, we are in grave danger.  Nullification is the most effective tool to decentralize powers which have been usurped by a recalcitrant federal government. “

 

 

 

 

 

 

 

 

 

After Ranking The Best States For Gun Owners In 2013, We’re Back To Rank The Best Concealed Carry States.

 

 

BEST CCW

 

 

” Since federal law specifically addressing the issuance of concealed carry licenses does not yet exist in the U.S., individual states are left with the task of regulating concealed carry laws within their own borders.

Over the past few decades, most states in the country have gradually shifted their carry laws to become less restrictive. Despite fewer restrictions, legally carrying a concealed firearm remains vastly different from one state to another—and in some cases, one town to another. The diversity of laws naturally creates ambiguity around the entire topic of concealed carry legislation.

Aside from background checks, training requirements and application fees, states are generally classified into one of four categories based on how they issue licenses.

Permitless/Unrestricted – Also commonly known as “Constitutional Carry,” individuals can carry a concealed firearm without obtaining a license or permit.

Shall-Issue – Permits are required to carry a concealed handgun, but the granting authority has no discretion over the issuance of permits. The granting authority shall issue a permit if an applicant meets distinct criteria in the law.

May-Issue – The granting authority may issue a permit at their discretion, and usually require “good cause” or a “significant reason” to carry a firearm.

No-Issue/Restricted – Individuals cannot obtain a license to legally carry a concealed firearm.”

 

Read the rest at Guns & Ammo

 

 

 

 

 

 

 

 

THE DEA THINKS MEDICAL RECORDS DON’T COUNT AS “PRIVATE”

 

 

 

 

” If last month’s revelation that the the Drug Enforcement Administration (DEA) has been keeping a database of phone logs since 1986 wasn’t bad enough, here’s further proof of the intrusiveness of the agency’s tactics: a lawsuit being fought between the DEA, Oregon, and the American Civil Liberties Union (ACLU) hinges on the fact that the drug warriors believe they should have easy access to the Oregon Prescription Drug Monitoring Program (PDMP) database and have been acting on that belief, even though it contradicts state law. In plain English, the DEA says that if your medical records are shared with a pharmacy—something that happens routinely thanks to the PDMP—you lose the right to assume that that information is private, even if lawmakers in your state disagree with law enforcement.

The basis for the DEA’s legal argument is the third-party doctrine, the precedent the government leans on if it wants to look into your credit card charges, your utilities bills, your emails, or anything else that you have shared with someone else. The Fourth Amendment protects you against “unreasonable search and seizure,” but increasingly, in an era where the vast majority of our private communications go through a third party, law enforcement is expanding the definition of what a “reasonable” search is.

 

 

 

 

 

 

 

 

 

TERRY MCAULIFFE PLEDGES COLORADO-LIKE GUN CONTROL IF ELECTED

 

 

” In the section titled “Investing in Virginia’s Urban Centers,” TerryMcAuliffe.com now contains the heading, “Support Common Sense Gun Control Measures.”

Under that heading, it says McAuliffe “will support mainstream and majority supported gun control measures like universal background checks, limiting the size of magazines, and a return to the 1-gun-per-month rule.”

The limitation on magazine capacity is a Colorado-like gun control measure that will put law-abiding Virginians at a disadvantage the moment it is enacted. This is because criminals will not obey it but will keep their “high-capacity” magazines so they can outgun their victims. “

 

 

 

 

 

 

 

California Is About To Pass A Law Requiring Bathroom, Locker Room Access Regardless Of Gender

 

 

 

 

” Mere ownership of a penis or a vagina will no longer limit California students in their decisions concerning which bathrooms and locker rooms to use, or which sports teams to join.

Assembly Bill 1266 aims to extend the rights of transgender students. The text requires that students “be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.” “

 

 

 

 

 

 

 

UCLA Constitutional Law Professor: Gun Control Can’t Stop A ‘Madman’

 

 

 

 

” Not everyone in Los Angeles, California, is brain dead when it comes to the Second Amendment rights of law-abiding citizens. Trust me. Not only do I live in sunny LA, but UCLA Constitutional Law Professor Adam Winkler also resides in the area.

Winkler, as some of you may know, is the author of the highly touted, “Gunfight: The Battle over the Right to Bear Arms in America,” a book that examines the debate over gun control in a reasonable and unbiased manner.

Well, on the heels of a mass shooting near Santa Monica College this past Friday that left five people dead, including the gunman, and at least five people injured, local pundits, lawmakers and pro-gun control activists were trumpeting for tighter restrictions on gun ownership in a place that already has some of the toughest gun laws in the nation.

By their logic, the deranged shooter with a history of mental illness and an interest in bomb making, 23-year-old John Zawahiri, who carried an AR-15 and .44 revolver along with 1,300 rounds of ammo, most of which was loaded in 30-round magazines, might have been stopped if their were stricter gun laws in place.”

 

 

 

 

 

 

 

 

 

 

Travel Smart

 

 

 

” Summer vacation time is coming, and many of us will be traveling. So it’s a good time to remind ourselves that whenever we venture outside of our home states with our firearms, we expose ourselves to a multitude of laws, regulations, and even local city ordinances.

Whether we intend to carry a handgun or merely transport it in our vehicle, caution is the watchword. Remember the old legal axiom, “Ignorance of the law is never a defense.” This is doubly important when we are the “foreigners” in transit.”

 

    United States Concealed Carry Association offers tips on how to travel armed without falling prey to some of the very unfriendly gun laws present in some of the less enlightened states .

 

” Finally, be very wary of travel to or through states like Illinois, New York, and California that are extremely hostile to guns and gun owners. Horror stories abound of visitors imprisoned for violating some obscure rule. A particularly frightening New Jersey case is working its way to the Supreme Court as we speak.”

 

 

 

 

 

 

 

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The Cato Home Study Course, Vol. 1: The Ideas of Liberty

 

 

 

” The classical liberal, or libertarian, approach to morality and politics brings together related themes that will be both placed in their historical context and woven together more tightly in the coming modules. In this module, the basic ideas of individual and imprescriptible rights, spontaneous order, and the rule of law are presented and examined. Each of these ideas is implicated in the others: the spontaneous order of the free society is built on a foundation of secure individual rights, and law is intimately connected with liberty, for to be free in society is for all to be equally subjected to the same known law, a law that allows us to coordinate our activities with others and thus to create complex forms of social order. The deep roots of these ideas, reaching back into antiquity, give libertarianism a solidity other political philosophies lack.

Libertarianism draws on a multitude of different sciences, or organized bodies of knowledge, including history, philosophy, economics, sociology, anthropology, and law. Thus, “The Ideas of Liberty” devotes some attention to the status of the human sciences and to the meaning and importance of the principles of intentionality and methodological individualism in properly grounded social science. In addition to laying bare the scientific misunderstandings and equivocations that lie at the foundation of collectivist thinking, “The Ideas of Liberty” explores the relationships of the individual to the group, of action and design to order, of society to the state, of coercion to persuasion, and of “natural law” to “positive law.” The ideas of natural law, natural rights, and “self-proprietorship” are traced through history, from the ancient Greeks to modern times, and used to illuminate the proper relationships between persons and between persons and governments. There is also a careful discussion of the relationship between “rights” thinking and “utilitarianism,” which have been alleged by some philosophers to be mortal enemies. The confusion is eliminated by seeing “utility,” or good consequences, as the goal, and rights as the standard against which policies and practice are judged.

Above all, libertarian ideas are seen as emerging from a long history, rather than as springing full blown from the head of this or that particular philosopher. The treatment of the relationship between the “liberty of the ancients” and “the liberty of the moderns” by Benjamin Constant, included in the readings, is a clear statement of classical liberal thinking and a rebuttal to “communitarian” criticisms of liberal individualism.”

 

 

 

 

 

 

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