Comments by "Stephen Villano" (@spvillano) on "LegalEagle"
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There is only one caveat against that view.
If the parent purchased the firearm and properly secured it in a safe storage device (secure gun locker or safe) that the minor child lacked access to, they cannot be held at fault.
We know, however, that was not the case, so this multiple firearm owner says to not throw the book at them, throw the entire law library.
When our children were growing up, I kept a number of firearms about, some within easy access, due to the neighborhood that we lived in. Handguns were secured, save for two, which were in open storage and would be missed instantly. I wasn't especially concerned about my hunting rifle, as someone trying to conceal a hunting rifle in 45-70 is a laughable exercise.
The kids never had access to the secured firearms, the open storage was in constant view of us and as said, would be instantly noticed due to how they were stored (a bright background was concealed by the firearm, think safety orange in a dark woodtone background) and plenty of paranoia was observed.
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@viator1987 so, it's an affirmative defense to say "I was tired".
So, one can then reasonably infer that a plaintiff or defendant that claims fatigue is utterly justified in pulling out a machine gun and killing all of the attorneys in the room.
Both are unlawful acts, both are equally sanctionable, regardless of the length of proceedings.
And for the record, I have given depositions in the past, so I'm well cognizant on how long they can take - especially in federal cases. There are breaks and even multiple sessions in depositions, just to avoid fatigue being claimed in a later claimed erroneous statement being given.
As ShinmaWa1 said, a one off gets overlooked, habitual times becomes at least malfeasance, obstruction and the judge will be getting a phone call that will annoy them.
@SlinkyTWF, that name is a character in a video game series. As one who has had some rather unpleasant interactions with very real terrorists and terrorist organizations, I suggest you acquaint yourself with the rather modest difference between fiction and reality.
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@brontewcat sold who the gun?
The accusation was made that the federal firearms dealer sold a firearm, specifically a pistol, which is federally illegal, to a minor child.
Which, per all facts revealed in the case is entirely false. The FFL holder lawfully sold the village idiot a firearm, who then violated the law and the common sense that the Almighty gave to a common house brick by letting her troubled teen son have free and easy access to it - again, in violation of federal law.
That's as bad as wanting to sue a firearms manufacturer for the proper function of their firearm when it's unlawfully utilized. Yet, for some odd reason, we don't see Ford motor vehicle company getting sued when pedestrians are intentionally ran down by terroristic idiots. Especially, given that despite the hyperbole, I've yet to see a firearms advertisement bragging about how many people that firearm can kill and maim.
Although, I do have some heartburn over the advertisements from a marksman perspective. Want to sell me that expensive chunk of steel, one would have much better luck discussing its much greater accuracy and environmental tolerance than the tacti-cool crap currently advertised. I'm far more inclined to consider a product that's, say an AR-15 with 1 minute of angle accuracy than one advertised with a search light, radar set, photon torpedo launcher and a Volkswagon attached to its stock.
The same being true for handguns.
And for the next gun nut that blathers about an AR-15 in 5.56x45mm being a great hunting rifle, that individual is at great risk of having a magazine shoved up their butt sideways and secured with a sand encrusted eggplant. It was a varmint round, it still is a varmint round and it'll always be a varmint round.
Oh, just to be pedantic, swords are also lawfully considered arms. So are spears, archery weapons, well, weapons in general.
More worriesome is, the school was well aware that the teen was troubled and was powerless to get the minor child help in the face of a criminally negligent parent. That's something easily addressed, as every other form of abuse currently can be legally addressed. But first, we have to get off of our fat, lazy collective asses and make mental health care of greater importance than dentistry, which itself is treated as inferior to cosmetic surgery!
Seriously, it's easier to get a boob job than braces, which are both infinitely easier than to find covered mental health care. I've no need of a boob job, the state capital is rife with plenty of fresh boobs and right down the street from me. No need of braces at my age. I could use a mind, mine has been blown over the last two decades...
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@brontewcat I actually own a pair of switchblades. Military related, now retired, but bought them, they're mine unless the government wants to name an acceptable price to acquire them and well, if I can locate the things.
Useful tools, switchblades are banned by many for being dangerous, which they are - to the bearer.
Today, I lug around a small pocket knife that has a spring assist, as frequently, I run flat out of hands to open a knife and otherwise, I'd be forced to lug around a fixed blade of greater length.
See the balance there?
Same balance when I mentioned a National Firearms Act item - a suppressor.
In a number of European nations, a suppressor is desired to not disturb residents during hunting season, not banned in the US, they are NFA weapons.
Now, I've had my share of Rambo style idiot knives, got seriously tired of getting jabbed in the hip or losing mobility when mounted near my chest, went with a saner US Air Force aviation survival knife for the majority of my military career. Civilian life, I have my assisted opening 2 1/2 inch knife that's around 6 and 1/3 centimeters. Does its jobs, enough said.
Now, is that a weapon? A hammer is a weapon, when used as such, as is a common screwdriver. People have been hitting one another over the head with the latest rock replacement since people were mistakenly invented.
Now, let's go back to firearms control, which is lacking in the US and needlessly so.
First, take the idiot's brigade out of the picture. All semiautomatic firearms derived from military service rifles go under a new chapter of the NFA. Shy of machine guns, lower than suppressors (yeah, there's a legal threshold in the US practical law, as states have input beyond the NFA).
Handguns, I'm shit out of luck figuring out, due to Heller vs D.C..
Here's the fun of it, occasionally, I do hunt, using typically either a 30-30 lever action or a 45-70 lever action. I also compete with an AR-15, frequently enough against active military and also compete in M1911 tournaments.
And thoroughly hate gun nuts, who prefer "victory via superior volume of fire" idiocy and go beyond hatred of those who think that they can lawfully overthrow their government with their toy vs MLRS, artillery, bombers, tanks and royally pissed off infantry.
But, we've also have a rather confounding legal landscape. That whole second amendment being key to governmental function in a national emergency and citizens rights. Idiots fixate upon militia, never following laws, critical being the various militia acts, upon which the conscription system is rooted upon.
Military aged men (now, women are admitted, due to legislation), who are fit mind and body, can be conscripted into military service nationwide and are classified as unorganized militia. That's every able bodied male, typically between the ages of 17 - 45, now adding women (formerly, only women in the National Guard, aka Organized Militia).
I'm big on law, I've lived under lawless conditions during deployment, ain't fun at all.
I'm also big on commonsense, which alas, is an endangered species, courtesy of my national fixation on quick fixes, rather than permanent fixes.
I do however, personally advocate for the concealed carry of 105 - 155 mm howitzers.
With one exception, Atomic Annie is also allowed, despite being of a higher caliber.
Look up the weights and sizes to get the humor.
Had a concealed carry permit, long ago, still have the card for it. One night, as I was cleaning, yet again, my M1911 pistol (yeah, I have a decided preference there), I considered how sporting an armed criminal would have to be, to allow me to equalize the odds by lugging my own out. Stopped lugging around that pig iron the next day.
Guns, like hammers and saws are tools, to be used for good or ill. How often do you lug around a hammer or saw?
And I live in an "open carry state", where very few bother, see the hammer and saw argument...
Here, we've got an obvious parental neglect case, initially viewing things opposite, well, suggest it to say, I'd happily beat both parents to death with their own livers.
We've got a massive, glaring hole in our mental health non-care system.
As a result, we've got a massive number of mentally injured children, teachers, staff and some dead.
All because Ronnie Raygun defunded mental health care and funded vaporware of Star Wars.
If there's a hell, I hope to be allowed the privilege of shoveling coal onto Ronnie.
I've other reasons, but they're classified...
So, I'm not against your views, just tempering them based upon prevailing law and that beyond diamond hard Constitution.
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Actually, the suggested revision of when death occurs would be quite, ahem, entertainingly aromatic.
Given that neuron activity has been detected a week after death has occurred.
@angelmendez-rivera351, the problem actually is that a very loud and threatening minority has hijacked the political machinery of our failing, due to their phenomenal efforts, nation.
And I say threatening, as in far too frequently, these religious maniacs will bring guns into the discussion - assuming that the rest of us aren't firearm owners and combat veterans. Yeah, had such discussions and suffice it to say, they're paper tigers, talk and bluster, but when the bluff is called, are conspicuous by their sudden absence. Especially when in person and I flop my military retiree ID card down.
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@scriptles so, it'd be a democracy under your definition if say, the former candidate choked to death on a cow femur and obviously wasn't eligible for the ballot and no other candidate is available save their opponent?
It's then still a democracy for those now disenfranchised because their party no longer has a candidate?
You spent considerable time typing up that drivel, but entirely none thinking other permutations through. Because, under your suggested system, we'd be Russia, where candidates can disappear on mythical charges, "fall out of a window" or all other manner of mayhem, but it's a single candidate democratic election.
Meanwhile, you omitted one part. The voter still has a ballot if a candidate is replaced and can vote for whomever they please.
But, giving voters even that level of choice after losing a candidate is not democratic and foolish.
Got ya.
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What they fouled horribly was the actual heart of his defense.
The distinction between a lawful order and an unlawful order and the erosive effect a criminally complicit command environment can have on that distinction. It's literally at the heart of what happened at My Lai, but Hollywood always loves to get it wrong or worse, not even wrong.
Love the graphic on Rule #1! First time I've saw it, but certainly not the first time I heard it. If memory serves, the first time I heard it, saber toothed cats were still an annoyance...
I disagree on who was pushing the code reds, as sergeants and corporals aren't ordering a lieutenant to give that order. But, it did start interestingly with perjury...
Marine officers are not gods? Seriously? ;)
May I introduce you to second lieutenant god... Wow, I could be charged with reckless endangerment of all personnel hearing that one, due to the extreme risk of dying of laughter.
I've gotten unlawful orders in the Army, largely due to poor wording and not listening to an objection to the order not being lawful, what prompted an instant reevaluation is, "Very well, Sir, however I'll require that order documented and digitally signed". Never got such a document, the order was instead made lawful and properly considered.
"Going after the Colonel", you know, insubordination for performing your sworn duties. Yeah, totally Hollywood. Although, had the Colonel in a real world court bellowed his career ending tirade, I'd have closed with my own bellow, starting quietly with "Sir, I am a veteran and a honorably retired former service member and military retiree, hence now a civilian and a representative here today of the US citizenry and taxpayers and would like to state, for the record, NOT IN MY NAME!!!", giving my sternest NCO glare. Yeah, wouldn't be allowed, but it would out Hollywood Hollywood and any attempt, rightfully having me ejected from the courtroom, likely alongside the wayward Colonel.
Mr Navyman? Just whose department is on the head of a paper paycheck from the USMC? Oh yeah, Department of the Navy, sailor. ;P:p:P:p
It's a favorite rub at the VFW, reminding them I was US Army Medical Corps, they are US Navy Marine Corps, the other gentlemen largely being US Marine Corps Judge Advocate General Corps and at some points, I had affiliation with US Army Chemical Corps, as well as US Army Communication Corps. Yeah, long career...
High ranking Marine officer? He'd be properly referred to as a Senior Marine Commissioned Officer, which actually means something anywhere but a court of law, where that only comes into play under very special conditions - such as the Colonel's upcoming general courts-martial proceedings. I don't even think senior officers can receive a summary court martial at that point, it'd be special or general, both due to rank and nature of the charges.
While on a jury, we once did have a situation where shouts were needed - by the jurist to order a recess until the nearby noise could be abated and examination and cross could be conducted at levels below a bellow. After an slightly extended lunch, the noise had ceased, although I don't believe it was by direction of the court, just that the conditions requiring the noise be made had ended (aircraft overhead, which was unusual for that location and probably was due to some emergent or contingency conditions that had ended). Memorable only because, as a juror, we were fairly well bored out of our minds and seeing a judge shout to be heard yielded entertainment to the spectacle.
Military justice is... Complex, due to the unique nature of the Armed Forces (not my words, but the words of the SCOTUS). A number of offenses that are lesser felonies for civilians are capital offenses in the military. Some of the biggies, espionage, mutiny, sedition and treason, typically get civilians a lengthy prison sentence at most, a service member could actually be executed for. That reflects the position of public trust granted to our military, both to represent our nation and her values, as well as being entrusted with our most lethal of weapons. Hence, the need for a level of discipline unheard of in the civilian world.
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I've burned the flag many times, as it was worn, tattered and unservicable and that's the US Flag code method of destruction.
As mentioned, protest is allowed, so when I see foreigners protesting in their home countries and burning the US flag, I shrug, as that's permitted here and anyone objecting is objecting to our very own, very first amendment.
As for profanity on public display, were that unlawful, what is to prevent someone from deciding that a specific political party's name or candidate's name is profanity? Now, we'd have a monarchy and anarchy would ensue - rightfully so, as we are decidedly not a monarchy.
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Well, the USMC is a corps of the US Navy and hence, on the rare occasion that you'd receive a paper paycheck, you'd see proudly emblazoned being issued by the US Navy.
As for reprisals, I've been with many joint forces on our now ubiquitous joint bases, "Fine by me, we'll kick each other's asses for a while, no matter what, I'll win, as I've rank, time in grade and time in service on God. Jesus can't get promoted before me".
And hell, I can chew the crayons with the best of them, despite being Army.
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Legally speaking, yes, they're the same gravity in breach of law.
Also considered, scope. As a thought experiment, I kill family members of your family at the numbers of documents that were astray.
For Biden, we're talking immediate family and some cousins, for Trump, a VFW hall sized venue. We're talking a mass murder vs Joe Mengle level atrocity.
Going into improperly classified data, well, that's an atrocity well known in government and essentially intractable, to the point where I've read documents that were proudly marked SECRET/FOUO.
Secret is special, in it could harm our government's interests, FOUO is For Official Use Only and hence, not subject to summary declassification and release under law. An IP address could be FOUO, the base chow hall roster and those consuming meals roster certainly would be. An entire network's IP scope and base roster is secret for plainly obvious reasons.
The massive difference is, if I took any of those documents home, I'd be in a maximum security prison, likely close to Manning's old cell. Executive branch, like seniormost military leadership both realize the overclassification and deal with rivers of such documents, so behavior is decidedly more casual.
Welcome to the real world, where some things are a major pain in the gonads for rank and file, not so much upstairs.
And if I see another anything not UNCLASSIFIED/FOUO, but otherwise marked something higher/FOUO, there very well may be a death or severe bodily harm involved...
And yeah, I Goobered security stuff down a lot, not that it's a classified thing, the guiding documents are unclassified and publicly available, bur boring as hell.
But, lawyers who specialize in such things, well, they're rare and about as expensive as live Dodo birds.
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I still love those who insist that the Constitution protects "the right to life, liberty and the pursuit of happiness", conflating a declaration of war, the Declaration of Independence with the Constitution. The Declaration had no legal standing in the US, that war long being over before we even had a Constitution.
And it ignores that inalienable right of life being forfeited in an executed prisoner, making the right utterly alienable. The same being for liberty, otherwise all prisons, jails and inpatient mental health care facilities unconstitutional entities.
And laughable is the "right" to the pursuit of happiness, as how can one prohibit that?
Frankly, all of the nonsense spouted off is an indictment of our civics education, or more specifically, it's abject failure thereof.
And if English became a mandatory language, would I need to change my old insignia, which reads "de oppresso liber"? There would be some significant resistance to that, with folks one really shouldn't want to fight with.
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@seandobbins2231 save for that whole democracy thing. You know, if one isn't a criminal, specifically a convicted felon, one can run for public office and create policies. Not specialists, whose opinions are known to vary depending upon who is paying for their "services" and well, listening to them while growing up, as often as some physicians told us smoking was bad for us, there were an equal number claiming smoking was good or neutral to one's own health.
Hence, decades of inertia, until finally the prostituted voices got drowned out by their peers - rather than weeded out via self-policing of their ranks, which was intended.
Our largest problem now is that political leadership has ended up selected strongly by largely religious minorities, who are enforcing idiocy and forcing it down a nation's throat, resulting in a race to the bottom and those are the very results we see here.
An upside, due to that idiocy, one party went full Nativist mode and is rapidly destroying itself, just as that Nativist group destroyed the Whig party in the mid-1800's.
Excuse me as I farther calm down. Just detonated at some militia goofball in another channel, who proclaimed all militia members were labeled by our government as domestic terrorists. He won't enjoy the exchange further, as I was unit historian for a historic National Guard unit - one founded under Colonel Benjamin Franklin. And well, lessee... Militia being, by Act preexisting this nation as able bodied males of military age (ages specified by each act and occasionally differing), later updated for females (initially only in the National Guard, but expanded by legislation, but leaving conscription an unresolved question) as unorganized militia and organized being organized militia that was in 1903 given a new fangled nation, the National Guard.
So, he's getting hit over the head with both codified law and history. That seems to make me a liberal in his book, a decidedly odd and telling tell on his part.
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Having sat on multiple juries over the decades, suffice it to say that it's a yuge pain in the ass, tedious, boring, honestly during jury selection, I nearly fell asleep as a prospective juror.
The trials, all of which did go to trial in the civil cases I sat on, slightly more exciting. Around equal between watching grass grow and paint dry.
Never did consider trying to duck it, as it's a duty, not some entertainment venue, something necessary that any good citizen should feel honored to be involved with, despite it being deadly dull and designed to be such. Facts are being found, not excitement and drama. Didn't duck out of my military duties, I sure wasn't going to try to duck out of my more important civic duties!
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In Dennis' case, you also have to consider the liability of having a dangerous carnivore about around a main road on the island.
The electrified fence was laughable, as mains voltage isn't applied to such fences, the voltage is stepped up from mains voltage and only the conductor is charged, the circuit would be to ground that one would be standing on.
Also, the skeletons falling from the ceiling, add in liability as you said, but further damning is, the things would be predicted to fall, as the island is seismically active, so earthquakes would drop them on unsuspecting guests.
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They have absolutely no authority to force me to obey the law of gravity.
Alas, that law enforces itself.
But, the Constitution also states that our federal government must secure and protect the public welfare, given the Constitution itself defines the nation as the people. Not dying from a fairly easily preventable disease most certainly is in the interests of the people and when one is speaking of a pandemic that's national, within the purview of the federal government assisting state and local governments and institutions.
So, Congress cannot pass a law enforcing gravity, but can order masks be worn on federal property and tax and allocate tax dollars to support the states in battling a national pandemic.
States who refuse to allow local counties to manage a pandemic are misguided, as a state government micromanaging, rather than coordinating county and city efforts is a fool's errand that can only go wrong.
Full disclosure: Our youngest daughter, in her mid-30's, contracted COVID-19 a couple of months ago, while she was working at a hospital in housekeeping. That was ascertained to be due to a lack of compliance with hospital procedures by closing COVID-19 patients room doors to prevent the spread to the staff. The hospital, once they became aware of the issue promptly ensured compliance via inspections and training. She's slowly recovering after a couple of weeks of hospitalization.
Our eldest is an RN in a hospital, she's contracted COVID-19, but thankfully remains asymptomatic. The route of transmission for her appears to be related to reuse to failure of PPE, which despite some lying by our national leadership, still remains in short supply. The companies simply can't keep up with, let alone modestly exceed current demand.
I have pre-existing medical conditions, as does my wife, said conditions essentially guarantee our demise if we experience any significant level of exposure, so we mask up when in proximity to other people (it doesn't make sense for when we're simply outside, as we're in a rural area, but entering a store or area congested with people outside, it''s mask time).
Keep the good information coming, Mack! Just had to textually beat down an inlaw's championing a disinformation campaign by the cult Falun Gong's Epoch Times. Disinformation has to be fought with real, true information and while it sucks to find out one is wrong, one feels a lot better once one knows what is true and what is bovine defecation being passed off as food.
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One small problem with one of your arguments. There was no armed mob, hence why seditious conspiracy were some of the many charges and not treason. Taking up arms against the government being, not sedition, but treason. As best I recall, only one individual was armed and thankfully, didn't utilize their weapon, making such an assertion still dicey. Now, had the oathbreakers "QRF" taken up their arms, they'd have perfected treason for all and those convicted of seditious conspiracy would've been on the hook for the full ride on treason, complete with being open to writ of attainder and corruption of blood. They didn't, so the charges are seditious conspiracy, with a few convictions thus far and the other cases ongoing.
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