Friday, May 27, 2011

Follow the law? Cedar Rapids City Attorney actually gets it

It seems that the City Attorney of Cedar Rapids understands the preemption law in Iowa. The one that prohibits cities and counties from regulating your firearm rights Iowa Code 724.28, Prohibition of regulation by political subdivisions.
City officials toyed with the idea in recent months about changing the city ordinance to allow guns in taxicabs.

Last night, those officials and the City Council said the correct approach for the city was to leave the city ordinance as it is on guns and cabs — it is now silent on the issue — and to defer to state law. State law allows qualified people who secure permits to carry guns.

City Attorney Jim Flitz told the City Council that the city can’t enact a gun statute that makes guns in cabs illegal if state law states it is legal.
It is not silent on the issue. My first post: Your Constitutional rights have been violated describes the ordinance on the prohibition.
Right now, the city ordinance [Taxi/Limo Ordinance (Chapter 52)] that covers cabs doesn’t give drivers much leeway in protecting themselves with a weapon. The rule currently is no firearms, no knives with blades longer than three inches and no “assault weapons.”
Sloppy reporting somewhere.

I posted that Your rights have to be debated about the city council even thinking there should be a debate over freedom to protect yourself.

Since the vote failed, the city council needs to get a quorum and get this ordinance repealed. Cabbies and passengers should just ignore it anyway since the law clearly violates the state preemption statute.

"Gas for Guns" in Waterloo

Local residents will have a chance to put some gas in their tanks by turning in their guns.

The Waterloo Police Department, in cooperation with Jim Lind Shell Service Station, is hosting its first "Gas for Guns" event on June 11.
Jim Lind Shell. I guess this is a place I will never set foot in.

I suppose I could take a couple of single shots that I've purchased cheap a while back and double my money.

But that would support their crazy-assed project and give credence to what they're doing.

I've got a better idea, maybe firing a few rounds downrange from a firearm that I won't trade for gas money.

June 11th, hmmm? Maybe so, maybe so...

Thursday, May 26, 2011

The search for Camp Stranded continues

(Contrary to the song, I'd like a good fence to define the property, or at the very least, a corner post.)

This installment is called, Do Fence Me In.

During our scouting trips, on one parcel, the line was not well defined and when we asked for a survey they said was done, they couldn't produce it. On another parcel that I suspect True Blue Sam, as a woodsman, would have appreciated, the farmer to the east used an aggressive dozer this spring so he could get a few more rows of corn in. (About a dozen white oaks, 2+ feet in diameter, 2-3 dozen hackberry slightly smaller, and one of the biggest cherrys I've seen since I was a kid. Young growth of oak, hard maple, walnut and cotton wood.) The realtor didn't act like anyone was concerned about the property line and we never made an offer despite drooling over the timber.

For some reason, I would like to know what I'm buying and I don't care for the attitude that getting the property lines settled is not a big deal for some.

(Just in case anyone was wondering, disturbing survey markers is a crime under Iowa Code. And here's the Iowa Code Chapter 355 for Standards of Land Surveying.)

with me all curious about survey law and such, I found a few resources for here in Iowa:

PROPERTY LINE DISPUTES - Some lawyerly advice. I found that acquiescence and a the term, "adverse possession" can define property lines.
Adverse possession is an Iowa legal doctrine whereby ownership of property can change without payment and against the will of the "true" owner.
In Iowa, after 10 years of acceptance of a boundary like a fence, that's the line despite a survey.

So, a good fence makes good neighbors.

Concerned about the fence laws in Iowa? Obligations, dispute resolutions, the "right hand rule" defined and other information from Iowa Code.

There's even An Iowa Surveyor's Blog with postings of case laws that explain the disputes, like Acquiescence - Fence Line

I relayed much of the information regarding fences and property lines to a young realtor in Iowa City last week and he didn't know about these laws.

It seems like each parcel we've looked at has some quirk about it and I spend some of my free time trying to figure it out. I've learned a few things along the way as a result.

It's been an interesting journey searching for Camp Stranded, and maybe we will have a definitive encampment soon.

Wednesday, May 25, 2011

"And how we burned in the camps later..."

A guy who quotes Solzhenitsyn can't be bad.

In the Middle of the Right added to the roll.

His posts on the 4th Amendment travesties in Indiana and elsewhere are worth the read.

Tuesday, May 24, 2011

Stand your ground bill fails in Minnesota

MaddMedic has the sad news.
The Senate leadership did not sacrifice SF 1357 for other priorities. They made a deliberate, political decision to refuse to put the bill on Governor Dayton’s desk.

From Gun Owners Civil Rights Alliance

Monday, May 23, 2011

David Corea adding more to the ATF gunrunning fiasco

Informant in raw video gives Fox News explosive details about Gunwalker
Explosive stuff. No wonder the rest of the shamelessly agenda-driven establishment media continues to ignore it, and even CBS News management decisions appear to be relegating their ground-breaking reporter to a back burner over the past few weeks. If pursued relentlessly and thoroughly, this is the kind of scandal that could bring down the administration.
Video interview is here: America's Third War: An Informant's Story, Uncut

Friday, May 20, 2011

Sleeping Officer Beauty Your tax dollars at rest

New title courtesy of Midwest Chick

Cedar Rapids police officer disciplined for sleeping on the job
[Spokesperson] Hamblin said the officer was in the wrong, but she downplayed the idea that it could seen as an embarrassment to the department.
Nope, not an embarrassment at all.

Gun range moves forward

Remember the gun range near Sioux Center that neighbors were complaining about?

Wednesday night, the city council unanimously approved the lease agreement for the gun range.

Thursday, May 19, 2011

More permits with new law, and more "standards"

Who would have thought that?

Contributing to a few little falsehoods, like:
The fact that people can receive a permit without being required to have previous training or experience is one reason there have been so many applications, [Webster County Sheriff] Mickelson said.
New law requires NRA training or previous military experience. I guess that doesn't count.

Even though there hasn't been a problem with citizens mishandling firearms in his county, Sheriff Mickelson is wanting a change to fix something that isn't an issue:
Though there hasn't been an increase in gun related incidents, Mickelson said, his biggest concern is that not everyone applying for a permit has adequate weapon-handling experience.

"I think a new person that's never handled a gun before should be able to fire it and know how to handle it, but you don't have to do that," he said.
And he has the in-depth knowledge of everyone's firearm experience? I don't go out shooting with anyone in our sheriffs department. How would they know what kind of experience (or lack of ) unless they shadow each applicant.

And how about this bit:
Previously, the state Legislature had required that people applying for a gun permit had to have some prior weapons experience.
Actually it was up to the sheriffs where each county had a different standard. Some counties basically followed the current state law, others (if they would even allow permits) had a tougher standard.

Mickelson's solution to the non-problem problem?
His proposed solution? Standardized training throughout the state, as well as standardized ID cards.

"There's no standard they have to go by in the state of Iowa. That's what really needs to be done," he said. "It's just a little scary when they only have to take a written test. In fact, some of them aren't taking the test."
Make it even tougher to exercise one of your rights. Added hoplophobia bonus points for throwing in the "scary" adjective.

You can read all of the good sheriff's comments over at: Sheriff’s departments deal with more gun permit requests

Wednesday, May 18, 2011

Badger Guns lawsuit update, 5/18/11

Two Milwaukee police officers wounded with a gun sold by Badger Guns won a victory in court Tuesday when a Milwaukee County judge rejected a motion to dismiss their lawsuit against the West Milwaukee gun dealer.

Judge allows lawsuit against Badger Guns to proceed
Nevermind that the ATF has never brought charges against Badger Guns for selling to prohibited persons.

Check the history of Badger Guns.

A power not exploited is a power wasted

Alvie at Cliffs of Insanity reports of an Indiana sheriff who just can't wait to use a newly sanctioned power to conduct random house searches.

For some reason the good sheriff thinks people will welcome the opportunity to be treated like shit subjects.

Reminder - Iowa DNR auction, May 21, 2011

Come to Des Moines to save a gun from a life of crime.

DNR Gun list

DNR Bows, Traps, Misc list

Tuesday, May 17, 2011

Tired of paying a mortgage?

Can you say loophole?
Fine Point of Iowa Law: Thanks to a loophole recently sanctioned by the Iowa Court of Appeals, Matt Danielson and his wife, Jamie, now own their home in Ankeny, Iowa, outright (value: $278,000) after making just one monthly mortgage payment. Iowa law regards a home mortgage by a married couple as automatically void if only one spouse has signed it, and a thusly voided mortgage is treated as fully satisfied. (The purpose was to prevent one estranged spouse from exploiting the other, but the voiding is automatic regardless of the circumstances.) Legislators are currently trying to change the law to leave the discretion of voiding up to judges.

Found at Chuck Shepherd's News of the Weird.
More background on the Danielsons here.

Your rights have to be debated

A follow-up from a previous post: Your Constitutional rights have been violated

It seems that one council member wants a "robust debate" regarding whether cab drivers can legally carry firearms for protection.
City Council member Justin Shields wants a robust debate and some analysis from the city’s legal team before the council votes to approve firearms in city-licensed taxi cabs.

Monday, May 16, 2011

The rules have changed

Jim over at The Travis McGee Reader links to a story of the Indiana Supreme Court deciding that the 4th Amendment was no longer relevant.
In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry.
Is this not the very definition of a police state?

(Please forgive my bad editing skills, original photo here)

Apparently the Indiana court also desires to obliterate the idea obtaining a warrant for no-knock raids:
This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.

Court: No right to resist illegal cop entry into home
Coming to your house real soon. They might be kind enough to knock on the door (or not).

Just don't try to stop them. Because in Indiana, you don't have a right to.

Sunday, May 15, 2011

Sunday (not so) funnies, 5/15/11

Full disclosure: My father was an Amtrak conductor in the late 70's until he retired in '83. Even he call them "Halftrack" at the time. He claimed that passenger rail lost its profitability after the government started moving bulk mail by truck instead of rail.

As always - click on the picture to go to the original location and find many more poignant political cartoons.

Wednesday, May 11, 2011

Wisconsin Carry, Inc lawsuit against Madison PD

Disorderly conduct (for legally openly carrying) charges were dropped, but that isn't stopping Wisconsin Carry, Inc. from filing a lawsuit.

Ignorance of firearm law in Wisconsin sparked this whole mess.

Constitutional Carry in Wisconsin?

The bill is on the move. "This bill eliminates the prohibition against going armed with a concealed and dangerous weapon."
A newly floated bill that would allow Wisconsin residents to carry concealed weapons without getting permits, background checks or training would essentially let the state catch up with the latest thinking in gun law, according to backers who call the approach "constitutional carry."

Others, however, seem stunned at the idea that anyone who could lawfully own a gun could carry it just about anywhere, under a coat or in a purse, without any government oversight.

Gun bills trigger applause, dismay
And what did the Iowa legislature do this year regarding "Constitutional Carry?"

Tuesday, May 10, 2011

Empty Holster Protest

On the U of I campus last Thursday.

"We fully support individuals’ Second Amendment rights..."

Uh huh.

A little bi-state hoplophobia going on here and a preview of Rock Island authority:
Rock Island, Ill., Police Lt. Vernard Gillman said anyone caught transporting a firearm improperly would be arrested in his town, regardless of an Iowa concealed carry permit. No exceptions.

Monday, May 9, 2011

Iowa gun shows for May, 2011

A little late getting this out but looks like there is only one this month (a little far for me to go) and the 21st is the weekend of the DNR auction in Des Moines.
May 20-22 Sioux City Convention Center
*** I get this list from the link below and other searches and I can't guarantee the accuracy of the list. If anyone notices a show that needs to be corrected or added, please let me know in the comments.

For more details go to Iowa Gun Shows

Thursday, May 5, 2011

Is it too soon?

David Burge at Iowahawk gives his take on Osama's capture.

He certainly has a way with pictures.

Guns recovered, charges pending

The earlier reported gun thefts in Union and Ringgold counties have a good ending, all but one gun was recovered.
Union County Sheriff Rick Piel said about 40 guns, one crossbow, two compound bows and various other items were recovered from the abandoned farmhouse in southeastern Union County.
Apparently a couple of dumb kids perpetrated the crimes.

Tuesday, May 3, 2011

Cab drivers' Constitutional rights have been violated

I'm not a lawyer, but it seems like a good argument to make.

Cab drivers in Cedar Rapids are precluded from carrying weapons for their defense.
Right now, the city ordinance that covers cabs doesn’t give drivers much leeway in protecting themselves with a weapon. The rule currently is no firearms, no knives with blades longer than three inches and no “assault weapons.”
That could change after a cab driver was stabbed to death last Friday. Some members of the city administration have some sense:
[Cedar Rapids Transit Director] DeBrower said “we look at it no different than any other business. If a particular cab company wants to prohibit it, they can do so. But we don’t feel the ordinance should do that.”
It's also reported that no Cedar Rapids cab has a barrier between the driver and passenger.

Hopefully changes are made to protect the drivers from predators and not to make it illegal for them to protect themselves with all means at their disposal.

Stand your ground bill in Minnesota goes forward

While our gun rights bills died in committee, our neighbors to the north are working towards protecting victims of violence.

Deadly force bill gaining traction in Minnesota Legislature
[A] bill that would give Minnesotans more flexibility in using deadly force to defend themselves and their properties cleared its first legislative hurdle Thursday. The Republican-controlled House Public Safety and Crime Prevention Policy and Finance Committee voted 10-7 to send the measure to another committee.
And our legislature in Des Moines did what?