gun safety

Comment of the Day: “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”

/ Jack Marshall / 1 Comment

This Comment of the Day from the stellar Harkins household—this is from Ryan Harkins–was just posted three days ago and it seems like eons. It responds to another one of my arguments that sufficient demonstrations of stupidity by lawyers even outside the practice of law should be grounds for disbarment—a suspension isn’t enough, because such a lawyer will not become smarter after a professional “time out.” I think the first time I suggested this reform to legal discipline was when “The View’s” token lawyer, racist Sunny Hostin, suggested that eclipses and earthquakes were caused by climate change. It upsets me just think about the fact that this idiot has a law degree.

Here is Ryan’s Comment of the Day on the post, “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”…

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A basic and important rule of gun safety, perhaps the preeminent rule, is that you should never point a gun at anything you don’t intend to shoot. Playing around with a gun in the fashion that Medina did shows a disturbing lack of gun safety in particular, but of the principal normalization of deviance in particular.

To delve into a little bit of brain science, in following the cognitive-emotive-behavioral model, we start with a desire. Perhaps in Medina’s case, it was simply to have fun. But how would he possibly conclude pulling the trigger of an unloaded gun is fun?

There are a large variety of ways we can try to satisfy our desires. In the case of hunger, we could seek satiation from a myriad of venues. In the case seeking stress relief, we could seek out a movie, a game, exercise, or any of a host of other options. But there are options we can choose from that are unhealthy, dangerous, or even illegal. When presented with all these options, our brains experience a byplay between thought and feeling. Does this option satisfy? The emotions clamor for a particular avenue, and cognition weighs the risks and benefits. If I eat a salad, I might not feel satiated, but if I eat a Hardee’s Monster Burger, I’ll be consuming far too many calories. But the salad may not be very tasty, and the Monster Burger is delicious. Whichever way I choose, my brain will record the success or failure of the endeavor, and the next time I am hungry, I will have a precedent to fall back on. They byplay between cognition and emotion in subsequent encounters proceeds much more quickly. The Monster Burger was indeed delicious, filled me up, and I didn’t seem to suffer any negative consequences. So the next time, my brain is patterned to lean toward the Monster Burger because of the positive experience.

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Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law

/ Jack Marshall / 4 Comments

Florida lawyer Albert V. Medina, who practices in Boca Raton, had his law license suspended for 10 days, and you’ll never guess why.

Medina shot his brother in the arm while fooling around with a gun, pointing it at his brother and pulling the trigger. The brothers said that they engaged in this “horseplay” frequently: the wounded brother said his sibling had aimed an unloaded pistol at him and pulled the trigger ten times before, as a joke. This time, however, it was loaded.

The brother signed an affidavit affirming that the incident was unintentional, so the criminal case was resolved by Medina’s pleading guilty to the misdemeanor offense of culpable negligence causing injury to another. Medina has been a member of the bar since 2014 with no prior ethics offenses.

I don’t care. The idea of the legal discipline system is to protect the public from lawyers who are demonstrably untrustworthy or unfit to practice law for other reasons. Morons are unfit to practice law, and you can’t fix stupid. What is this guy, eleven years old? Anyone who aims guns at others “as a joke” and pulls the trigger shouldn’t be trusted with sharp objects, much less with the legal affairs of members of the public.

Absent a successful brain transplant, Albert V. Medina should have been disbarred.

Three Ethics Failures Almost Kill a 12-Year-Old and Make a Seven-Year-Old A Killer

/ Jack Marshall / 7 Comments

My son, a gun-lover from an early age, collected airsoft gun replicas. They are very realistic, though they shoot plastic pellets, not bullets, except for their orange tips. Once I was approaching our house at night after walking the dog and found police surrounding our back-up car. A neighbor had reported someone appearing to hide guns in the back seat. After I explained that the “guns” were toys, my son gave the police their introduction to airsoft, showing off his whole collection. They were impressed.

In Monroe County Georgia, a seven-year-old picked up a real revolver thinking it was an airsoft replica, and shot his 12-year-old sister. Fortunately she was wounded but not killed, and a greater tragedy was averted. The pro-Second Amendment website “Bearing Arms” astutely identifies the two breaches in gun safety that led to the episode:

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Morning Ethics Warm-Up, 1/3/19: Morons, And More.

/ Jack Marshall / 66 Comments

Good morning!

Still working on the appellee brief in my defense against the frivolous law suit by an angry banned Ethics Alarms commenter whose boo-boo I bruised. How do you write a professional, respectful, effective rebuttal of a 70 page brief that is basically nonsense? I know how to argue against a real good faith legal assertion–indeed, my enjoyment of brief-writing nearly got me stuck in the traditional practice of law. But “this is deranged crap that doesn’t constitute a valid appeal and that wastes the time of everyone involved” isn’t a professional response, just a fair one.

1. “You know…morons!” At least two people—I can’t find the link for the second one, but it was a child—were wounded when spent bullets shot into the air by New Year’s Eve celebrants fell back to earth and hit them. This happens every year. Why do people think shooting guns into the sky is safe? In WW II, my father had to promise a court martial for any soldier under his command who shot a weapon into the air.  This is basic Law of Gravity stuff, but it seems to elude an amazing number of gum owners. I’m only aware of one move that ever featured a death from a falling bullet: “The Mexican,” a failed 2001 Brad Pitt-Julia Roberts comedy.

2. “You know…morons!” (cont.) The Netflix horror hit “The Bird Box,” which involves a blindfolded Sandra Bullock leading her similarly burdened children on an odyssey to escape an apocalyptic threat that only strikes when it is seen, has spawned a web challenge in which people are encouraged to try doing everyday tasks wearing blindfolds. This prompted a warning from Netflix:

“Can’t believe I have to say this, but: PLEASE DO NOT HURT YOURSELVES WITH THIS BIRD BOX CHALLENGE. We don’t know how this started, and we appreciate the love, but Boy and Girl have just one wish for 2019 and it is that you not end up in the hospital due to memes.”

Boy and Girl are what Bullock’s character’s children are called, because she is so certain they are doomed that she doesn’t want to name them. I am tempted to say that anyone so stupid as to try this challenge should not be discouraged, because their demise will only benefit the rest of us. But that would be mean.

True, but mean.

3. Follow-Up…The Federalist has more on the unfolding Steele Dossier scandal. I do not see how any result of the Mueller investigation can hold up in court, no matter how much the mainstream news media spins it, with the degree of procedural irregularity and prosecutor misconduct we already know is behind it. Presumably this is why the focus has shifted to the extremely dubious theory that Trump violated election laws by paying off a sex partner, something he would have probably done whether he was running for office or not, and also a transaction that didn’t involve campaign funds. The media keeps reporting the latter as if it is an unquestioned crime (apparently because Michael Cohen was induced to plead guilty to it), but it just isn’t a crime, and I believe in the end that theory will be thrown out of court too. Continue reading →

Would Gun Rights Advocates Support “Jamie’s Law”?

/ Jack Marshall / 83 Comments

shot by kid

I’m proposing a new gun control law that would be named after Jamie Gilt, who this week was accidentally shot in the back by her 4-year-old son, who was seated in the back seat of her truck at the time. The child had picked up a .45 handgun that she had left on the floor of the vehicle. “Jamie’s Law” would ban gun ownership for life if an adult leaves a firearm, loaded, within the reach of a child below a certain age. Personally, I’d be fine if the cut-off was 18, but just to keep the law as close to Jamie’s situation as possible, let’s say 10 or under. Would that be unreasonable?

We could make the law really specific to Jamie, who is an idiot, by banning gun ownership by anyone who leaves guns lying around for kids to play with AND maintains a Facebook page called “Jamie Gilt for Gun Sense,“…well, with their name, not Jamie’s. Yes, Jamie—did I mention that she is an idiot?—did this while promoting responsible gun ownership. I wonder what she would consider irresponsible gun ownership. Maybe giving a child a loaded gun to suck on, instead of a pacifier.

I’m not too fond of the million or so anti-gun types who went on the page to insult and berate Jamie, who is in the hospital. (I see that the page has been taken down since last night.) I’m sure she feels bad enough already, in part because she was shot and also because she will be the face of foolish gun owners for the foreseeable future. What she should feel is lucky. The only difference between Jamie and Veronica Jean Rutledge, shot dead in a Walmart by her two-year-old in 2014, is moral luck. Actually, what Gilt did was more reckless that the conduct that killed Rutledge: Gilt was driving, and Rutledge at least had her gun in her purse, not in plain view. Both Rutledge and Gilt were lucky their children weren’t killed.

What do you think about Jamie’s Law?

Maybe gun owners who do this should be banned from having custody of children, too.

(Of course, it goes without saying that they would be presumed innocent until proven Gilty….)*

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*I’m sorry, I really am, but there’s a place in Hell for people who pass up set-ups like this.

Comment of the Day: “Observations On Obama’s Executive Orders On Guns And The Golden Dancer Presidency”

/ Jack Marshall / 9 Comments

Are smart guns...smart?

Are smart guns…smart?

 J. E. Houghton illuminates one of President Obama’s wish list items for gun safety—fascinating. Here is his Comment of the Day on the post, “Observations On Obama’s Executive Orders On Guns And The Golden Dancer Presidency” :

I would like to offer an observation concerning one of President Obama’s executive order policies: To direct federal agencies to promote “smart gun” technology through the procurement power of the Federal government. The President compares guns to smart phones and asks why we can’t use the same modern technology to limit access and use of guns like we do with smart phones. (Vice President Biden’s post-Sandy Hook commission came up with a similar recommendation.)

This may sound like a good idea to some, mostly people who have no knowledge of guns and do not depend on guns for their own personal safety, national defense or homeland security.

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Thoughts On Tatiana Duva-Rodriguez, An Especially Dangerous Ethics Dunce

/ Jack Marshall / 29 Comments

Quick, Tatiana! Michele Bachmann is on "The View" in 3 minutes!

Quick, Tatiana! Michele Bachmann is on “The View” in 3 minutes!

The “dangerous” part is illustrated by the section of the Washington Post headline that reads “Mich. woman who shot at shoplifters gets 18 months probation….”  Then there’s the part that briefly made me think that the Post was becoming a hoax site: “…vows to ‘never help anybody again.”

A Michigan judge sentenced concealed carry permit holder Tatiana Duva-Rodriguez to 18 months of probation and took away the permit, as punishment for her shooting several  rounds at a shoplifter’s fleeing auto outside a Home Depot on October. 6. Disillusioned that the law took a dim view of her playing amateur “Starsky and Hutch,” she wailed, “I tried to help. And I learned my lesson that I will never help anybody again.”

Thoughts:

1. What an idiot. There is more stupidity packed into that statement than you will find in a room full of Ben Carson fans. She “tried” by shooting a gun at shoplifters? What she tried to do is irrelevant. Good intentions matched to moronic conduct mitigates nothing. Now, because she was properly punished ( I would say leniently punished) for irresponsible vigilante use of her weapon and what would have been excess force even if she had been Starsky, she’s going to punish humanity by never helping anyone ever again, so there!  Continue reading →

Anti-Gun Zealots Must Reconcile Their Rhetoric With This, Or Concede That Their Adversaries, And All Citizens, Have A Right To Protect Themselves

/ Jack Marshall / 92 Comments

In Macon, Georgia, a coordinated mob of teens attacked a Walmart like a scene out of “Dawn of the Dead.” Surveillance cameras revealed this:

The Macon Telegraph reports that a group of about 50 teens swarmed the store and began destroying property, apparently for the fun of it. A customer in a motorized scooter was pulled from his seat and dragged on the floor, police say.  17-year-old Kharron Nathan Green entered the store at about 2 a.m. last Sunday morning and flashed “gang signs.” At his signal, a group of about 50 people, apparently teens or a bit older, charged into the store. They departed when police arrived. Green, was the only one arrested, not because he was the ringleader, but because he is an idiot. He returned to the scene of the crime to fetch a dropped phone.

That nobody was seriously hurt or killed is moral luck, nothing more.

Is it relevant that all of the teens appear to be black? Sure it is, though many news outlets—like the Macon Telegraph, in fact— didn’t think so, because that creates inconvenient implications. For one thing, it was very relevant to any police officer trying to deal with the onslaught, as having to shoot one of the mob if he was aggressive would have the cop branded as a racist killer  and possibly railroaded into a murder trial by the Georgia equivalent of Marilyn Mosby. Continue reading →

AGAIN: Irresponsible Gun Owners Must Be Charged

/ Jack Marshall / 80 Comments

"...but since this is a .357 magnum, the most powerful handgun on Earth, and will blow your head clean OFF.... I think I'll go shopping with my little boy with this in the holster, unfastened, and bullet in the chamber!"

“…but since this is a .357 magnum, the most powerful handgun on Earth, and will blow your head clean OFF…. I think I’ll go shopping with my little boy with this in the holster, unfastened, and bullet in the chamber!”

CBS informs us that in Wassila, Alaska, where you know who dwells, a 4-year-old boy was shot in the leg Saturday on a public sidewalkwhen his mother’s .357-caliber handgun fell out of its holster, struck the pavement on its hammer and fired.

No one has been charged, we are told.

Well, that’s cretinous, and as a society, our law enforcement has to send more responsible messages than that.

Again, as I noted here and here and here, all since the dawn of 2015, the fact that the child or an innocent bystander wasn’t killed by this reckless and stupid gunowner was pure chance, moral luck. As far as her conduct goes, there is no difference. She is the equivalent of a drunk and speeding driver. This isn’t an accident that “can happen to anyone.” This can happen to idiotic gun owners who don’t know basic gun safety and allow guns to be in the close vicinity of children. Why was her holster unfastened? Why did the gun have a bullet in the chamber? Why wasn’t she aware that what she was doing might make the gun fall? Why did she feel she had to carry a cannon of a hand-gun with her on a weekend outing to beautiful downtown Wasilla?

Charge her, prosecute her, throw her in jail, take away her gun privileges, and have child protection services investigate the home.

This has got to stop.

[But don’t call her a gun owner. She isn’t a real gun owner. Real gun owners don’t act like this. To call her a gun owner gives her dignity that she doesn’t deserve, and promotes bigotry against true gun owners, who by definition are responsible, peaceful, and observe gun safety principles at all times. If you don’t believe me, just ask the President. He understands. This is how he thinks, after all.]

One More Time As A Child Finds A Gun And Kills: Prosecute the Parents

/ Jack Marshall / 99 Comments

DSC_1306

This time the locale was Elmo, Missouri, and it was a five-year old pulling the trigger. The victim was a 9-month-old boy, but it’s basically the same tragic, stupid story….just like in the Idaho Walmart, where the two-year-old shot his mother, or the Albuquerque motel room where another toddler shot both of his parents, who were just lucky and lived. (They have been charged with child abuse. Good.) A gun owner negligently, recklessly, criminally leaves a firearm, loaded, where  young children are and a tragedy results.

Alexis Widerholt, the mother of the children, called 911, and when emergency crews arrived they found that her the baby had been shot in the skull with a .22-caliber magnum revolver.

Somebody has to go to jail for this, maybe several people. Authorities say the gun belongs to a relative, but not the mother. If she knew the gun was in the house, she’s accountable. Anyone responsible for putting the loaded gun where a kid might find it is accountable. Charge them with manslaughter, convict them, send them away. Unless the mother didn’t know about the gun (she originally told the police it was a paint gun, either out of panic, confusion, or ignorance), she needs to lose the right to parent them, at least for a while. Continue reading →