Gator’s pre-reqs

Gator’s Gun Control Questions

[and my quickie responses, which may change a bit as I think about them more]

1. Under what circumstances should a person be justified in using physical, non-lethal force against another person?

Non lethal force is the tool of the fair fight advocates. Non lethal force encourages fighting, which is a prolonged conflict. Don’t fight or employ halfway measures. Win NOW, not later or after halfway measures have failed.

2. Under what circumstances should a person be justified in using deadly force against another person?

Anytime someone uses force to threaten your life, liberty or property.

3. As a prerequisite for the legal justification of the use of deadly force, should a person be required to attempt to retreat from a place where that person is lawfully present prior to using deadly force against another?

No.

4. Under what circumstances should a person be allowed to use physical force or deadly force against another person in defense of a third person?

If the 3rd person is under your protection (wife, child, etc) or the 3rd person is attempting and unable to employ force on their own.

5. What adverse status, conditions, background events or criminal history, if any, adjudicated in a court of law should disqualify a person from the purchase, ownership, receipt, possession, transport or carry of firearms, ammunition or other deadly weapons?  (Such a person is generally referred to as a “prohibited possessor”.)

Current incarceration. If you are safe enough to not be in jail you are safe enough to exercise your rights as a citizen.

6. What adverse status, conditions, background events, or criminal history, if any, which have not been adjudicated in a court of law should disqualify a person as a prohibited possessor?  Who should be able to make this determination (if not a court of law), and how might the resulting disqualification (or at least the fact that one exists) be made known to the seller in order to prevent the attempted purchase or transfer?

Non Citizen status.

7. Which of the above-listed adverse criteria, if any, might be considered temporary, and therefore could be expunged from a person’s record, either immediately upon proof that the adverse condition has been rectified, or automatically after a certain period of time unless proof is shown that the adverse condition has not been rectified?

Any if the condition is rectified. No time limit fixes.

8. Assuming a person is not a prohibited possessor, what licenses, permits, or other demonstrable qualifications, if any, should exist as a prerequisite to the purchase, ownership, receipt, possession, transport, open carry, or concealed carry of a firearm or other deadly weapon?

proof of citizenship, vision test for ranged weapons.

9. As it pertains to licenses or permits, the term “shall-issue” usually means that the issuing authority must (by law) grant the license or permit within a specific period of time if the applicant is not otherwise determined to be a prohibited possessor.  When the issuing authority has discretion as to whether or not to issue a permit to an applicant who is not otherwise disqualified as a prohibited possessor, this is commonly known as “may-issue”.  Of these two types of licensing or permitting processes, which do you prefer and why?

Shall issue, because the default status is good character vs. having to prove your good character.

10. Some “may-issue” jurisdictions require that issuing authority declare an applicant to be “of good character” before issuing a permit to purchase, possess, or carry a weapon. List examples of adverse character qualities which might preclude a person from being issued such a permit.

Being incarcerated, under the age of 5, blind, or dead.

11. As part of the application process, some jurisdictions require a person to provide justification for obtaining a permit to purchase, possess, or carry a weapon.  In other words, they must explain why they need a firearm.  What circumstances might justify a person’s request to purchase or possess a firearm or to carry an operational firearm on their person or within their immediate control?

I’m a registered voter, a citizen in good standing and the constitution implies responsible adults should do so.

12. Should a state or jurisdiction that requires and issues such permits to its own residents automatically recognize and honor an equivalent permit issued by another state or jurisdiction (assuming that the permit holder is otherwise in compliance with other applicable firearm-related laws of the visiting state or jurisdiction)?

Automatically, no.

13. At the current time, Federal law (and most state laws) do not require transaction records (such as ATF form 4473) or a background check of the person purchasing or receiving a firearm when the seller or the person transferring the firearm is a private individual not materially engaged in the business of dealing firearms and therefore not required to hold a Federal Firearms License (FFL).  This is often referred to as the “gun show loophole”.  In reality, the venue or physical location where the transaction occurs is not relevant.  What is your position on this, and what changes, if any, do you propose?  Should a private, non-FFL seller have the means and authority to conduct a mandatory (or optional) NICS-type background check on a potential buyer in the same manner as an FFL dealer?

The owner of an item should be able to sell, trade, give away said item as s/he sees fit.

Being able to background check a buyer in a private sale scenario might be helpful when dealing with persons of unknown criminal/mental history. Perhaps FFLs could offer this service for a small fee?

14. What is your definition of “assault weapon”?

Weapon used by a criminal in an assault against a citizen.

15. List any particular makes, models, types, classes, calibers, characteristics, or other specific features of firearms, accessories or ammunition that should not be available to the general public?

None.

16. List any places that should be off-limits to private citizens while in possession of firearms and other deadly weapons, plus any alternatives you propose (or assume already exist) that would ensure or enhance their safety and protection from — and perhaps assume liability for — any criminal activity or other dangers while in or at such places?

Swimming pools. I’ve been ordered into the water with a bunch of steel tools on my belt, and cleaning that stuff afterwards is a pain.

17. Explain any additional process or methodology you would propose for the verification and enforcement of any qualifications, disqualifying conditions, rules, regulations, and prohibitions described in the previous questions.

provide proof of citizenship and all is well.

18. Have you ever employed, or has an employer ever provided on your behalf and for your benefit, a private security force consisting of one or more armed persons for the purpose of protecting your life, the lives of your family members, personal property, company property, or the life or property of anyone else of your choosing?  If so, please explain to the extent possible without compromising operational security.

No.

19. Has any government ever provided you or your family such protection using a private security force, government or law enforcement agency, or military force? Again, please explain to the extent possible.

Beyond armed guards at the gate of the military installation, no.

20. Is it your opinion that “No Weapons Allowed” signage (of which there are many variations) posted at public or private locations A) acts as a deterrent to criminals or criminal activity involving firearms, or makes those locations more susceptible to criminals or criminal activity by virtue of the fact that most people present are presumed (by the criminals) to be unarmed?

In my experience criminals pay little or no attention to rules, visibly posted or otherwise. A criminal using good victim selection technique would be well served by a weapon restriction sign that victims obey.

21. Is it your opinion that open (or concealed) carry of firearms by private citizens, in general and where not prohibited, acts as a deterrent to criminals by virtue of the fact that some people present are presumed (by the criminals) to be armed or possibly armed?

It is a FACT (not my opinion) that open carry HAS BEEN a deterrent to some criminals. Some criminals are not rational enough to be deterred by any object, person, action, or law.

22. At the locations where you live, work or attend school, what is the average response time for that jurisdiction’s primary law enforcement agency to arrive on scene in response to a violent crime against a person?

Never. I’ve never been able to get LE response to any difficulty at any location.

23. Does anyone living in your primary residence own or possess a firearm, and if so, for what purposes?

Yes. I believe responsible citizens should be prepared to defend themselves.

24. Should concealed carry permits, firearm ownership permits, firearm-related transaction records, etc. be a matter of public record?

Government issued documents should be public record. Private records should be private.

25. Should age-appropriate firearm safety classes taught by a qualified instructor be offered in public schools, either mandatory or as an elective?

Basic, entry level terminology, safety and familiarization should be mandatory. School should be the home of all how to, what is, and historical learning: how guns work, what is single action, why are firearms mentioned in the constitution.

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Posted on March 28, 2011, in bloggy stuff, firearms, freedom. Bookmark the permalink. 5 Comments.

  1. Silverevilchao

    “Non lethal force is the tool of the fair fight advocates. Non lethal force encourages fighting, which is a prolonged conflict. Don’t fight or employ halfway measures. Win NOW, not later or after halfway measures have failed”

    That actually reminds me a lot of the approach Ender took in Ender’s Game when he fought the bullies at the beginning. He wanted to make sure that they would never try to antagonize him again, so he proceeded to completely curb-stomp their leader.

  2. You are kidding – right!

  3. kidding about what ?

  4. About immediately using lethal force in every force on force situation to win a fight. So if someone starts shoving violently and repeatedly with a pretty good amount of force and is hurting you me or anyone willing to use force in return, but is not using force that will likely wind up in serious bodily injury or death, are you saying we should use lethal force in return. It sure seems to be the implication. If so, I ask again, you are kidding -right!

  5. First, I didn’t suggest using lethal force in every force on force situation. I said when there is a threat to life, liberty or property.

    Second I didn’t say anything about using lethal force to win a fight. A fight is a prolonged conflict with both sides taking injury and expending resources. I suggest resisting, successfully thwarting the threat, and doing so in the most expedient, efficient manner possible. If you are in a fight you’ve been using non lethal force already and it has not resolved the conflict. Which is why I am saying that fighting is useless and a waste of effort.

    so, no … not kidding.

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