Quotulatiousness

February 4, 2012

The true slippery slope in the Ian Thomson case

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 11:24

Rex Murphy gets to the bottom of the crown’s odd fixation on prosecuting Ian Thomson for successfully scaring off arsonists who attempted to burn his house down around him:

Mr. Thomson is alive, his house stands, but the Crown is still busy with him. Why is this man being punished for self-defence? Why are the Crown prosecutors making his already tormented life more miserable?

I can only suggest it is because in this, as in similar cases, our caring authorities are uncomfortable with the idea of a citizenry that retains some common sense and courage when it comes to self-protection or the protection of their property. Why, here in Toronto two years ago, a Chinese-Canadian merchant was himself charged with nothing less than “kidnapping” when he, with some help, captured a chronic shoplifter and thief. The “kidnapping” amounted to holding the wretch that was robbing him till the police arrived. They charged the storekeeper after making a deal with the thief. If this is not dread of a resourceful citizenry, then what is it?

Here’s another theory: Perhaps we have subscribed to the Thomas de Quincey school of criminology. De Quincy, as every schoolboy knows, was the great 19th-century author and essayist, the creator of the classic Confessions of an English Opium-Eater. He also penned two satirical, fearsomely prescient essays, beginning in 1827, on Murder Considered as one of the Fine Arts. In the second of these, he outlined an interesting perspective on how dabbling in one form of crime can gradually, almost imperceptibly, lead to other, more horrific, desperate and truly despicable matters:

“For if once a man indulges himself in murder, very soon he comes to think little of robbing; and from robbing he comes next to drinking and Sabbath-breaking, and from that to incivility and procrastination … Many a man has dated his ruin from some murder or other that perhaps he thought little of at the time.” Very wise words indeed.

February 1, 2012

Arson victim now being dragged through the courts for defending himself with firearms

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 11:26

Canadian prosecutors have a strong aversion to the idea that people should be allowed to protect themselves, especially if firearms are involved:

Just when was Ian Thomson guilty of unsafe storage of a firearm? Mr. Thomson is the Port Colborne, Ont., man currently standing trial in a Welland, Ont. courtroom after he and his home were attacked by firebombers in August, 2010. (That’s correct, in the topsy-turvy world of Canadian criminal justice, Mr. Thomson and his home were the ones attacked and yet he is the one on trial.)

Having dropped other more serious charges — such as dangerous use of a firearm — because they concluded there was no reasonable chance of winning a conviction, Crown prosecutors have nonetheless bullied ahead with unsafe storage charges against Mr. Thomson.

One can only speculate on the Crown’s motives, but many prosecutors are so opposed to private citizens owning guns and, especially, using guns to defend themselves, their loved ones or property, that it is easy to believe prosecutors are running Mr. Thomson through the ringer in an attempt to discourage other homeowners from following his lead. They have conceded they cannot get a conviction against the retired crane operator and former firearms instructor for shooting at the three men who were trying to burn down his house with him in it, but perhaps they are hopeful their decision to drag Mr. Thomson through months of emotionally draining and expensive court proceedings will cause other homeowners to conclude armed self-defence isn’t worth the hassle.

Update: An already strange case appears to be getting stranger, as the judge needed to adjourn the court to allow time for the lawyers to figure out just what the law actually says:

Canada’s laws on the storage and handling of guns and ammunition are so complicated that a veteran judge needed to adjourn court to allow two experienced lawyers more time for legal arguments and a search of case law to help parse and dissect them.

It was a dud of an ending after two days of trial in the case of Ian Thomson, a 54-year-old Port Colborne man who fired three shots from a legally owned gun to scare off three masked men who were firebombing his secluded farmhouse while one threatened: “Are you ready to die?”

And the crown displays a remarkable lack of firearms knowledge:

Mr. Mahler said Mr. Thomson was “less than forthcoming” and “secretive” when police arrived. He suggested Mr. Thomson even picked up the spent shell casings from his porch and hid them in his bedside table.

Seeming confused, Mr. Thomson said he didn’t understand.

“Didn’t they fall to the ground?” Mr. Mahler asked, apparently thinking shell casings from a .38-calibre revolver were ejected from the gun with each shot.

“No,” said Mr. Thomson as the crowd of gun advocates watching from the public gallery chuckled and guffawed at Mr. Mahler’s mistake.

Spent shells from a .38 remain in the gun’s cylinder until it is opened and they are removed. Mr. Thomson took the casings out at the same time he opened the gun to reload it, which was at the bedside table, where the casings were when police arrived, he said.

Of course, if he’d had enough time to collect expended brass — in the dark — before police arrived, it doesn’t support the idea that the police were going to be timely in arriving after he first called 911, does it?

January 25, 2012

Lorne Gunter: The long-gun registry was broken from the start

Filed under: Bureaucracy, Cancon, Law, Liberty — Tags: , , , — Nicholas @ 10:55

Writing in the National Post, Lorne Gunter points out that the long-gun registry was even less useful than we thought:

Last month, the RCMP and Statistics Canada were forced to admit that they don’t keep statistics relating to the number of violent gun crimes in Canada that are committed by licensed gun owners using registered guns.

“Please note,” Statistics Canada wrote in response to an access to information request filed by the National Firearms Association, “that the Uniform Crime Reporting (UCR) survey does not collect information on licensing of either guns or gun owners related to the incidents of violent crime reported by police.” Nor does StatsCan’s annual homicide survey “collect information on the registration status of the firearm used to commit a homicide.”

This raises the question: Why did it take so long for the government to begin ridding Canada of the horribly expensive, unjustifiably intrusive federal gun registry? If no one in Ottawa had any systematic way of tracking whether or not Canadians suspected of committing a violent gun crime were licensed to own a gun and had registered the gun being used, then they had no way of knowing whether registration and licensing were having a positive impact on crime.

There are around 340,000 violent crimes reported to police in Canada each year. Just over 2% of those (around 8,000) involve firearms. (There’s another reason to question the initial wisdom of the gun registry: Why was Ottawa expending so much time, effort and taxpayer money on such a tiny percentage of violent crimes, while doing comparatively little to prevent the 98% of murders, robberies, kidnappings, rapes and beatings not committed with a gun?)

Even if you grant the original notion that the government had an overriding need to track gun ownership (over and above the user licensing scheme that pre-dated the registry by decades), this can only count as a waste of time, money, and effort.

November 3, 2011

“It’s easy to give up a liberty that is unimportant to you”

Filed under: Cancon, Government, Liberty — Tags: , , , , — Nicholas @ 09:33

Lorne Gunter explains why giving government the power to limit one liberty inevitably leads to the government limiting other liberties:

My interest in guns is purely philosophical: I can’t trust any government that doesn’t trust my law-abiding fellow citizens to own whatever guns they want. It’s the instinct to ban — rooted in the notion that governments or “experts” know better than we ourselves what is best or safest for us — that scares me far more than the thought of my neighbour owning a sniper rifle. The banning instinct is never slaked. Once it has succeeded in prohibiting guns, it will turn itself to offensive speech or unhealthy food.

[. . .]

But above all, it always worries me when the concept of “need” enters the debate, as in (to quote one of my colleagues): “Why do farmers and hunters need sniper rifles?”

The concept of “need” is antithetic to freedom in a democracy where the citizens are sovereign. No one needs a car that goes more than 110 km/ hr, because that is the highest speed limit in the country. So should any of us who want to drive more than a Smart Car or Fiat have to go cap in hand to a government official and explain our “need” for, say, a sports car, before we are granted the right to buy one? Many more Canadians — thousands more — are killed by speeding automobiles each year than by high-powered rifles that are beyond what ranchers “need” to kill coyotes.

If you are guilty of no crime, what you “need” is none of my business, or the government’s. In fact, it is the reverse. Any government that seeks to restrict the liberties of law-abiding citizens should have to prove it needs to do so, and that it is not just pandering to popular emotions and political sentimentality.

October 13, 2011

The 14th Amendment, a history

Filed under: Government, History, Law, Liberty — Tags: , , , — Nicholas @ 09:54

October 5, 2011

The police are not subject to the rules they enforce on gun owners

Filed under: Cancon, Law, Liberty — Tags: , , , — Nicholas @ 11:52

Lorne Gunter itemizes some of the many, many ways that legal gun owners in Canada can be tripped up by vagaries and inconsistencies in the law:

Since Bill C-68 became the law of the land more than 15 years ago, one of the most common charges police have laid against gun owners has been for unsafe storage. The reason for this is that the federal firearms law is very unclear about what constitutes safe and unsafe storage.

Is it enough to have one’s firearms locked away in a gun safe or must they also have trigger locks installed? How secure must the safe’s lock be: strong enough to keep a thief out for two minutes? Five? Fifteen?

Is it OK to store ammunition in the same safes as guns or must bullets and shells be in separate safes from one’s firearms? Must the two safes be in separate rooms?

There are no hard-and-fast rules, so in some provinces, unsafe storage provisions have become catchalls. In Ontario, for instance, most frontline officers have been trained to lay unsafe storage charges against any gun owner whose firearm lacks a trigger lock, even if the owner had just removed the lock so he could use his firearms to defend his home or family against intruders.

These unwritten rules make self-defence next to impossible. You are permitted by law to use a gun to defend yourself and your home against an armed intruder, but you cannot remove the locks on your guns to defend your loved ones, yourself or your property unless you’re willing to be charged with unsafe storage.

Perhaps the unsafe storage rules are should be called a Catch-22 rather than a catchall.

Oddly enough, the police don’t hold themselves to the same standard that they so unevenly enforce on the citizens. According to a recent FOIA result, police forces in Canada have lost more than 400 firearms over the last three years, but no police officers have faced criminal charges or loss of their jobs over these losses. Yet another way that the police have different rules than ordinary citizens.

September 29, 2011

Quebec may create its own gun registry

Filed under: Cancon, Government — Tags: , , , — Nicholas @ 08:10

Matt Gurney examines the Quebec government’s declared intention to create a provincial gun registry:

In July, Quebec’s Public Safety Minister Robert Dutil told reporters that his government was considering a “Plan B” in the (highly probable) event that the federal Tories scrapped the long-gun registry — the creation of a provincial registry. Quebec is particularly sensitive to crimes committed by firearm, and has been more wedded than most provinces to the faulty notion that registration provides public-safety benefits. The Supreme Court has already ruled that firearms registration is a federal responsibility due to the public safety nature of gun control, but Quebec could theoretically try to establish a registry for firearms that treats them as simple property, no different than dogs, cats or boats. It would be a political stunt only … but then again, that’s all the registry has been since the beginning: A costly act of political theatre in which politicians impose burdensome red tape on lawful firearms owners and proclaim society somehow safer as a result.

July 26, 2011

ATF sting turns into arms pipeline for drug gang

Filed under: Americas, Government, USA — Tags: , , , — Nicholas @ 08:51

Operation Fast and Furious may have been intended to work as a trap for gun smugglers but appears to have become a reliable source of guns for Mexican gangsters:

Congressional investigators examining a gun-trafficking sting investigation known as Operation Fast and Furious have identified 122 weapons linked to the operation that have been recovered at crime scenes in Mexico, according to a report they are expected to release Tuesday.

The report, which offers new details about the operation, lists 48 occasions between November 2009 and February 2011 in which Mexican authorities found one or more such weapons, based on internal e-mails of the Bureau of Alcohol, Tobacco, Firearms and Explosives, whose Phoenix office set up the operation. It was compiled by the staffs of Representative Darrell Issa of California and Senator Charles E. Grassley of Iowa, the two Republicans leading the investigation.

“The faulty design of Operation Fast and Furious led to tragic consequences,” the report concludes. “Countless United States and Mexican citizens suffered as a result.”

June 23, 2011

More on Mexico’s plight

Filed under: Americas, Government, USA — Tags: , , , — Nicholas @ 12:08

With the Bureau of Alcohol, Tobacco, Firearms and Explosives losing control of their crack-brained “Operation Fast and Furious” (aka “Gunwalker”), you’d think that the firearm problem in Mexico has gotten worse. Even if the low estimate of 2500 weapons delivered to the narcotrafficers is accurate (most think it’s at least 4 times that number), it barely puts a dent in the extent of Mexico’s problems:

By now it should be clear that the Mexican drug cartels have taken over the country. They’ve murdered journalists, politicians, judges, businessmen, police, soldiers and each other, with impunity. Their control is so complete that they’ve set up roadblocks to extort blood money from anyone bold enough to believe they have the right to travel freely. They’ve murdered so many people that they’ve resorted to dumping lifeless bodies into mass graves.

Every single day, there’s a fresh story of murder and mayhem. Today, it’s “Eight Bodies Found in Mountains in Northern Mexico” and “Gunmen Kidnap 7 from Drug Rehab Center in Northern Mexico”. The crime-related casualties number in the tens of thousands. That’s to say nothing of the thousands physically and psychologically maimed by torture, or the millions of Mexican living in fear, denied their basic human rights. The Taliban have nothing on these guys.

In other words, adding a few thousand guns from American sources isn’t even a drop in the bucket as far as Mexico’s real problems are concerned:

The ATF purposely mislead Americans to believe that “90 percent of Mexican cartels guns come from Bob’s Gun Store.” That lie was exposed: 88 percent of guns confiscated by the Mexican authorities and successfully submitted for trace to the ATF came from America. (Not necessarily American gun dealers either, BTW). How many qualifiers can you stick in a stat to make it bark like a dog? More importantly, the total population of guns confiscated by the Mexicans in that stat was 30,000.

Now consider the fact that the Mexican police and military are thoroughly corrupt. In fact, there’s every reason to believe that these two entities have supplied the drug cartels with majority of their box fresh military-grade weapons. Weapons that American and foreign weapons makers sold to the Mexican authorities legally. And that means the Mexican have no reason to confiscate any weapons — other than creating a little security theater and transferring ownership from one cartel to another.

June 20, 2011

Operation Gunrunner

Filed under: Americas, Government, USA — Tags: , , , — Nicholas @ 12:26

Also from the latest Libertarian Enterprise:

BATFE started Operation Fast and Furious, now better known as Gunrunner, as a sting to catch people smuggling weapons to the narcotraficantes in Mexico. They ran into a problem. Gun dealers in the area involved “made” the straw men buyers and called the BATFE to report these types. ATFE told the gun dealers not to worry and sell the guns. Not ten or twenty times, not a couple of hundred times like a reasonable person would expect. The lowest figure I’ve seen is about 2,500, enough weapons for a small brigade.

Let us clearly summarize this idea, the ATFE ordered law abiding American merchants to arm a brigade of criminals.

In effect ATFE armed an army of murderers, rapists, extortionists, and slavers who financed their actions by smuggling drugs into the US. This has helped destabilize the government of Mexico and led to the terrorizing of the honest working people of that nation. The last time I checked such behavior constitutes an act of war. Either it is the policy of the United States to destabilize the government of friendly nations ( given some of the stunts we’ve pulled this is less unreasonable than it ought to be) or elements of the Bureau of Alcohol, Tobacco, Firearms and Explosives abused their police authority in the United States to conduct a filibuster (look up original meeting) against Mexico. Not only that, they did so with the approval and support of Attorney General Eric Holder.

April 30, 2011

“When police decide they need to make an arrest, he said, they find a way to make an arrest”

Filed under: Cancon, Law, Media — Tags: , , , , , — Nicholas @ 11:38

Not the finest day in Albertan justice:

Charges have been dropped against three Alberta men accused of shooting dead a pregnant wild horse and tossing its body down a hillside. For more than a year, the RCMP and the Crown were sure they had the right guys. They even charged the then-12-year-old son of Jason Nixon, one of the accused. But then, just as the trial began, the defence produced an important piece of exculpatory evidence: The horse hadn’t been shot.

The Mounties had assumed it had been. They were operating on a tip from a man named Dave Goertz. Mr. Goertz, as everyone involved in the case knew, was a crackhead and a meth addict. He reported the crime after a local group that defends Alberta’s wild horse population posted a $25,000 reward.

[. . .]

Apparently, the word of a drug addict was enough for the guardians of our justice system to arrest three innocent men and run them all the way to trial, costing them their jobs, a small fortune and untold grief.

[. . .]

The horse had been badly decomposed, apparently, by the time police found it, so determining whether it had been shot wasn’t possible. And yet, lacking critical evidence, the province proceeded with its prosecution for wilfully killing and careless use of a firearm. The three men faced a maximum of five years in prison.

This kind of thing, said defence lawyer Willie deWit, “is what happens in our system a lot of times.” When police decide they need to make an arrest, he said, they find a way to make an arrest. They ignore anything that might exculpate the accused, and seize on anything that feeds their assumptions of guilt.

April 24, 2011

No 21-gun salute for royal wedding due to “health and safety” concerns

Filed under: Britain, Bureaucracy, Health — Tags: , , , — Nicholas @ 13:41

Ah, those “elf’n'safety” goons strike again:

When Prince William and Kate Middleton leave Westminster Abbey on Friday, there will be no 21-gun salute to mark their union. Mandrake can disclose that plans for such an honour in Hyde Park were abandoned because of fears over “health and safety” and “noise pollution”.

One of the Prince’s pals tells me: “We thought it would be a fitting tribute for the wedding, but we were told that, because of health and safety, and noise pollution concerns, it would involve too much red tape to get a new salute authorised.”

Twenty-one gun salutes in Hyde Park and Green Park are a traditional military honour, carried out by the King’s Troop, Royal Horse Artillery, to mark important royal occasions including Coronation Day and the official birthdays of the Queen, the Duke of Edinburgh and the Prince of Wales. Queen Victoria and Prince Albert’s wedding in 1840 began with such a tribute.

April 20, 2011

Railgun in the US Navy’s future?

Filed under: Military, Technology — Tags: , , — Nicholas @ 13:21

H/T to Cory Doctorow for the link.

April 6, 2011

XM-25 video released

Filed under: Military, Technology, USA — Tags: , , — Nicholas @ 07:14

XM25 from PEO Soldier on Vimeo.

If the field trials in Afghanistan go well, this could be a very useful addition to the US Army’s armament collection. As the video shows, however, firing a 25mm round means there’s quite a kick to the soldier firing the weapon. The capability the weapon provides, however, isn’t available at the squad level any other way, so just hand it to your biggest trooper . . .

April 1, 2011

XM-25 man-packable cannon moves into production

Filed under: Asia, Military, Technology, USA — Tags: , , , — Nicholas @ 09:55

I’ve updated the earlier report.

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