Blatantly unconstitutional

President Trump’s CDC today issued an order that prevents landlords from evicting tenants from residential property, as long as the renter makes less than $99,000 a year. The order states that the tenant is still required to pay rent. Well, if I can’t evict them, just how am I going to do that?

There is currently no mechanism to make a tenant pay, if that tenant is not under any threat of being evicted. This is an unconstitutional taking. You are telling me, as a property owner, that I cannot remove someone from my property. However, they are claiming that, since the tenant is still required to pay, it isn’t a taking without compensation.

Exactly how I will be compensated is my problem, I guess.

I guess I am getting communism no matter who I vote for.

True, but misleading

The Trump administration says that they have reached out to the father of the rapist who was shot by police in Kenosha to request a visit from the President, but the father states that he is not interested in meeting with the President, stating that he has already met with “President Biden.”

Benjamin Crump, who is the man’s attorney stated that they had “received no calls to set up any kind of meeting,” which seems to be indicating that the Trump team is lying. Note, however the careful phrasing. The attorney didn’t say that they had not received a call, they claim that they had not received a call to set up a meeting. This is the kind of weasel language that lawyers use. As long as the call did not actually and specifically discuss a meeting, even if that was the purpose of the call, then both of the parties are telling the truth, even if the lawyer’s statement is a bit misleading.

Note how the press runs with that:

Benjamin Crump, the civil rights attorney who is representing Blake’s family, claimed no one from the White House had reached out to them.

Crump is a race baiting hustler and I wouldn’t trust him from here to… well, anywhere.

Zones

There were some questions about this morning’s zone list. Some cities failed to make the list simply because there are a lot of cities, there is a lot of information, not all of it is easy to find or accessible, and I didn’t have an unlimited amount of time.

Other cities were placed where they were, based upon the best information I had. For example, Miami was put in zone two because:

BLM/Antifa protests were violent on May 30.
Miami/Dade Mayor cites evidence that there are professional agitators from out of state assisting rioters on May 31.
Miami Police kneeled with and chanted with protesters
BLM/Antifa protests were violent on June 10

What pushed me into moving Miami to Zone 2 was this incident from July 18, where insurgents were blocking traffic and then guns were brandished. That same protest also produced this story.

These incidents were taken into account, and I felt that this indicated that there was a likelihood for further violence in the future. This is a big project. If Miguel, who is on the ground there, still feels that Miami should have a Zone change, I will do so. He is certainly closer to the source than I am. Let me know.
That goes for anyone else. If you are in an area and feel that it should be changed, let me know.

I am also adding Tallahassee to Zone 1, thanks to this incident.

I am also adding a link to the Danger Zone list in the sidebar

Danger Zones

Violence continues in certain cities, and will get worse as the election gets closer. 
More than 40 fatalities and well over 100 serious injuries have resulted from nationwide attacks and riots. Here is the list of the cities that are have had violent incidents. 
I will attempt to keep this page current.

Zone 1: Violence without aggravating factors
Note that violence has already occurred in zone 1 and may occur again with little to no warning. It would be prudent to watch the local news in these cities and avoid areas where “peaceful protests” are scheduled to take place. 

Alabama: Auburn, Birmingham, Mobile, Montgomery, Huntsville
Arizona: Scottsdale, Phoenix, Tempe
Arkansas: Little Rock, Conway
Connecticut: Hartford
Delaware: Wilmington
Florida: Orlando, Tampa, Jacksonville, Miami, St Petersburg
Georgia: Athens, Savannah, Gainesville
Idaho: Jerome, Boise
Illinois: Springfield,
Indiana: Evansville
Iowa: Kansas City
Louisiana: Lafayette, New Orleans, Baton Rouge
Maine: Portland
Massachusetts: Boston, Brockton, Worchester
Michigan: Lansing, Grand Rapids
Missouri: Kansas City
Nebraska: Lincoln, Beatrice, Grand Island,
Nevada: Reno
New Hampshire: Manchester
New Jersey: Trenton, Atlantic City
North Carolina: Asheville, Charlotte
North Dakota: Fargo
Ohio: Cleveland, Columbus
Oklahoma: Oklahoma City, Tulsa
Pennsylvania: Erie, Pittsburg

Rhode Island: Providence
South Carolina: Columbus, Charleston, Columbia
Texas: San Antonio
Utah: Salt Lake City
Virginia: Richmond
West Virginia: Charleston
Wisconsin: Madison
Wyoming: Jackson, Laramie

Zone 2: Violence with at least one aggravating factor
Zone 2 cites have already seen violence, with local authorities sympathizing or even assisting those committing violent acts. Violence may occur in these cities with little to no warning, and those who employ self defense in these cities can expect to face a hostile or antagonistic response from government authorities. It would be prudent to watch the local news in these cities and avoid areas where “peaceful protests” are scheduled to take place. 

Colorado: Colorado Springs, Fort Collins
Florida: West Palm Beach, Tallahassee
Georgia: Atlanta and suburbs to include Stone Mountain
Kansas: Wichita
Nevada: Las Vegas

New York: Rochester
North Carolina: Raleigh
Pennsylvania: Lancaster
South Dakota: Sioux Falls
Tennessee: Memphis, Nashville (National Guard Troops and state police laid down their riot shields and allowed protesters to enter the Capitol)
Texas: Houston, Dallas
Virginia: Portsmouth

Zone 3: Deadly force used by insurgents in at least one riot

Zone three cities are areas where violent protests and riots have taken place, and the rioters have employed deadly force with little to no attempt at mitigating response from local authorities. At best, any local response is merely token resistance. In these areas, violence is likely to occur in these areas without warning. Additionally, police and/or prosecutors are likely to bring the full weight of the law down upon those who attempt to defend themselves from these actors. 

California: Los Angeles (fatality)
Colorado: Alamosa
Florida: Williston
Georgia: Columbus (fatality)
Iowa: Davenport ( 2 fatalities in an ambush of police)
Maryland: Baltimore 
Michigan: Detroit (fatality)
Nebraska: Omaha (fatality)
New Mexico: Albuquerque (fatality)

Texas: Austin
Washington, DC
Wisconsin: Milwaukee and suburbs

Zone 4: Deadly force resulting in deaths, usually with government  capitulation or support

Zone 4 zones are those where deadly force has been used to kill and/or seriously injure anyone who the insurgents feel are not sufficiently sympathetic or supportive of their goals. Additionally, the local authorities are incapable or unwilling to oppose those who would commit these acts. Anyone in these areas is advised that violence is occurring and will continue to occur in these areas, and for this reason the area should be avoided. 

California: Oakland and San Francisco (2 fatalities)
Colorado: Denver and its suburbs (multiple shootings, fatality)
Illinois: Chicago (3 fatalities)
Indiana: Indianapolis (2 fatalities)
Kentucky: Louisville (fatality)
Missouri: St Louis metro area (2 fatalities)
Minnesota: Minneapolis-Saint Paul (at least 3 fatalities)
New York: New York City ( 3 fatalities)
Pennsylvania: Philadelphia (2 fatalities)
Wisconsin: Kenosha (2 fatalities)

Zone 5: Open warfare with either mutual firefights, or government actively supporting insurgents
Areas in zone 5 are areas that can best be described as active, low intensity combat. There are multiple sides and factions who are fighting for control of these areas. 

Oregon and Washington: The entire Interstate 5 corridor from the Canadian border south to Eugene, Oregon (more than a dozen fatalities)


METHODS

I reviewed protests/riots in nearly 500 US cities, and have compiled this list of cities where the insurgency is most violent.. I cannot guarantee that this list is completely accurate, but every attempt was made to be as accurate as possible. If any of you feel that this list has unfairly added an area, or I need to add an area, feel free to post that in comments.

I am not including “background” crime and violence- the crime that a city has normally. This is a measure of the developing insurgency, not a listing of “ordinary” street crime.

Getting worse

Today comes with news that a Trump supporter was killed in Portland. The man who is suspected of killing him says that he is “100% Antifa all the way,” and is heard on video of the incident yelling “We’ve got a Trumper here!” just before shots ring out.

BLM/Antifa forces yelled out “Our community held its own and took out the trash” in reference to the shooting.

A DC police helicopter flying over a riot has to make an emergency landing after the crew is blinded by lasers.

People dining in DC area restaurants are again assaulted by insurgents as they eat dinner.

As the violence ramps up, here is a map of the BLM/Antifa protests to date in 2020:

There is no question at this point that we are involved in a shooting war that is attempting to overthrow the US government.

More on Rittenhouse

The more that comes out about Kyle Rittenhouse, the more I think that we need to decorate that young man. Here is what I know at this point:

Why was Rittenhouse in Kenosha, which was miles from his home and in a different state?

 Rittenhouse was working that day in Kenosha as a lifeguard. When he got off work, he and a coworker went to the local public high school to remove graffiti by rioters.Later in the day, they received information about a call for help from a local business owner, whose downtown Kenosha auto dealership was largely destroyed by mob violence. The business owner needed help to protect what he had left of his life’s work, including two nearby mechanic’s shops. Kyle and a friend armed themselves with rifles due to the deadly violence gripping Kenosha and headed over to the dealership.

Was Rittenhouse illegally in possession of that AR-15, and did he bring it across state lines?

This also means that the firearms didn’t cross state lines at any point in time, and also means that, if the friend who loaned him the AR-15 was 18 years old, it was completely legal for Rittenhouse to be in possession of it. It appears as though it was lawful for him to possess the firearm.

How did Rittenhouse wind up running through the streets of the city?

It appears as though insurgents had set fire to a dumpster and were attempting to use it to start a larger fire. Rittenhouse saw this and used a fire extinguisher to put out the fire, which enraged the insurgents and led to them chasing Rittenhouse down the street.

This clears it up for me. This was a righteous shooting from beginning to end.

NFA, shotguns, and flare guns

As a result of the article that was the subject of this post, I have been getting questions from my friends about the practical and legal effects of firing a 12 gauge shell in a flare gun. It turns out that I happen to have a bit of experience in this area.

It turns out that a 12 gauge shell will work in a flare pistol. Once. A long time ago, thirteen year old me was left home alone and unsupervised and decided to do a little experimenting with my father’s Beretta shotgun, some shells, flares, and a flare gun. The shell fires, but it destroys the flare gun. Not surprising, being that the flare gun is made of bright orange plastic. Right after that, I tried loading a 12 gauge flare in my Dad’s shotgun. The flare got stuck on the choke, the barrel of the shotgun was ruined, and I got my ass beat.

So that handles the practical aspects. A ruined flare gun, a ruined shotgun, a damaged ass, and an angry father. Now that dad is dead, I own that shotgun, complete with the ring around the barrel where the bluing is no longer there. How about the legal aspects?

The National Firearms Act (26 US Code 5845) is going to be what applies here.

– A flare gun can’t be a shotgun because it isn’t designed to be fired from the shoulder.
– It can’t be a rifle, because it doesn’t have a rifled barrel.
– it seems to fit the definition of an “any other weapon.:”

The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. (emphasis added by DM)

So it seems that loading a shotgun shell into your flare gun means that you are now in possession of an unregistered NFA weapon.

The usual disclaimers apply: I am not an attorney, not your attorney, nor should you try this at home. Your mileage may vary, this is not intended to be technical or legal advice, and no one should act upon the advice I am giving you. In fact, none of this happened. Forget it.