How do you know?

Couple arrested for pointing a rifle at a daycare center while taking bodybuilding photos.

This couple was using a rifle as a photo prop in a densely populated area. That was stupid, so let’s get that out of the way. However, the rest of the article and the charges are just as dumb. One of the charges was exhibiting a firearm on school property. It’s a strip mall, so the parking lot isn’t the grounds of a school. According to the center’s website and licensing information (It’s Devon Aire Kiddy College) they have a total of 13 children receiving voluntary pre-K out of the 90 or so kids who are ‘enrolled’ there. Pre-K isn’t elementary, middle, or secondary school, so the 1,000 foot restriction doesn’t apply:

 in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, 

emphasis added

The daycare center in question is in a strip mall. Florida has no requirement that schools be registered or licensed. So even if this law did cover daycare centers, how is anyone supposed to know when they are within 1,000 feet of a daycare center?

My Florida Opinion

JKB over at GunFreeZone asks if it would be legal to shoot if this were to happen in [your state]. Here is my opinion on how Florida law would handle this:

At the beginning of the video, the three in it were committing a felony (grand larceny) as well as trespassing. You cannot use deadly force to protect property. However, as soon as they saw that the homeowner was there, they threatened to shoot him if he came out of his house. That immediately raises the offence to carjacking, which Florida law 812.133 defines thusly:

“Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

It also constitutes robbery with a firearm, 812.13 (a first degree felony)

“Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

The felons here are shouting that they have a gun and are willing to kill you to take the car. That creates another felony, aggravated assault 784.021:

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

Since both felonies use the threat of force, they are forcible felonies. A forcible felony is defined in Florida 776.08 as:

“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

emphais added

So what can you do about stopping a forcible felony? Florida 776.031 explains that:

A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

So in Florida, you would be legally justified in shooting all of them.

Another Win

Yesterday, a Federal judge in the district court for the Southern District of California struck down the state law that limited people to purchasing one gun in any 30 day period, stating that such a law is unconstitutional. The lawsuit was brought buy the Forearms policy coalition.

The FPC is doing a great job as a no nonsense gun rights organization. They and the Second Amendment Foundation are kicking ass and taking names.

The FPC is truly doing the heavy lifting that the NRA should have been doing for decades, but were busy paying for Wayne LaPierre’s wardrobe and NetJet account. Just last week, I got another email asking me to join the NRA, even though I have been a life member for more than 20 years.

Right now, they are arguing in a Delaware case, with the state trying to set the stage for a complete semi-auto ban.

I have set up a recurring monthly donation. I would like to point out that it is cheaper to fight now in the courts than it is to fight later in the streets. I get nothing for this post, and am not in any way associated with them, other than being a member and a donor. I am just a gun owner who wants to be left alone. If you are too, maybe you can toss them a few bucks.

Safe Review

If you will remember, I modified my gun safe last summer from a digital combination to a mechanical one. I also moved and was contemplating a dual safe system. So here is what I wound up doing:

My main safe is on the other side of the house and has a mechanical combination. The upside here is that this safe is resistant to someone having a backdoor, and it is also resistant to EMP events. Still, the mechanical lock is slower to operate, meaning in an emergency, it will take more time to access firearms. The lock is also less convenient, and for access to EDC, it isn’t ideal.

Still, I may need to access guns frequently or in a hurry, so I wanted a safe that had stuff in it that I may need. So I settled on a Vaultek RS 800i as my “hot safe.” This safe has a fingerprint lock for rapid access, with a PIN keypad as backup. There is also a key override if the electronics are somehow not working. It also alerts my phone of its status, entries, and any attempts at messing with or breaking into the safe. The safe is large enough for an AR, a shotgun, some ammo, a couple of handguns, and some miscellaneous stuff like my car keys, some cash, etc.

The safe works well. It allows me to keep my EDC locked up. It gives me secure, rapid, ready access to firearms right there in my bedroom. I like the safe, and it works well.

National Rifle Association

The NRA is just phoning it in to make more money.

It’s literally in your name, but not only did you get the sights on backwards and in the wrong place, but the ARs look like airsoft guns. This is why my gun organization donations no longer go to them, they go to the FPC.

More ATF Changes

The ATF continues the war on gun ownership in general, and self made firearms in particular. Since they can’t get traction for changing the law through Congress, they are using the bureaucratic apparatus to pass new laws. If you don’t already have the means for making your own firearms, I would suggest you do so soon, or your window of opportunity will close for good.

Important Update Regarding ATF Regulations and Easy Jig Sales Due to recent changes in ATF regulations, 80% Arms and 5D Tactical can no longer sell or support jigs directly.
Support and Warranty Service: For all Easy Jig and Pro Jig customers, will now handle support. Modulus Arms will honor warranty services, provide technical support, and offer replacement tools and parts for all Easy Jig and Pro Jig products.
Manufacturing and Sales: While Easy Jigs will continue to be manufactured by 80% Arms and Pro Jigs by 5D Tactical, all sales must now be conducted through their independent dealers to comply with the new regulation. They are no longer permitted to sell jigs or distribute manuals via their websites under these new ATF rules.
Legal Challenges: Both companies are actively challenging this government overreach in court. They are optimistic about a favorable ruling from the Supreme Court in 2024, as both the District Court and the 5th Circuit Court of Appeals have ruled decisively in our favor.
Availability through Dealers: In the meantime, both jigs are still available through their dealers, despite the inability to sell them directly.