Training

Staples

I recently became aware of a Supreme Court case from 1994, Staples v. United States. This case involved a man who had been arrested for having an AR-15 with more than a few components of an M-16 fire control group installed inside of it including the selector, hammer, disconnector, and trigger.

Suspecting that the AR-15 had been modified to be capable of fully automatic fire, BATF agents seized the weapon. The defendant was indicted for unlawful possession of an unregistered machinegun in violation of the NFA.

At trial, BATF agents testified that when the AR-15 was tested, it fired more than one shot with a single pull of the trigger. It was undisputed that the weapon was not registered as required by the NFA. The defendant testified that the rifle had never fired automatically when it was in his possession. He insisted that the AR-15 had operated only semiautomatically, and even then often requiring manual ejection of the spent casing and chambering of the next round. According to the defendant, his alleged ignorance of any automatic firing capability should have shielded him from criminal liability for his failure to register the weapon.

The trial court disagreed, and the man was convicted and sentenced to five years’ probation and a $5,000 fine. He appealed the conviction, and the appeals court agreed with the trial court, affirming his conviction. It was appealed and wound up at the SCOTUS level. Justice Thomas wrote the majority opinion, and let me tell you, there are some great quotes in that opinion.

The opnion says that the language of the statute provides little in the way of guidance in this case. The NFA is silent concerning the mens rea (intent) required for a violation. It states simply that “[i]t shall be unlawful for any person . . . to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record.”

Nevertheless, silence on this point by itself does not necessarily suggest that Congress intended to dispense with a conventional mens rea element, which would require that the defendant know the facts that make his conduct illegal.

Staples v. United States, 1984

The Government argued in that case that Congress intended the NFA to regulate and restrict the circulation of dangerous weapons. Consequently, in the ATF’s view, this case fits in a line of precedent termed “public welfare” or “regulatory” offenses, in which SCOTUS understood that Congress sought to impose a form of strict criminal liability through statutes that do not require the defendant to know his conduct was illegal.

One money quote that I saw was this one:

The Government does not dispute the contention that virtually any semiautomatic weapon may be converted, either by internal modification or, in some cases, simply by wear and tear, into a machinegun within the meaning of the Act. 

Give the case a read, and see what you can find.

By Divemedic, ago

You’re doing it wrong

A city worker was injured after being struck by debris from a blank that had been fired during active shooter simulation training. Did we learn nothing from the Alec Baldwin disaster? Even with blanks, projectiles still leave the barrel, and using real firearms to fire blanks is just asking for live ammo to work its way into the training scenario. All it takes is one forgotten spare magazine in an officer’s pouch, and tragedy results.

When engaging in gunfire simulation, there are a few rules, the first of which is that you don’t use real firearms. There are plenty of alternatives. From high realism/low danger like simunition, to Airsoft, paintballs, blue guns, or even simply fireworks.

There is no need EVER for pointing real firearms capable of firing actual bullets at people in a training situation. You have set yourself up for a scenario where a single point of failure is all that stands between safety and serious injury.

Look at this picture from another version of the story and tell me what this is accomplishing:

Slide lock, magazine inserted, in holster? Don’t get me started on the flimsy belt or the bunch of fabric that can get caught in the safetyless Glock trigger.

By Divemedic, ago

Rittenhouse

I have watched nearly every minute of the Rittenhouse trial. With my understanding of the law, I think that this was a legitimate case of self defense. With that being said, I don’t think that the law today (especially in politically charged cases like this one) is being practiced in anything close to the manner in which it is intended.

If Rittenhouse is convicted of those killings, we can be sure that self defense in particular, and the justice system in general, are no longer operating in this nation. The best thing to do from that point forward is to run if you are ever involved in a use of force incident. The Ritttenhouse defense fund is in the millions of dollars. If that isn’t sufficient to win a case that is this clear cut, there is no hope for those of us who only have concealed carry insurance.

I guess we will see.

By Divemedic, ago

Safety and Guns

Watch this video. 28 seconds into the video, look closely at the right side of the frame.

How close was that guy to the line of fire from the shots taken at 19 seconds? This makes my heart beat faster just watching it.

If the guy who was down there had been shot, who would have been at fault?

  • The designer of the stage who designed a stage where the ENTIRE stage wasn’t visible to the RSO
  • The RSO who didn’t make sure the down range area was clear before calling “hot range”
  • The shooter for taking the shot without verifying what was behind his target
  • The guy who was downrange for being where he was
  • The bystanders who didn’t keep an eye out and speak up

My answer? All of the above. We as shooters are ALL collectively responsible when things like this happened. There is a lesson to be learned from every incident. If we are unwilling to look at it with an honest eye towards safety, things like this will happen more often.

Safety isn’t just the responsibility of the RSO. Nor the shooter. It is everyone’s responsibility.

Design the environment so the RSO can see the entire shooting area. As the RSO, make sure that you are aware of the environment. The shooter needs to follow the four rules. The bystanders should keep an eye out for each other to make sure that every one of those who go down range to paste targets come back.

I have supervised people in all sorts of environments. SCUBA Diving, firefighting, HAZMAT, all sorts of things. Safety incidents are rarely the result of one thing that went wrong. It is often the result of a list of minor things that each went wrong. Each of us is responsible for what happens.

Like many shooters, I have had an ND myself. Two, in fact. I was much younger, and not as experienced as now. The first happened when I was 20 years old. I was at the range and pulled the trigger on my S&W 4506. I pulled the trigger, and nothing happened. I pointed the gun at a 45 degree angle, sort of down range, and sort of in the air. I pulled the trigger again. I was surprised when it went bang the second time. Luckily, the weapon wasn’t pointed at anyone.

The second was entirely my fault. I was doing dry fire practice. After being done with that, I reloaded the pistol. For some reason, I forgot what I had done, dry fired again, and blew a hole in the front of my dresser. Again, at least I wasn’t pointing it at a person. A violation of Rules 1 and 2.

Both of those incidents were more than 30 years ago. I have never forgotten them.

By Divemedic, ago

PACE plan

Your communications. The way that we communicate with the outside world. Think for a moment how you do that and how important that is. How robust are your communications? What would your life look like, if it was all taken from you? Once you realize that, you can look at your own situation and plan for the loss of some or most of your communications.

The PACE acronym is a great way to remember your communications plan. Let me explain: PACE is an acronym for Primary, Alternate, Contingency, and Emergency. Whenever communications between two parties are important, that line of communications will progress through those four stages until communications are reestablished. PACE is how we designate the order in which the parties move through available communications systems until contact can be established between the two parties.

Just how critical the line of communications is between those two parties will dictate how many steps are used. Ideally each method will be completely separate and independent of the other systems of communication. As an example, let’s look at a sample of communications between two parties:

  • Primary: This is the primary means that contact is made. It is monitored continuously. In our example, we know that the two parties constantly carry cell phones, so they have chosen to primarily communicate using cell phones to send text messages and/or phone calls.
  • Alternate: This is a secondary means of communication that is monitored nearly continuously. It uses, but does not require, cell phones. In this case, our two parties use email sent over the Internet.
  • Contingency: This method will not be as fast, easy, or convenient as the first two methods, but is capable of accomplishing the task. The parties rarely monitor this method. In this case, our two parties have agreed that they will reach each other by using radios. They have also agreed upon a channel/frequency plan that will be used to communicate.
  • Emergency: This is a method of reestablishing contact of last resort and typically has significant delays, costs, and/or impacts. Often only monitored when the other means fail. In the case of our two individuals, they have agreed to communicate by means of messages that will be left with at known trusted location (think geo caching, or a dead drop) A message might read: “Hey Skunk: I’m doing well. I will be at drop 6 in three days. Meet me in three days by arriving at point Chevy and calling on Channel Green. Booger sends”

Make sure that you have a way to reach those important to you. Make sure those communication paths are redundant. Make sure that they are secure. The time to plan is now. Hat tip to Aesop for the post idea.

By Divemedic, ago

Advice from Sun Tzu

Whoever is first in the field and awaits the coming of the enemy, will be fresh for the fight; whoever is second in the field and has to hasten to battle will arrive exhausted. Therefore the clever combatant imposes his will on the enemy, but does not allow the enemy’s will to be imposed on him. By holding out advantages to him, he can cause the enemy to approach of his own accord; or, by inflicting damage, he can make it impossible for the enemy to draw near. 

If the enemy is taking his ease, he can harass him; if well supplied with food, he can starve him out; if quietly encamped, he can force him to move. Appear at points which the enemy must hasten to defend; march swiftly to places where you are not expected.

An army may march great distances without distress, if it marches through country where the enemy is not.

You can be sure of succeeding in your attacks if you only attack places which are undefended. You can ensure the safety of your defense if you only hold positions that cannot be attacked. By discovering the enemy’s dispositions and remaining invisible ourselves, we can keep our forces concentrated, while the enemy’s must be divided.

Sun Tzu- The Art of War

Read the above and remember to avoid Washington DC on September 18.

By Divemedic, ago

Medicines to keep on hand

One thing that people who prepare for emergencies frequently overlook is medicine for “routine” medical problems. There are a couple of over the counter medications that I consider to be essential. When you are in a situation where medical care is not readily available, these medications can literally be lifesavers.

Acetaminophen: This one is good for pain and for control of fever.

Benadryl: This drug is good for allergic reactions, and also works well as a sedative and sleeping aid.

Ibuprofen: This is a non steroidal anti inflammatory. Anyone who has ever been in the military will tell you that this drug is used by them for everything from headaches to broken bones.

Immodium: Diarrhea is a killer because losing fluids and electrolytes can be dangerous. In a survival situation, take some as soon as the second incident of liquid bowel movement occurs.

Meclizine: This one is sold under many brand names. It’s good for mild nausea and can prevent vomiting. Like diarrhea, vomiting causes a loss of fluids and electrolytes that can be life threatening. It’s best to take this as soon as you feel queazy. If you wait until you are vomiting, it may be too late. Just remember that it can make you drowsy.

I’m sure that there are others I have forgotten. I am open to suggestions on what you may feel is essential.

By Divemedic, ago