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Showing content with the highest reputation on 07/06/2014 in all areas
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I think his practices and his system are maybe not unethical but they are shady. He goes around the country to other states, places where he is not licensed to practice law, is not associating with local counsel, and I'm betting has never set foot in a courtroom, and teaching the law of that state. He says it right there on his site: he'll be using cases, jury instructions and statutes from that particular state. That is, in the words of Sonny Crockett, major uncool. I go to nationwide CLEs with lawyers from Texas, California, you name it, teaching all kinds of subjects, but these are just general strategies, not state-specific practices. If you want to learn Tennessee self defense law you better get it from somebody other than the guy spending a couple nights at the Days Inn down the street. Also I'm not too impressed with his ability to analyze cases. He apparently thinks the case he started this thread about is a big deal in self defense law. It is not. It is hardly about self defense. It is an extremely common post conviction appeal on the Strickland v. Washington elements of ineffective assistance of counsel. Thousands of these are heard each year in Tennessee (and other states I'm sure). It is an unreported decision with little precedential value. His main argument is that the trial lawyer did a bad job by not knowing the law central to their defense. When I pointed out that the defendant was facing about 150 years and received a whopping 22, I got...no response. Yes that little fact was just ignored. I'm guessing that he's got such an erection for this case because it came out last year and so he can spin it on his unwitting customers as a new (maybe even groundbreaking!) and "important" legal decision on what a lawyer should and shouldn't do in a use of deadly force trial.5 points
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You're not married are you? :rofl: I ask this for 2 reasons, 1 is that once married, things don't always go exactly as you would wish nor do they happen within the choice timeline that you would choose if your own wants and desires were the only ones to take into consideration.2 is that, and I know everyone has heard this before, weeks go by incredibly fast once you've hit that milestone. I'm sure others will agree but months go by like weeks, it literally seems like Christmas was just 4-5 weeks back.5 points
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Not to derail the subject but what is the deal with these people that think their gun is worth more in trade than in cash. For example they will say "Glock 17 $450 cash or $550 in trade." Could be possible that I'm missing something here, just doesn't make sense to me. I figure if my gun is worth $450 then I should be able to trade you even for your $450 gun, not your gun plus $100.4 points
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My wife has been up until a few minutes ago (3AM) when our dog started tapping on the door. Thank God and I hope every one else's dog comes back too.4 points
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Tombstone Oops, forgot the "why". Overall great actors, but Val Kilmer killed it as Doc! I don't think they could have picked anyone better then or now to play that part like he did.3 points
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[URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140508_070914_zps33rctfql.jpg.html][/URL] [URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140512_161111_667_zpstzejpg5n.jpg.html][/URL] [URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140512_161141_524_zps4xgdxncd.jpg.html][/URL] [URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140512_162349_zpslczc0kqn.jpg.html][/URL] Yep, all set! Built myself a new bow for this year, plus some matching arrows. Can't wait for it to cool off a little :D3 points
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The Princess Bride. I love a good fairy tale, and it was funny as all get out. I don't think a day goes by that I don't find at least one line out of that movie to quote in a relevant situation.2 points
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Off the top of my head some of the top ones are Shooter, Act of Valor, Lone Survivor, and Lord of War.2 points
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2 points
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Perhaps that, but basically establishing destructive/invasive/detrimental populations in places where they wouldn't have flourished on their own. Russian pig always comes to mind first, but can be anything. Ultimately effort to not keep repeating kudzu, Guam tree snake, zebra mussels, silver carp, whatever... - OS2 points
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2 points
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I delieverd for the Papa John's in Lebanon years ago. There was no policy forbiding customers carrying on the store at that time, drivers were forbidden to carry though. I did anyway, figured losing my pizza delivery job and keeping my life was an okay tradeoff.2 points
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DUI on the driver's part? After he stopped it, he should've pulled the driver out and politely woke him up with closed fisted hugs.2 points
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2 points
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Lets see 1 of you was shooting a new division and another was coming back after a long break taking care of a new baby and a new job and the last one is coming down from a big high on his accomplishments at the Carolina Cup. Just what did you boys expect?2 points
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2 points
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I wasn't aware that making sure to fire a rifle within a certain amount of time was a matter of personal responsibility much less a personal responsibility that takes priority over work, family, etc.. Most of the men and women on TGO LOVE to shoot and spend time at the range or field so i'm going to go out on a limb and assume that leaving the rifle marinating in the safe for 8 months wouldn't have been his move of choice if more important responsibilities hadn't gotten in the way. Another thing is that the OP has not mentioned Outpost nor CMMG giving him a problem about whether it's been 1 day, 8 months or 2yrs since he bought it so i'm thinking his frustration is stemming from being pushed off on the manufacturer on the first rifle and/or having an issue with the 2nd rifle. Who knows, he may carry it in there Monday and Outpost tell him that they'd be happy to get it taken care or for him. I can certainly imagine that there are a great number of cases of "buyers remorse" and "my wife wasn't quite as receptive to a new gun as I thought she'd be" and that sucks for the shop and the salesman that may have be paid on commission but a xx day return policy would fix anything like that from happening outside of that time frame. The difference here is that the OP wasn't trying to "return" or "trade" the first CMMG rifle that had sight issues, he just wanted it looked at and fixed and felt whomever he spoke with at Outpost should have had someone look at it rather than brushing him off and telling him that he'd have to send it to CMMG himself. He didn't trade the rifle until after attempting to have the problem remedied. I have seen what you speak of first hand though, A friend of mine had that happen from time to time when he had his FFL and there were a couple of times, after some questioning, the buyer let something slip that made it very evident that he had gone home and found it cheaper on Buds or some other online wholesaler and decided that he would return it claiming it was defective and then turn around and order the gun online to save $30 or 40 bucks. One guy was so dumb that 3 days after returning the "defective" pistol (which my buddy offered to replace with another out of the case) he came in to get FFL info faxed over to have the very same pistol transferred at my buddy's shop.. Needless to say, this guy was the kind of douche you are talking about and he was refused service. Also, the OP stated that he "took it in the butt to trade it in on a SIG" which tells me that he either indeed told the shop that he traded it to that something was wrong or he wouldn't have had to "take it in the butt" (hypothetically I HOPE), or he traded it for the Sig at Outpost which they would have known of the issue since that's the reason he brought it in. I certainly am not and will never argue that FACT that there ARE tons of rotten A'holes that will try to manipulate the system to their benefit even if it's wrong, unethical and a show or poor character but i'm inclined to argue against life being busy and not having time to make it to the range in a timely manner makes the OP one of the aforementioned "rotten A'holes"2 points
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If there was a problem from the factory 8 months later, they should still be liable for fixing it, whether it was brand new or used after 8 months they still put out a faulty product.2 points
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Glad I got rid of him when I did or we might have been getting billed for all his "free" legal advice.2 points
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At least it's confined to the bolt carrier group, and is gonna be a real easy fix.2 points
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2 points
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Folks, the Hines decision is really nothing more than a run of the mill post conviction case that happens to be about a shooting that the defendant tried to make into self defense. It is not announcing any new law, and it is not a reported decision (meaning it has little precedential value). Also, while I'm not going to go as far as TMF in the other thread, I do think there is some misleading information being conveyed by the OP that needs to be cleared up. The trial lawyer in Hines did not do a bad job. His client was charged with first degree murder, felony murder (essentially first degree murder) and especially aggravated robbery. He was convicted of the lesser included offenses of second degree murder on the two murder charges, and aggravated assault on the esp. agg. rob. Guy was facing two life sentences for the murders (and I'm guessing this was a non-capital case) and an additional 15-25 on EAR. A very, very long time if convicted as charged. He got a total of 22 years. That's very good, ok? That's a great result. Furthermore, it looks like the failure to understand self defense law was the less important of two issues in this case. The bigger one was the lawyer's failure to impeach state's witnesses, and the defendant actually got further on that issue. On a post conviction petition in Tennessee you have to establish two things. One is deficient performance by your attorney, and two is prejudice resulting from that deficient performance. You can have deficient performance but no prejudice, and that's what happened here with the failure to impeach. The court said the lawyer should have impeached, but that they didn't was of little consequence to the outcome. As for not understanding the self defense law, both the trial and appeals court said it wasn't even deficient performance (the trial court maybe not as clearly) so the defendant didn't even get past the first hurdle. In other words, the appeals court didn't think it was that big of a deal. Yes, they did send out a little side note to the lawyer to please read the law before trial next time, but they didn't by any means throw him/her under the bus. In fact the court commended the attorney for being able to switch tactics like that in the middle of trial. So I disagree with OP that the trial lawyer was "pretty darn bad." I think that lawyer did an excellent job with what he/she had to work with. I think OP has latched onto a relatively minor issue and is trying to make it into the be-all-end-all of bad lawyering within the context of self defense cases. Even the best lawyers have "oh crap" moments in the middle of trial. Lawyers joke to each other that what we do is called the practice of law, meaning that we're continuously practicing it and never perfecting it. Like TMF I do question OP's intentions for coming onto TGO with all of this. Is it to sell a book? I don't know. But I do believe facts are being twisted. Finally I disagree with his first comment that finding the right lawyer is too long of a topic for a forum post. It's really quite simple and I can boil it down for everyone in a few words: get the best criminal defense lawyer in your area that you can, period.2 points
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How about we don't cooperate with these gun grabbing assholes in ANY WAY? They don't want background checks on private sales. They want gun ownership by private citizens to be totally eliminated. Their gun control schemes don't work, even in their anti-gun utopias. Piss on 'em.2 points
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You keep using that word, but I do not think it means what you think it means.1 point
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Dr. Strangelove Or: How I Learned To Stop Worrying and Love the Bomb. We must protect the American and our bodily fluids..... ROFLMAO...1 point
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Before renting the house, make sure you check the mortgage document. There has been some recent issues with mortgages being deemed in default (even when paid on time every month) because the borrower started renting the house out. Generally, owner-occupied mortgages are made with a lower interest rate than mortgages for rental properties. As a result, some banks (plus Fannie Mae, in some cases) don't want to keep a low cost mortgage on a rental property and will declare the mortgage in default when they find out about it.1 point
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The only difference between that gun sitting in the OP's safe for 8 months and it hanging on a wall at Outpost Armory is that in his safe it was handled less and likely kept cleaner/exposed to less moisture. Yet, most stores and manufacturers have nothing but "time since purchase" to measure their perceived liablity. As a member of the "$hi+ comes up that takes precedent over going to the range" club, I can see it happen. However, knowing about the clock running from the day I purchase, I've always made time to test a new gun within 2 weeks of purchase. If nothing else, the fear of losing money will motivate me enough to make it a priority. But, that's just me. I'm lucky to have grown kids, a wife that's glad to get me out of the house, and few other responsibilities. Bottom line is that if Outpost had that gun in inventory for a year before it sold, the clock wouldn't start ticking. A consumer should be able to have the confidence in a purchase that extends past first-use, whether that first-use is the day after purchase or a year later.1 point
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I wonder if you got a Shot Show gun? Intentionally set up so it couldn't fire and slipped into inventory somehow...1 point
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Up front, Andrew should have followed TGO terms of use, and for no more than it cost, got a Vendor or at least a benefactor tag. That said, (and I do not personally know him, just read a lot) In spite of his approach, he is a known set of resources used by Drudge Report, Legal Insurrection, and TTAG, and I have seen him on Fox News, etc. Say what you want, but he has captured the attention of the media, and voices out his opinion nationally. It would have been really good to work out issues and get past the Forming and Storming stages with this guy, Boston, NYC, California or not. Anyone that can call up Eugene Volokh or Alan Gotlieb to bend their ear probably has some decent information, once past the noise.1 point
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I wonder if he writes "CON-MAN" in the Occupation line of his Income Tax forms? If he does Obama might take him in as an entourage member!! LOL.1 point
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have 2 used rifles in my safe now working on 2 years and i havent fired them. how ever bought where is as is. will get around to it one of these days.1 point
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No problem, there are plenty of references to his site in every post he made ...1 point
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Contrary to what some may think, I don't see it to be uncommon for a purchased firearm to sit in a safe that long before being fired. Maybe not the smartest thing for us to do, but it happens for often than many will, or would like to admit. And yes...I have done it as well. Thankfully the worst incident I've had has been with a Chiappa Beretta clone in 22. Put it away, then took it out and found it to be a piece of excrement.1 point
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I just went through this with an elderly aunt that had signs of dementia. I ask my father if he got the guns out of the house; he said he did. It’s not about rights it’s about responsibility. Of course gun rights pales in comparison to all the other issues families have to deal with in these situations.1 point
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Hate? He addressed the case you started a thread about and is obviously familiar with. He is a criminal defense attorney in this state. I commend him for posting after you took your cheap shots at Chip. You obviously don’t like being told you are wrong. You came here to try to sell your seminar. If I were going to pay for a legal seminar on the use of deadly force would I rather pay for one from an attorney that practices in the county and state where the seminar is held, or one from Massachusetts? That’s a no brainer. You said you weren’t trying to sell anything, but that’s BS you were trying to sell your seminar in the very first sentence you posted.1 point
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I think they'd taste better if they'd bake them like all the other chains instead of serving them raw. - OS1 point
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1 point
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[quote name="Law of Self Defense" post="1165197" timestamp="1404478224"]Well, the trial court disagreed, and it was (always is) fully within the court's discretion to disallow an argument of self-defense if the defendant fails to meet his burden of production. But you knew that, I'm sure. --Andrew, @LawSelfDefense[/quote] Disagreed with what? He was a felon, a gang member and a drug dealer. I don't much care what the court says. You're attempting to parallel the case of this bottom feeder with actual, law abiding citizens. You think his record played no role in his conviction? Of course the defense can make a compelling argument for why this person was illegally in possession of a firearm due to fear for his life. He's a gangbanging drug dealer. Violent death is an occupational hazard. Seriously though, you've only come here in the past to peddle your book and now you're trying to peddle your seminar. Meanwhile, there are vendors here who have to pay for that. Nobody wants your snake oil. Sent from my iPhone using Tapatalk1 point
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its not that it goes away, but that it reverses.... after a bit you feel worried when you don't carry.1 point
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Agreed. If our government continues on its current path, it's really only a matter of time before we're all felons.1 point
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How do background checks of any kind keep felons and the mentally ill from getting firearms?1 point
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Yup. Abolish the unneccesary TICS altogether and go with NICS... like just about every other state.1 point
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Since I carry on the right, I fear of exposing my firearm while reaching for my license. Haven't been pulled over "yet", but I've rehearsed what I'm going to say/do when that happens. I would hate to be reaching for my wallet and another officer from the passenger side spot my firearm and think I was reaching for it instead. So yeah... all windows down, radio off, lights on, hands on the wheel at 10 and 2 until the officer reaches the truck. Then I'm going to mention that I'm legally armed and let him know where my firearm is. He can tell me how to handle it from there. Not that I'm scared of the police... but if I were in his shoes, that's how I'd want it to happen. They never know who their approaching... and it's my job to make them at ease with me.1 point
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I'd hand 'em my HCP if armed. If I didn't have a weapon on me I would at least inform the officer that I have a HCP but have no weapons in the passenger compartment. I think it just freaks some of 'em out a bit when they run the DL and find out you have a HCP that you haven't disclosed. Not that I don't care about the officer's safety but frankly I care a bit about my own. IMHO, officers tend to represent a cross section of their communities. Do you know anyone in your town who's stupid? doesn't have a proper temperament for their job? I'm not anti-law enforcement by any means. I just recognize that LEOs are people too. Sometimes you have to plan for the lowest common denominator. The officer walking up to your car may be the brightest, best-trained, most even tempered veteran on the force. He may be a frightened 22 year old right out of the academy wondering why he isn't stocking shelves somewhere instead of walking up on unknown situations at 3a.m. Anything I can do to make sure the LEO knows he has nothing to fear from me and should keep his firearm holstered, that's the way I'm gonna roll.1 point
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I try to make things as easy as possible for the officer when I get pulled over. I roll down my windows (all of them), turn on the interior lights, place both hands on the wheel and when the LEO asks provide both Lisc and HCP which are on the dash so I don't have to take my hands out of sight. I figure that's gotta be a tense moment for an officer... walking up on an unknown... anything I can do to make their life easier. The officers seem to be appreciative. It might not be necessary but it costs me nothing and makes their lives a little less tense, so why not.1 point
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I had never seen this method before and thought I would share for those interested. http://www.stumbleupon.com/su/2ha3h2/9VRq047E:I-oN@KJB/www.primitiveways.com/waterproof_fire_starter.html1 point
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UPDATE: I called BRO and their tech guy was more than eager to help. He asked a few questions and established that i'd done everything correctly and said to email him with a mailing address and he would send a new one out right away with a prepaid postage for return. Since I wasn't at home I decided to put the group back in the rifle so that I wouldn't risk losing something and that's when I noticed what the problem was. There was a small chunk of foreign (I think) material stuck in the disconnector spring causing the disconnector to engage the hammer ever so slightly. I pulled the piece out of the spring and installed the trigger and everything was perfect. I emailed Gregg at BRO today to let him know what I figured out and he replied withing minutes to tell me that he was glad that I figured that out so that I would have a decent trigger to work with until the new one arrived because he was still going to send it. I told him that he didn't have to do that since it was working now but he wanted me to have the best they offer and didn't want to risk that piece I found having broken off of something within the trigger. Black Rain Ornance is definitely being placed on my "folks to do business with" list because their service was exceptional!1 point
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