Wednesday, June 30, 2010


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

There are two things that apparently drive our loyal readers to write comments on this blog:
1) Talitha Leacock's use of the FACDL Listserv; and 2) The Second Amendment.

The Miami Chapter of the FACDL met today and our sources tell us that the board decided: 1) Dues are really important; and 2) Orlando is a neat place to hold meetings.

On to the Second Amendment.

Almost all of the first ten amendments are written with an identifiable subject that is then modified.
"Congress" shall make no law respecting the establishment of religion... (1st)
"Soliders" shall not be quartered in a home in time of peace without consent of the owner....(3rd)
"People" shall be secure in their homes....(4th).

And a well regulated "Militia" is needed for the security of a free state. (2nd).
In 1776 the Pentagon didn't exist. The Colonies didn't have standing armies. What they had were citizen-soldiers.

What did a Militia need? Armed citizens. Thus, and this is just so clear, the Second Amendment guarantees that citizens will be armed...for what? FOR THE MILITIA.

There were no drive by shootings in 1776. Or drug dealers. Or Ghettos. Or gang violence. So why in the world do we ask Judges to try and divine what a bunch of middle aged-slave owning white men thought about current problems that are ripping our society apart?

The Center For Disease Control estimated that in 2000 in the US there were 53,277 deliberate and 23,237 accidental non-lethal firearm injuries. That's 77 THOUSAND Citizens injured every year. in 2003 there were over 30 THOUSAND gun related deaths.

In 2002 3,012 children or teenagers were killed by firearms. That's 8 children a day; 1 every three hours; more than 50 each week and more than 200 every month. The rate of firearm deaths among kids under age 15 is almost 12 times higher in the United States than in 25 other industrialized countries combined. (Centers for Disease Control and Prevention) American kids are 16 times more likely to be murdered with a gun, 11 times more likely to commit suicide with a gun, and nine times more likely to die from a firearm accident than children in 25 other industrialized countries combined. (Centers for Disease Control)

The overall firearm-related death rate among U.S. children younger than 15 years of age is nearly 12 times higher than among children in 25 other industrialized countries combined. Source: Centers for Disease Control and Prevention. Morbidity and Mortality Weekly Report, 1997;46:101-105

Why in world do we care what Hamilton or Jefferson thought about the right to bear arms? Guns in their world and guns in our world have absolutely no correlation.

Based on interpreting the plain language of the Constitution, or based on an overwhelming social issue that the political institutions of our society cannot remedy (See, Brown v. Board of Education) the Supreme Court's recent decision on the Second Amendment ranks right up there with Plessy v. Ferguson. Both decisions were politically based and driven by ideology.

We're off to the Vineyard tomorrow. We will have a 4th Of July post up before the weekend.

If this girl had a gun, she probably would not have been attacked.


Rumpole said...

On this most American of holidays, lets all celebrate our sacrosanct right to wreck unholy terror on each other by firing weapons indiscriminately. And along the way several innocent bystanders will be hurt or killed and (although we pray this doesn't happen) there will be several tragedies with families and unattended guns.

HAPPT JULY 4!!!!!!!

Anonymous said...

Rumpole, the Second Amendment does not give you a "sacrosanct right to wreck unholy terror on each other by firing weapons indiscriminately. And along the way several innocent bystanders will be hurt or killed and (although we pray this doesn't happen) there will be several tragedies with families and unattended guns." That's just the bovine metabolic residue produced by someone who has no legal argument and, thus, resorts to mindless hyperbole.

As you well know from the perspective of the safety stop, barracudas tend to ignore blingless humans and concentrate on catching the silvery fish common to their diet. I don't know what the cuda has to do with guns.

Anonymous said...

Woman, not girl.

Read the gender bias study.

A woman judge would be offended by you calling her a "girl."

Bitch is ok but, not girl.

Anonymous said...

I am sad people needs guns...surely America is a violent place...fortunately I have never felt the need to possess one...so many poor people are victims of gun violence...the high powered AK 47 types are only good for military use..but find their ways into the wrong peoples hands...weapons should be banned...in spite of original intent..i don;t think the founders contemplated the caliber and devastation associated with the attack weapons today...saddly our courts are expanding the wild wild west!

Anonymous said...

Why can't we set aside ONE day a year where we celebrate America's accomplishments and show our appreciation? Just one. That's all I'm asking........

For all of her flaws, the USA is beyond compare. We an incredibly lucky. It's a shame that so many of us forget.


Anonymous said...

State refuses to breakdown .081/.074 breath before Judge Miranda. Chief says "it's a triable case". Congrats to Frank Gaviria and Andrea Cunill on a 45 minute NOT GUILTY!!!

Anonymous said...

Those are nice guns.

Anonymous said...

In the case of a bullet fired at a precisely vertical angle the bullet would tumble, lose its spin, and fall at a much slower speed due to terminal velocity and is therefore rendered less than lethal on impact


Anonymous said...

Right again Rump! If the girl bit by the barracuda had shot her dad before he took her fishing, she would have never dun been bit.

Anonymous said...

Unfortunately, the idiots do not fire their guns preciely vertically - on the 4th or on any other day. They fire at an angle. Little velocity is lost during flight.

It just randomly hits someone sitting on their porch three blocks away, and fatally ends a perfectly civil family meal.

Anonymous said...

However, if a bullet is fired upward at a non-vertical angle (a far more probable possibility), it will maintain its spin and will reach a high enough speed to be lethal on impact. Because of this potentiality, firing a gun into the air is illegal in most states, and even in the states that it is legal, it is not recommended by the police. Also the MythBusters were able to identify two people who had been injured by falling bullets, one of them fatally injured. To date, this is the only myth to receive all three ratings at the same time.

Anonymous said...

Hey 5:45 pm

"the high powered AK 47 types are only good for military use..but find their ways into the wrong peoples hands..."

The AK-47's are not high-powered. They are, actually, quite low-powered because the military 7.62x39 cartridge with full metal jacket bullet is designed to disable rather than kill. That's why it takes quite a few shots with an AK-47 loaded with military solid-point jacketed ammo to kill a person. Why do you think that so many people survive being shot several times with an AK? And why do you think that the AK's need 30 round magazines to be effective? Why do you think that stupid street hoodlums use AK's while people who really know about guns use AR-15 versions who fire the much-smaller but much-faster and accurate 5.56 NATO round?

"weapons should be banned...in spite of original intent.."

Would you agree to ban all the other consitutional rights when some people don't like them, too?

Fake Talitha Leacock said...

I'm planning a remodeling job on my kitchen. I am well-versed on the and rules of kitchen remodeling.

Can someone provide me with detailed instructions on how to get to Hone Depot, including but not limited to, Mapquest links, Googke Earth links.

Rather than all that, can someone just do it for me?

"on all fours and barking like a dog"
Copyright 2010, Officially Retained, LLC

PS. Gooooooooooooooooal!

Anonymous said...


reveal yourself! I know you are a member of the FACDL board. I know you were at the meeting tonight. Rump, I even know what your your name stands for. Rump = Ass & Ole= Hole. Rumpole means Asshole. I know these things Rump. I am on to you. Are you Rick Freedman? Maybe Bob Pardo? Rumpole, are you C. David Weed? Rumpole, you might even be Judge Adrien. I am on to you Rumpole and when I reveal your true identity, I will publish it on the FACDL listserve under my alter ego Stabitha Peecock.

Anonymous said...

Yes congrats to Frank and that girl for beating some attorneys with less than a year experience and probably in there 3rd jury trial ever!

Anonymous said...

Guns don't kill people. People kill people. And people with guns kill people with and without guns.

Knives don't kill people. People kill people.

And what about table forks? Forks don't kill people. People kill people.

Guns ensure that we can revolt if/when the time call for it.

South Florida Lawyers said...

Is it Friday?

Anonymous said...

All you infidels . . . . having, carrying and using a gun is a god given right. Think, if god had not wanted men to have guns, he would not have given men the ingenuity to craft the fine weapons we have. Also, like the law of the jungle, survival of the fittest is critical, it assures thinning of the heard, more food, shelter and, well you know, the ability of carnal selection for the survivors. In the old country, the victors got all the refurbished virgins, (the ones who claim you are only their second, ergo the 2d amendment). The second amendment was important, it comes right after the first, it guarantees your right of speech; if they will not shut up and listen, you pull out your trusty mini-UZI (model “A” I must add, conceals well under a sports code, no stock), and boy -o- boy will they listen. I think the founding fathers did not go far enough, hell we should have the right to carry all sorts of armament, just think what a Stoner or an M60 would do to those F . . .ing neighbors who will not lower the novela, of a well placed 25mm incendiary to that idiot with in the mega amp Ecalade , , , , viva the NRA, viva Patrio Henry, Tomas Jefferson, (he went on the make millions in dry cleaning and lived on the East side). Look, if the Mexican had had guns, Texas, California and , yes, Arizona, would still be part of the Estados Unidos De Mexico, so there!!!! You Infidels viva Miriam Hammer (El Martillo).

Anonymous said...

Is the idea that we have a right to arms to protected against the tyranny of government no longer a talking point?

Anonymous said...

To the wise guy who keeps picking on Ms.Leacock,

Be careful.

Cops are now stopping people leaving Home Depo with construction materials and charging them with contracting without a license even if they say they are do it yourselfers.

The cops tell the people to "tell it to the judge."

Good luck.

Rumpole said...

12:36 it is indeed no longer a talking point. For many years those nuts in the woods of Michigan who are white separatists have tried without success to defend their activities based on Jefferson's belief that citizens have an obligation to rise up against their government at certain times.

It is now called domestic terrorism. And considering that the Federal government can now seek to prosecute attorneys who even consult with known terrorist groups, there is no legitimate argument that there can be at some time in the future a legitimate armed insurrection against the US Government. We have cast out lot with what we call Democracy, and any change must be accomplished through the ballot box.

So put your shotgun away and go vote.

Anonymous said...

1:52 p.m. the problem with the assistance to terrorist groups decision is that the government gets to decide who is a terrorist or not. Under that scenario, if the government decides that FACDL or any other attorney organization is a terrorist group for doing pro-bono work for Guantanamo detainees or whatever, they could conceivably go after even anyone who provides info on the listserv or anyother ssistance.

Anonymous said...

Dump the second amendment then what happens? The government crafts a plan to disarm the citizenry. Predictably, compliance will be made up by those that were never a threat in the first place. As for the diabolically inclined? They’re not going to turn in their Glocks, Uzi’s, or AK47’s. Their anti-social agenda just got a helluva lot easier. Practically zero resistance from their disarmed prey. It’s their time to party. Maybe this is why the founding fathers didn’t include an exit clause in the amendment.

Anonymous said...

Those aren't guns, they are Bazookas!

Anonymous said...

For those dumb enough to ignore history, genocides are often perpetrated and dictatorships consolidate themselves after a gun registration law is enacted and gun confiscations follow. That's why the Florida Legislature, in one of those rare moments when it actually responds to the interests of the public, prohibited mandatory gun registrations in the State and pre-empted the field of firearms regulation in 1987.