Good decision, good reason, still upset


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skidmark
October 17, 2005, 11:57 AM
US v. Waldner (10/10/05 - No. 04-3415)
Denial of defendant's motion to suppress evidence is reversed where the police officers' entry into a basement office in defendant's home was not justified as part of a protective sweep, and the evidence seized in the office should have been suppressed.
http://caselaw.lp.findlaw.com/data2/circs/8th/043415p.pdf [PDF File]

Guy has a supressed rifle - no paperwork on it - in a gun cabinet. Wife gets restraining order & cops come to serve it on him. Cop walks into room (home office) where gun cabinet is located & things start flowing downhill from that point.

The court's decision is appropriate and correct, and the reasoning the court provides is clear, useful and understandable (a hat trick is not easy to come by in court decisions :evil: ).

I'm still upset that the guy has not gone through the :cuss: :banghead: :fire: hoops required to pay the tax on the supressor. But that's another rant.

stay safe.

skidmark

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TallPine
October 17, 2005, 12:08 PM
I'm still upset that the guy has not gone through the hoops required to pay the tax on the supressor.
Why .... :confused:

skidmark
October 17, 2005, 12:23 PM
Quote:
I'm still upset that the guy has not gone through the hoops required to pay the tax on the supressor.

Why ....

Because ignoring the hoops will not make them go away, and ignoring them gives more reason for those who created the hoops to scream that the hoops are necessary.

stay safe.

skidmark

oldfart
October 17, 2005, 12:25 PM
"Why ....:confused: "

Becuse he should be perfectly able to install any sort of muffler, silencer, brake, flash-hider, etc., he wants.... WITHOUT government permission!

pax
October 17, 2005, 12:28 PM
Because ignoring the hoops will not make them go away...
It worked for the Blue Laws.
... and ignoring them gives more reason for those who created the hoops to scream that the hoops are necessary.
Those people scream anyway. They don't need reason.

pax

Professor, I can't understand you. I don't insist that you call it 'government' -- I just want you to state what rules you think are necessary to insure equal freedom for all.

Dear lady, I'll happily accept your rules.

But you don't seem to want any rules!

True. But I will accept any rules that you feel necessary to your freedom. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do. -- Robert Heinlein

Carl N. Brown
October 17, 2005, 03:42 PM
Finland is considering making civilian ownershop of
silencers obligatory:
From: wilska@mopo.cc.lut.fi (Panu Wilska)
....here are some facts how silencers are treated in Finland.
Silencers are not considered to be "parts of a firearm", that means
that anyone can build one, own one and buy or sell one without any
restrictions. Just as grips or scopes.
There are no special taxes on silencers, of course for everything
you buy the 22% VAT is included.
Silencers have been found useful in preventing noise-pollution of shooting
ranges that are near urban areas. Several studies have been made on
subject should silencers be obligatory. One study made by State
Department of Labor strongly suggests people to use silencers to
prevent damage to their ears. (that state department handles issues
of work safety etc.) ....
Silencers are cheap and of high quality in Finland. You can buy a silencer
for .22 for $50 and top quality silencers that sustain unlimited full-
automatic fire go for about $150. Factory-made silencers are available
actually for any gun and caliber....
Silencers are coming increasingly popular, more and more .22 are being
sold with silencer already fitted. For Ruger mkII there are numerous solutions
some with bayonet-style fixing which make it fast to fix and remove. Such
solutions have been seen on Luger and Margolin. Almost all gunsmiths
can make silencers. The best known industrial makes are VAIME, KANU
and BR-REFLEX....
-- Panu Wilska

What a world, what a world.

TallPine
October 17, 2005, 04:46 PM
thanks, pax ;)

scout26
October 17, 2005, 05:50 PM
Maybe we can get OSHA to sue the BATFE to allow suppressors ???

grampster
October 17, 2005, 08:15 PM
+1 Pax.

Standing Wolf
October 17, 2005, 08:51 PM
Becuse he should be perfectly able to install any sort of muffler, silencer, brake, flash-hider, etc., he wants.... WITHOUT government permission!

I've never seen anything in the Second Amendment about taxes on the arms we keep and bear.

Solo
October 17, 2005, 09:51 PM
Isn't pushing taxes a form of regulation?

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