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It’s Not So Funny Now

May 15, 2013 by tooldtowork Leave a Comment

Back when the US Congress was debating the Affordable Care Act (aka Obamacare) a lot of us complained that it would mix the efficiency of FEMA with the compassion of the IRS.

That turns out to be not so funny now that the law has been passed and is starting to take effect. It turns out that the Internal Revenue Service will be the main enforcement and implementation agency for the act.

Which at the time I pointed out was not about health care or controlling costs, but was about control.

Byron York: IRS scandal raises fears about enforcing Obamacare

The IRS is critical to Obamacare. The structure created by the Affordable Care Act requires the government to know about both the health care coverage (or lack of it) and the financial resources of every American. The IRS, which already knows the latter, was the only agency with the reach to do the job.

 

A look at the text of the health care law reveals that much of it consists of amending the Internal Revenue Code to give the IRS more power. When Obamacare goes fully into effect in January, every American will have to prove to the IRS that he or she has “qualifying” health coverage, meaning coverage with a list of features approved by Health and Human Services Secretary Kathleen Sebelius. That will be done by submitting a document to the IRS, something like a W-2, to confirm coverage.

 

The IRS will also decide who is, and who is not, eligible for Obamacare’s subsidies. The law authorizes the IRS to share confidential taxpayer information with the Department of Health and Human Services for the purpose of determining those subsidies. And since subsidies don’t just apply to a relatively small number of the nation’s poorest citizens — under the law, they can go to a family of four with a household income of nearly $90,000 — they will affect a huge segment of the population.

So now, the federal government will be in your business, literally. The IRS will have a tremendous amount of control over our lives on a daily basis.

In addition, the IRS will keep track of even the smallest changes in Americans’ financial condition. Did you get a raise recently? You’ll need to notify the IRS; it might affect your subsidy status. Have your hours been reduced at work? Notify the IRS. Change jobs? Same.

All of this will be monitored and controlled by an agency that admitted on Friday that some of it’s employees probably violated federal law by selecting who to audit based on political affiliations and leanings. An amazing number of individuals and organizations that were critical of the current Administration and government operations were selected for audits or had their applications for designation as non profit organizations delayed while others were quickly approved. No one yet knows how far up into the Administration this scandal goes, but it clearly is much higher than a few low level employees at a local office in Ohio.

I don’t know about you, but I’m very nervous about how this supposed healthcare law is going to unfold. The opportunities for corruption and political abuse are far too great for any agency of the government to be entrusted with. This goes beyond the current Administration because once this President is gone, the law will still be there. I see this in the same light as I do the PATRIOT Act. Or the RICO statute. They are all broadly sweeping laws that give federal authorities a lot of power with little oversight. We’re seeing that now as both RICO and the PATRIOT Act are being used in ways that the people who wrote it, voted for, and signed it, never foresaw. Broad, sweeping laws designed to deal with a “crisis” stay on forever and are used in ways never intended when they were passed.

I see no reason to believe that the Affordable Care Act will be one bit different.

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Filed Under: Civil Rights, Politics, Politics of Medicine

Home

May 6, 2013 by tooldtowork 1 Comment

A great trip. I met a lot of interesting people, including some bloggers that I hadn’t heard of before. I got to see some nice products, bought a few, and hopefully will get to review a couple more in the near future.
It’s going to take me a day or so to get caught up, but then look for some new posts. Maybe even one or two with EMS in them.

Oh, if you were watching any media conference of the NRA Annual Meetings and heard reference to more than six protestors, they were lies. Six was the maximum and that was on Friday. By Sunday it was down to four. One attractive young woman spinning a Hula Hoop around her hips and carrying a sign. Another was a guy dress like Cookie Monster. The other two were dressed normally, but held up the typical signs. There were more people watching them than there were protestors. There was even more media watching them than there were protestors.

No gave an official estimate of attendance, but I heard that over the three days that the exhibit hall was open about 80,000 people walked through. It sure seemed like it on Saturday as the hall was packed and it was a chore just to move from exhibit to exhibit.

More later, as I said.

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Filed Under: Civil Rights, Firearms

The Most Popular Rifle In America

May 4, 2013 by tooldtowork Leave a Comment

It might be the Ruger 10/22, but I don’t think so. After spending the better part of two days walking the exhibit hall floor here at the NRA Meetings and Exposition, I’m convinced that it’s the AR platform. The original was adopted by the US Army first adopted it in 1963. That’s right, 50 years ago. At first there were problems with the weapon, but they were resolved and after that the platform worked reliably. Since then other variations of the gun have been adopted, but the basic platform is still the same. There doesn’t appear to be a plan to replace it for most soldiers in the near future.

Among gun enthusiasts there are still highly esoteric debates about it’s effectiveness, reliability, cost, design, and everything else you can think of. None of which has stopped millions of gun owners from buying them. In fact I know people who have several different variations. They have target, hunting, self defense versions. Walking the exhibit hall floor I was just amazed by the number of companies offering AR platform rifles. That was only outnumbered by the number of companies offering sights, triggers, barrels, fore ends, magazines, bolt carrier groups, and every part you can think of.

Which brings me to the point of this post. The AR platform is a just that, a platform that owners can build into almost endless varieties of rifle. I’m going to hazard a guess that most are built to fire the 5.56 or 223 caliber round, they are also made in .308, 7.62×39, 6.8mm, and even a cross bow upper is available.

Which means that this platform is going to be around for a long time. It’s popular for target shooting, plinking, varmint hunting, deer hunting, hog hunting, and of course self defense. Id politicians do nothing more than rile up the base of AR platform owners, then any attempt to “ban” or regulate “assault weapons” is doomed to fail.

My daughter in law knows very little about firearms. She’s shot with me once and shot with my son a couple of times. She doesn’t think about guns that much, but she recently told my son she wants an AR around the house for protection. So do a number of her friends. They all understand that in the end, it’s up to each person to protect themselves and their families.

I think gun control is doomed.

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Filed Under: Civil Rights, Everything Else

In The Press Room

May 3, 2013 by tooldtowork Leave a Comment

So, here I am sitting in the press room at the NRA Annual Meetings. I’ll say from the outset that the NRA is very friendly to the “new media”. After all, they’re giving me press credentials. Maybe I should say that they have a sense of humor because they gave me press credentials. To my right is OldNFO, to his right is Ambulance Driver. Two bloggers I read every day. Wandering through are Nancy from “Excels at Nothing”, JayG, We’erd Beard, Jennifer from In Jennifer’s Head, and a bunch of others who write much better than I do.

I’m kind of in Fan Boi territory here, but I’ll try not to show it. I think AD is writing a post about dinner last night, so I’ll just tell you to head over there and read it, but I’ll tell you this much about that. I sat across from Law Dog and Phlegmfatale and next to a bunch of people we I’d never met in person. As we were eating we were talking about this and that and we started talking about Phlegmfatale’s surgery. One of the other folks at the table made fake gacking sounds and I apologized for being so graphic. My EMS readers know how that goes. No apology necessary, because he’s a EMS helicopter pilot and has heard these conversations before. Once again the small world of EMS strikes.

Which brought us to the ever popular EMS topic of smells and what to do about them.

Do we have great dinner conversations or what?

Back to the NRA Meetings. The place is packed. The media says that “up to” 10,000 people are expected and that seems maybe a tad conservative to me. For the record I didn’t fly into George Bush Intercontinental Airport, so I missed that excitement. While it’s in the media here in Houston, it’s not dominating the coverage as it would in other cities. Just one more misguided individual getting his 15 seconds of fame.

There are supposed to be some “protesters” outside somewhere, but we didn’t see them.

Now, it’s off to the exhibit hall to look, ask silly questions, and try not to drool on the shiny toys.

Feel free to comment if there is anything in particular you want me to investigate. Seriously.

 

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Filed Under: Civil Rights, Firearms

There Is An Old Saying

April 28, 2013 by tooldtowork 1 Comment

It’s the one about closing the barn door after the horse has escaped. I’m sure you’ve heard of it, but apparently the Commissioner of the New York City Police Department hasn’t. If he had, he wouldn’t be pushing this bull shit.

Saying Privacy Is ‘Off the Table,’ NYC Police Commissioner Demands More Surveillance Cameras

From the Department of Never Let a Serious Crisis Go to Waste comes word that New York City Police Commissioner Ray Kelly thinks that now is a great time to install even more surveillance cameras hither and yon around the Big Apple. After the Boston Marathon bombing, the Tsarnaev brothers were famously captured on security camera footage and thereby identified. That just may soften up Americans to the idea of the all-seeing glass eye. “I think the privacy issue has really been taken off the table,” Kelly gloats.

The problem for Kelly is that the cameras didn’t do what we’ve all been told that they were intended to do. After 9/11 and based on what was going on in London at the time greater surveillance in public areas was sold to the public as a means to prevent further attacks. Almost every square inch of London is covered by cameras and has been for years. The only role that they played after the 2007 London Underground bombings was to identify the bombers.

As the articles points out, it was video footage taken by cameras owned by private companies, not the government, that helped to identify the bombers. I don’t have a problem if private businesses record who comes on to their property, but I do have a problem with constant surveillance of people’s movements in public by the government. I have a bigger problem with the government spending my tax dollars to fund the equipment, especially if the government is lying about what they can do to prevent crimes or acts of terror.

Of course in some cities, those private institutions have been strong armed by the government into allowing “sharing” of their private property. I have a much bigger problem with this, and I think that at some point in time, this issue will go before the federal courts.

There are certainly things that the government can do that might prevent terror attacks in major (or minor) cities. One that comes to mind is actually vetting the people who come into the country in the first place. But no, we can’t do that, it would be discriminatory or something. It’s far better to not only let potential enemies into the country, but to support them and shower them with the largesse of taxpaying public. Maybe in gratitude, they’ll only use sensitive, smaller, bombs that won’t kill as many infidels.

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Filed Under: Civil Rights, The War Against Fundamentalist Islam

I Have A Zero Tolerance Policy

April 19, 2013 by tooldtowork 2 Comments

For morons, that is. This school system and police department deserve everything they are likely to get.

 

8th grade student suspended, arrested over gun t-shirt

It was the image of a gun printed on Jared’s t-shirt that sparked a dispute between a Logan Middle School teacher and Jared, that ended with Jared suspended, arrested and facing two charges, obstruction and disturbing the education process, on his otherwise spotless record.

I imagine that lawyers will soon be involved, charges will be dropped, and an apology issued. No doubt the Superintendent of schools will deeply regret what happened and they will be reviewing their policies. Which is only the start of what should happen. A teacher should be fired, a police officer should be reprimanded, and a check should be written.

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Filed Under: Civil Rights

Better Than “Obamaphones”

April 12, 2013 by tooldtowork Leave a Comment

Free shotguns for single women, homeowners in Arizona, Texas

TUCSON, Ariz. – A campaign promising free shotguns for people to protect themselves in this Arizona city has divided some residents in a community still reeling from a shooting rampage in 2011 that killed six people, left a congresswoman and several others wounded, and made Tucson a symbol of gun violence in America.

The Armed Citizen Project is part of a national campaign to give shotguns to single women and homeowners in the nation’s crime-ridden neighbourhoods, an effort that comes amid a national debate on gun control after mass shootings in Arizona, Colorado and Connecticut.

While towns in Idaho, Utah, Virginia and Pennsylvania have debated ordinances recommending gun ownership, the gun giveaway effort appears to be the first of its kind.

“If you are not willing to protect the citizens of Tucson, someone is going to do it, why not me? Why not have armed citizens protecting themselves,” said Shaun McClusky, a real estate agent who plans to start handing out shotguns by May.sda

 

The link says something about guns for single women, but I don’t see that referenced in the text of the article. Interesting concept and an interesting experiment.

Oh, and it has typical media misinformation about guns and crime.

Research has produced inconclusive results on whether defensive gun use lowers crime. Some research suggests guns result in more suicides and accidental deaths, while other studies have shown criminals are wary of gun owners.

Interestingly, every state that has loosened it’s restrictions on firearms has seen a drop in crime, while every state that has tightened it’s restrictions has seen a rise in crime. I direct my readers to the research of Gary Kleck and John Lott. Oh, the suicide and accidental death statistics regard handgun use, not shotguns. But let’s not let pesky facts get in the way of the narrative.


“People don’t want to confront an armed person at home,” said Garen J. Wintemute, director of the University of California, Davis Violence Prevention Research Program. “But, separately, there is solid evidence that in communities with higher rates of gun ownership, burglary rates are up, not down, and that’s because guns are hot loot.”

Wintemute said it’s likely the risk of violence in the home participating in the gun giveaway will go up.

Please cite your “solid evidence” Dr. Wintemute. If you have any, which I doubt. Your speculation about violence in homes participating in the program is just that, speculation. Wintemute is a gun control proponent, so his pronouncements should be viewed in that light.

Of course no article would be complete without the obligatory stupid comments by politicians and “activists”.


“Just like any other city in Arizona and in the nation we have our issues, but it is not crime-ridden,” said Vice Mayor Regina Romero. “I would never say you have to carry a gun or you have to be afraid for your life.”

Of course you wouldn’t say that, it’s the rare politician that would. Keep denying that there is crime in your town. Besides, it’s the fault of outsiders, not people who live in the town, right?


“We could take that $400 per shotgun and give it to these people so they could go buy groceries, pay rent, pay their utility bills, something useful,” said neighbourhood association president Cindy Ayala. “Vigilantism is not the answer.”

Exactly how would any of that reduce crime? Oh, I forgot you only want free stuff, you don’t give a shit about the people who live their.

It will be interesting to see how this program works out. I only have one tip. Don’t ask Joe Biden to help doing the training, it won’t do anything but help get people arrested for being as stupid as he is.

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Filed Under: Civil Rights, Firearms, Politics, Self Defense

Needless

April 5, 2013 by tooldtowork Leave a Comment

Holmes’ doctor warned police before Colo. theater attack

A University of Colorado psychiatrist told campus police a month before the Aurora movie theater attack that James Holmes had homicidal thoughts and was a public danger, according to records unsealed Thursday.

Lynne Fenton, a psychiatrist at the Denver campus, told police that Holmes had also “threatened and harassed her via email/text messages” in June 2012. He is standing trial for the July 20 shooting rampage that killed 12 and injured 70 during a midnight premiere of the latest Batman movie.

What I’d like to know is why the campus police didn’t follow up on this. Obviously the doctor was concerned enough that Holmes might actually be planning an attack to notify them. At the very least, they should have interviewed him and notified the municipal police.

This is exactly the sort of thing that any new laws should be intended to fix. Once again fixating on banning inanimate objects will do nothing to stop crime of any sort.

The implement is not the weapon, it’s the mind of the criminal.

Mens rea.

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Filed Under: Civil Rights, Firearms

The Law Of Unintended Consequences

April 1, 2013 by tooldtowork 1 Comment

Literally. Maybe.

Gun-rights expert call local challenge to SAFE Act ‘significant’

WASHINGTON – In the marble-columned courthouse where five Supreme Court justices ruled that American citizens have the right to keep and bear arms, the gun-control law that Gov. Andrew M. Cuomo calls the SAFE Act could one day find itself in grave danger.

The federal lawsuit filed in Buffalo earlier this month raises serious constitutional questions about several of the new law’s provisions, according to legal scholars who specialize in studying the Second Amendment – which guarantees gun rights – and who are familiar with the New York measure.

Most notably, legal scholars said, the Buffalo case might be the one in which the court determines whether the Second Amendment gives people the right to own the kind of assault weapons and high-capacity ammunition clips that the SAFE Act seeks to ban.

This case has a long way to go and a lot can happen between now and the time it might be heard by the Supreme Court. Among other things, the composition of the Court could change, which shouldn’t effect the legal decision, but we know that it does. Even at that, this could be a decision that settles a number of questions left by the previous Heller and McDonald decisions.

None of which would be at all what the Governor and possible 2016 Presidential candidate had in mind when he and the legislature in New York rushed to get any law passed.

We’ll know in about five years or so, I guess.

 

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Filed Under: Civil Rights, Firearms

HUH?

March 30, 2013 by tooldtowork 3 Comments

Prosecutors, judges ignore federal ruling against state concealed carry ban

Despite a federal ruling that Illinois’ concealed carry ban is unconstitutional, police, prosecutors and judges alike say they are disregarding the finding and continuing to enforce the law — at least for now.

Police say they continue to arrest those who violate the state’s ban on carrying a gun in public, and prosecutors continue to charge them. Backing up the authorities — but perhaps creating more confusion — a state court ruled last week that the federal decision is not binding on Illinois courts and upheld the nation’s last concealed carry ban as constitutional.

Let me put in the obligatory “I am not a lawyer” disclaimer. Neither have I ever played one on TV (I did one play an EMT on TV), nor have I recently slept at a Holiday Inn Express.

That being said, this sort of boggles my mind. A Federal Circuit Court of Appeals has ruled that a state law in Illinois violates the Constitution of the United States of America. Said State of Illinois is located within the United States of America. Yet state judges and other officials say that they are free to ignore the ruling of said Federal Circuit Court of Appeals.

Although the several states are not mere political subdivisions of the federal government, nor should they be, there are cases where the states must per force of law defer to various federal laws, rules, and regulations. Most of which have not been adjudicated by the Supreme Court of the United States of America. The article is a must read. I’ll only quote one more part of it for your consideration,

Ronald Allen, a professor of constitutional law at Northwestern University, said federal courts clearly have the authority to declare laws unconstitutional within their jurisdictions.

If the General Assembly doesn’t act by June 8, anyone convicted under relevant circumstances could likely get his or her conviction overturned in federal court, he said, though it might take years.

“If the Supreme Court doesn’t take the case,” Allen said, “those (prosecutions) won’t go anywhere.”

Other aspects of the law, Allen noted, such as prohibitions against felons having weapons, would remain in effect.

Aziz Huq, assistant professor of law at the University of Chicago, said the confusion arises from having two parallel court systems that in this case did not give each other their usual deference. While the federal ruling doesn’t bind state courts, he said, it does affect police and prosecutors who could be held in contempt for violating the ruling.

 

It would seem to me that if police and prosecutors ignore the court ruling and continue to arrest and prosecute people under this state law, then they are not only violating a federal court order, but are engaging in a conspiracy to do so. The criminal and civil ramifications could be quite severe for them. Not to mention the financial ones.

Again, I’m not a lawyer, let alone a professor of law, but it would seem to me that a state judge who ignores a federal court order could end up explaining his reasoning to a federal judge.

At the very least, some lawyers are going to make handsome sums of money.

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Filed Under: Civil Rights, Firearms
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