III Percent Patriots: Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. ~ Thomas Jefferson

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Oct 21, 2011

Shooting range wins lawsuit with developer

This is local news for me and a big win for 2A, property rights, etc.

The plaintiff in this was a property developer out of Dallas, a dark blue city, so it will make sense to all.

The owner, defendant, is a good man who is like most of us.

I had to wait 2 weeks on the electronic edition to come online.  One of the good things about living in a small rural town.

via Polk County Enterprise

LIVINGSTON – Bear Arms shooting range and gun store reopened this week after a week of litigation in District Court concerning a claim of negligence and trespass filed by Anthony Properties Development, LP, Four Corners Properties Owners Association, and two individuals. A verdict was delivered Friday, Sept. 30 after close to eight hours of deliberation split between two days.

The jury found a preponderance of the evidence in favor of the defendants in all claims with the exception of question 1.B concerning negligence in regard to maintenance of the range. As for the design and operation of the range, the jury found that the defendants were not negligent, and that negligence on behalf of the defendants did not cause any occurrence or injury in question, or result in a trespass upon the land of the plaintiffs.

The hearing began around 9 a.m. Tuesday and lasted until Thursday afternoon with a large volume of evidence and testimony presented by both sides. The plaintiffs submitted projectiles recovered from various locations within their properties behind Bear Arms shooting range as well as sections of a tree that allegedly fell from the Phillips’ property onto the plaintiffs with projectiles lodged within as physical evidence during the trial.

There was also a video deposition of a college physics professor presented early in the trial examining mathematically the potential for various hypothetical projectiles fired from the shooting range to reach Four Corners Estates and the conditions required to achieve that outcome. A suspected bullet hole in a carport three-quarters of a mile away was also identified, but no projectile was found associated with that particular testimony.

The defense consisted mostly of testimony as to the character of the owner/ operator, James Phillips, and witnesses testifying as to the safe operation of the shooting range. The safety benefits to the community for Bear Arms’ role in teaching proper firearm use and maintenance and the distance from other fullservice shooting ranges were brought in to counter claims that the business was a public nuisance.

Defense Attorney Cecil Berg raised the question of speculation vs. fact in his closing arguments calling the body of the plaintiffs’ case speculation. A crucial part of that accusation lies in the fact that the property in question had been a hunting lease for at least 30 years, according to the defense, suggesting a higher likelihood that the projectiles found on the plaintiffs’ properties originated from sources other than the shooting range.

The plaintiff’s attorney Travis Kitchens followed with a solid review of the case brought thus far, closed with an empathetic appeal to the jury, asserting that their interpretation of the evidence presented was true.

Then began the long wait.

The jury asked questions and sent for exhibits numerous times before coming to their decision, suggesting a careful examination of the case. After the verdict was delivered, Berg commented “the State has passed legislation effective Sept. 1 that is designed to stop these kinds of lawsuits.” When asked to define “these kinds” Berg responded “those without a basis in law or fact.If this lawsuit were filed today it wouldn’t make it to trial.” 

Frank Nuchereno, President of Anthony Properties, expressed disappointment over the verdict and added that the goal of the lawsuit was not to shut down the range. “This was a complicated case and I believe many people were really not aware of our position,” said Nuchereno. “Our goal was simply to require Bear Arms to put a safety program together that will forever keep their bullets on their property.”

The Puppeteers

This what most Patriots have been saying.  Heed the warning and don't be caught flat footed.  Winter will be very cold & it's coming fast.

via Ulsterman Report

Ulsterman:  What?  Let what happen?


Most of us have known this was happening .

via Ann Barnhardt

The definitive online law library service Justia.com has been caught red-handed via web caching services as having fraudulently removed all references to the definitive "Natural Born Citizen" SCOTUS decision, Minor vs. Happersett, from it's entire library.

Link to a detailed report of this and here

New evidence conclusively establishes that 25 U.S. Supreme Court opinions were sabotaged then republished at Justia.com during the run up to the ’08 election.  My prior report documented the scrubbing of just two cases.  But last week, a third sabotaged case was discovered which led to a thorough examination of all US Supreme Court cases which cite “Minor v. Happersett” as they appeared on Justia.com between 2006 and the present.

Channeling Joesph Menegle

Looks like Herr Jerry Brown decided to channel Joseph Menegle when signed AB 499 in law  for the serfs of the Democratic Socialist State of Kalifornia.

It now appears another young girl has died because of Guardasil.

via PPJ Gazette

The fatality of a 14 year old California girl was entered into the VAERS database on August 23, 2011 – 134 days after her death in April. The latest Gardasil victim died of cardiac arrest 14 days after vaccination.  According to VAERS report # 430780 , the adolescent was vaccinated on March 28, had no other life-threatening illnesses, and received no other vaccinations.

The VAERS write up includes this statement: “Found dead in bed in a.m. by family. Pathologist stated cause of death as consistent with cardiac insufficiency, due to cardiac arrhythmia, due to probable early cardiomyopathy. Child Death Review Team felt this death was consistent with a diagnosis of sudden cardiac death.”

The untimely and sad passing of this innocent previously healthy young girl now marks the 4th death post-HPV vaccination in the state of California. Janny Stokvis, VAERS Analyst for SANE Vax Inc. who found the latest VAERS fatality also reports that there have been 1548 adverse injuries* from Gardasil and Cervarix reported in the state.

California VAERS Reports on Adverse Injuries from HPV 4 Gardasil & HPV 2 Cervarix
Life Threatening – 25
Serious            – 102
Emergency Room/Doctor Visits – 680
Hospitalization – 57
Extended Hospital Stays – 14
Did Not Recover – 249
Disabled – 46
Death – 4:  ages 14, 19, 13, 16
*1 to 10% of the vaccinated population reporting


via Global Guerrillas

As we are pulled inexorably into an era of global economic depression and political neo-feudalism, the globally sourced retail supply chains we rely upon will wilt and wither.  Many, if not most, of the local retailers and big box stores in our communities will disappear either through an inability to secure globally manufactured product (due to a plethora of factors from political instability to bankruptcy) or a lack of local demand (nobody will be able to afford it).  Local strip malls will turn into miniature ghost towns and community life will whither away as people bunker themselves in their homes waiting for the government or Wall Street to rescue them.  Unfortunately for them, that rescue won't be coming.
In contrast, retail commercial activity within resilient communities will be growing and in some cases exceeding the activity seen before the depression. The reason?  The effort these communities made in building locally viable open markets that promoted the wares of local producers.

In most cases, these open markets started as farmers markets that showcased the products of local organic farmers and gardeners.  As the economy worsened the number of farmers/gardeners selling local food increased (many  travelling from communities that didn't run a local market), flooding the market with fresh product.  With the volume increasing, local market masters (the people in charge of maintaining an open market's viability as a venture) banded together to help smooth the availability of product across different communities and establish simple quality control systems (like Agritrue).  Next, given the availability of space in the community centers as branded commercial businesses folded, these farmers markets migrated to the town centers.  Over time, the market amenities were improved and interior space was secured to allow all weather operation.

With the establishment of a thriving hub of commerce in the community center, two new innovations were possible:

First, these open markets began to include days to allow local makers to showcase their capabilities in making (to order) everything from flatware to furniture to appliances.  While some used traditional methods of craft-work (either by hand or machine) or artistic technique, most of the new makers used inexpensive CNC machines to fabricate a plethora of items locally.  People visiting on these market days where able to work directly with the maker to help select, customize or fit the design of the on-line designs for the products they were buying to order.  They were also able to help select the locally approved materials that the products were made with depending on local availability and cost.

Second, the food production system was expanded vertically to allow for the creation of processed foods.  In other words, the community added a food processing co-op that enabled commercial scale food prep, canning/storage, and professional abattoir (slaughterhouse) services.  This commercial level facility allowed local producers to radically increase the number of processed foods made available at the market (or those people in the community that just wanted to DIY lots of food for themselves and their families).   They also helped set up some larger farms/orchards on unused/foreclosed land and integrated this farming into the fabric of the community.  Soon after that, a community restaurant was opened nearby, to utilize the locally grown products and processed foods.  Entertainment was quick to follow, and most market days featured entertainers working the marketplace from when it opened until well into the night.
 In time, the open market became a vibrant hub of the resilient community's economy.

NOTE:  This is one method of approach, there will be many.  It's meant to get you thinking on ways to build a thriving local economy in your community.  There's lots more of this in "The Networked Resilient Community" book I'm working on.  Remember:  produce everything you can locally, virtualize the rest.

MIT Develops New Radar Technology: Military Could See Through Walls

Read between the lines

video platformvideo managementvideo solutionsvideo player

via ABC News
"It can be powerful during military operations especially in urban combat situations," said Charvat.

The device works by emitting frequency waves at a low-power microwave signal. That signal will hit in the direction of the target, in this case a wall. Each time a wave hits the wall only some of it is absorbed inside of the wall, a tiny portion actually gets through. Once the waves go through the wall, they propagate whatever is behind the wall and pass back through that wall and into the radar's receivers.

Only moving images can be detected, so an image such as a couch or nonmoving appliance would not show up on the monitor. Images appear as red blobs moving about the screen and it looks as the image would be away and across from the actual radar. The researchers are currently working on a detection algorithm that would convert these red blobs into a cleaner image.