Monthly Archives: April 2016

04.15.16
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Sandy Hook Ruling Uproar

So many people I know are upset about a ruling handed down yesterday by Superior Court Judge Barbara Bellis concerning the Sandy Hook Elementary School shootings back in 2012.

“Lawyers for Remington Arms sought to dismiss the lawsuit, arguing that the federal law shields gun manufacturers from most lawsuits over criminal use of their products. They said Congress passed the Protection of Lawful Commerce in Arms Act after determining such lawsuits were an abuse of the legal system.

Judge Bellis ruled Thursday that argument would be best made in a motion later in the process and is not grounds to dismiss the lawsuit.”

The ruling by Judge Bellis only allows for the plaintiffs to begin a “discovery” process which means that they can request company documents and subpoena company officials for testimony.  Remington can still have the case dismissed if plaintiffs have not shown cause exists with these preliminary documents.

I have no opinion, due to lack of information, as to whether or not this lawsuit should go to trial.  My opinion is that I believe allowing discovery is in the best interests of the common working individual.

Whether you agree or disagree with my opinion, the background which I’ll provide about my opinion may even save someone’s life if they happen to own one of the defective Remington rifles.

I know some will stop reading and dismiss the rest.  Even those who know me might stop and say this boy has lost his mind up in DC.  I do have an agenda.  It is to illustrate how media and pundits slant for their audiences and for dollars by spinning or over simplifying.  I just prefer some context and to look at what the actual costs, precedent, or documentation is from primary sources.

Now I understand the arguments of not fair, cost, and cans of worms with the ruling, but look at the recent history of Remington.  In 2014 Remington agreed to replace the trigger on approximately 7.5 million guns.  Among those were the Model 700 bolt-action rifle, the Seven, Sportsman 78, 673, 710, 715, 770, 600, 660, XP-100, 721, 722, and 725 rifles.

I suggest you use your own search engines and preferred sources of information to learn about why Remington made this decision.  No matter your preferred source, I encourage everyone to view the 10 or so minute clip from CNBC linked below concerning their investigation.

http://www.cnbc.com/remington-under-fire/

There seems little discrepancy in these facts regardless of source consulted.

Debris could get inside the “trigger connector” and cause other parts of the trigger to become misaligned, rendering the gun unsafe.  According to documents obtained through discovery, Remington had been aware since at least 1971 that the Walker Fire Control System can cause the weapons to fire without a trigger pull. Per the claims, the Model 700 can fire upon release of the safety, when the main bolt is moved, or when the gun is jarred or bumped.  The same potential problem existed with the X-Mark Pro triggers.

In 1989 Remington engineers and lawyers met to discuss the problem, but they did not make any design changes out of fear that doing so would be an admission of guilt in various lawsuits filed in the 1970s and 80s.

It was a sad truth that a Remington with a defective Walker Fire Control System just lying on table could unintentionally fire a round.  Even so in the year 2010 Remington issued an official statement that these triggers were free from defects even after their own internal testing duplicated the unintentional firings that had been alleged.

It was not until 11 April 2014 that Remington issued a recall of rifles with X-Mark Pro triggers manufactured between 2006 and 2014.  That happened following the investigation by CNBC.

Now some will argue that this past history has nothing to do with the present case referenced in the FOX article many of my friends are sharing.  Perhaps it doesn’t but I still think that the plaintiffs should be allowed discovery before a dismissal.

We all know that frivolous lawsuits are much too common, and hopefully y’all are different but I can only name 1 attorney who I truly respect as both a person and professional.  Still I think all manufacturers regardless of product should be treated more or less equally.

They were until 2005 when Congress passed PLCAA or what became 15 U.S. Code § 7901 which protects firearms dealers and manufacturers in ways that no other manufacturer or dealer is protected.

Consider that if automobile manufacturers had the same protections afforded to gun manufacturers then devices such as airbags, crumple zones, and other passive or active safety options such as traction control would not exist today in all likelihood.  That’s speculation, but the NRA and gun lobby attack which devalued Smith and Wesson and almost ruined the company in 2000 is proof that a single company cannot take on the power lobbies.

Some I know argue that it is unfair because the manufacturer will waste money in court.  I’ve seen figures which range significantly, so I’m hesitant to guestimate the monetary costs passed along to consumers when certain companies are covered by Confidential Discovery Protective Orders.

If you’ve read this far, are wondering, or have never read anything else I have written about firearms, I think most gun fears are unreasonable on both extremes.  A gun is just a tool.  Used correctly it is good, but when used carelessly or for a wrongful purpose the consequences can be devastating.  Too much gun is just as dangerous as too little gun, and it takes different skillsets to handle different guns.  It’s a similar difference from driving a little car, a truck pulling a trailer, and an 18 wheeler.

Still nobody is confiscating personal weapons.  Statistically it is impossible and if you doubt me, consider how long it would take to hand deliver a $1 bill to 500 households.  How much longer would it take you to collect a $1 bill from those 500 households?  Now imagine that the dollar is hidden, or the people there do not want to give up that dollar.

In terms of protection from our government, the fact is that if our government truly wanted your weapons or my weapons, we do not have enough firepower combined to stop them.  Our military could turn us into dust or vapor within seconds.

When one listens to the arguments about guns, it sounds like we have a paranoia issue of Twilight Zone proportions.  Does anyone really believe that no private usage and ownership of personal firearms existed prior to the year 2008?  That’s what Wayne LaPierre, Chris Cox, and the gun lobby claims.

The NRA-ILA has lobbied Congress and successfully banned more types of guns than the Obama White House via Executive Orders, Actions, or Memoranda.  Seriously, you cannot buy a .22 Armatix, and Good Lord protect you if you even think of trying to carry that gun in stock as a gun dealer just down the road from me in Rockville, MD, discovered.  You cannot manufacture firearms using new technology or newly developed materials.  3D technology and printing works and is advancing, but it is not in the financial interest of the gun lobby for consumers to have alternatives.

Things are so ridiculous today that if someone as a parent confiscates a rifle or shotgun from their 16-year-old child because that child was doing something unsafe, the parent may be prosecuted and most certainly labeled as anti Bill of Rights.  To me that’s just as ridiculous as arguing that the same 16 year old is not capable of handling a rifle, shotgun, hacksaw, or even a basic chainsaw safely and responsibly.

I do not support denying discovery before any complaint is made.  FOX News has discredited itself once more with such shoddy appealing to the lowest common denominator reporting.

I just fail to understand the arguments to treat gun manufacturers and dealers less stringently than others.

If you watched that short clip, what did little Gus Barber, his Dad, or his Mom do wrong?  In that case give me any reason not to blame the gun manufacturer, Remington, for continuing to sell a firearm when their own tests confirmed earlier allegations of a dangerous design.

Correct nothing can restore that lost life, but shouldn’t we want to limit the possibility of other lives being lost?

Are we that blasted callous?

I admit that I think you’re right if your argument is that Sandy Hook happened because some sick, deranged, SOB, wanted to murder a bunch of innocent people and most likely had nothing at all to do with Remington.  Many other weapons would have resulted in the same tragic outcome.

Even without Remington’s background in terms of safety, I think the survivors of the victims should have the right to see communications within the company about the incident.

Why, because if a drunken idiot drove a car into a group of people killing several, we have the right to review safety records of that car.   That drunken idiot is to blame, but we may discover that some alteration or safety device in the vehicle may be able to at minimum limit the amount of people killed in another situation.  That’s why many people my age never learned to “pump the brakes” on the first new cars or trucks we bought because everything had anti-lock brakes by that time.

Why are gun manufacturers and dealers alone placed upon this protective little pedestal?  I don’t know but sadly I think that many I know are grateful that gun manufacturers and dealers have more protections than say they themselves do selling a strawberry at the farmers’ market, doing some plumbing or electrical work in a home, or building a piece of furniture.

Why?  I really haven’t a clue, but I reckon the Good Lord knows that none of us survived past the year 2005 when this protection went into force.  Good Lord knows that none of us could own or carry a firearm before the year 2008.

Folks, it is the year 2016, and if you’re reading this or currently speaking with me then you or in some cases because of your age then your Mom and Dad survived after 2005 and 2008 just like me.

04.10.16
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How a local school becomes lost

I’m sad for Albany and Springfield today along with the Hungarian Settlement between the two schools.

Today there was an election in both areas of Livingston Parish to increase the millage rates for ad valorem taxes dedicated to the respective schools.  In Springfield the proposal was to build a new high school.  In Albany it was to build a new elementary school.  Neither area has paid ad valorem taxes dedicated to schools for the past four (4) years.  The new millage proposals would have resulted in a significant property tax increase for some.

Both proposals failed, but that is not why I’m sad.

I’m sad because of the lies, disdain, condemnation, jealousy, selfishness, and hate.

Me personally, I cannot offer a learned opinion as to whether or not new elementary or high school buildings are needed.  Why?  Because even though I did enjoy a girls’ basketball game during my brief trip back in January and pointed out the state championship banners to a distinguished academic and internationally known physicist who flew down from DC with me for a conference presentation in New Orleans, I did not evaluate any facilities.  Heck I cannot tell you what grades are at the old high school building or at the old elementary school.  I only recall being at the junior high campus once and that was to help judge a social studies fair and to talk to some students  with a watered down version of my “History in Your Backyard” presentation that I once delivered to a number of communities.

Down in Springfield, I know I attended a playoff game years ago there between Albany and Newman.  I remember Archie Manning signing autographs on torn paper cups, but I don’t remember if Peyton played on that basketball team or if it was Eli (it may have been Cooper).  I may have driven past the school on many occasions since including back in January, but I do not recall being on campus since.

Admittedly my gut feeling is that a need exists for the new and additional campuses.  It’s not because of the age of the structures or the fact that a good portion of maintenance over the years has utilized the donated labor of students, teachers, administrators, and members of the community.  Money came from donations along with school and community fundraisers because tax dollars never seemed to be enough.

My gut feeling is that new and additional campuses are needed because the area has grown in development and population.  Get off at ole Exit 32 and head north and it looks like you got off the interstate in freakin’ Walker or Denham Springs, and that impression has nothing to do with the removal of the cattle guard.  Such development has its positive aspects, but admittedly I’m a bit nostalgic for the way things were.

Still I’m sad today not because of the past, and I really don’t care if anyone favors or opposes the millages on the respective ballots.  They do increase the tax burden for many.  Regardless of vote here, this burden will increase for all due to the state’s budget disaster.  Blame the new governor all you want, but that blame should be directed to his time as a state legislator.  His votes at that time aren’t the issue.  The issue is that he along with 143 other people were members of a body elected to represent the people while Bobby and his minions dismantled and devoured the state like boll weevils in a cotton field.

Opponents can spout welfare, Obama, and all these other reasons, but remember that thanks to Bobby and the “trickle down” mantra your state tax dollars paid $2.7 million of the $9 million Tom Cruise made in salary to film a movie.  Your state taxes paid Valero $10 million to create a total of 43 jobs in Norco.  Your parish tax dollars help subsidize Bass Pro and who knows how many Wally Worlds.  Yes these businesses have jobs, but are they the same pay and benefits an employee earned at a local Mom and Pop?  Yes these businesses bring in outside business, but do the financials offset the breaks?  What happened to the local and Mom and Pop businesses who did not receive the tax credits given to these giant chains?

Combine all the free loaders in the state, and they take significantly less than what is doled out in “corporate welfare” at the upper rungs of the economic ladder.  Blame Obama and the Democrats at the federal level but realize that Louisiana is one of the states that receive far more in federal assistance than it pays in federal taxes.  My current neighbors see our federal taxes subsidize people of Louisiana, both working and the so-called free loaders, and many people I know in Louisiana have more money saved and buying power than we do because of the cost of living differences.

It boils the bile in my gut, and I want to explode in anger because when I hear Members of Congress talking about “lazy good-for-nothing” people living off the hard work of others, they aren’t talking about the people I labeled as “takers” back home.  They are talking about the hardworking honest people who bust their tails to put food on the table for their families; people like my Dad and Albany and Springfield classmates.  That’s bull@#$^, but it’s a fact of national politics.

Now why did I type “lies, disdain, condemnation, jealousy, selfishness, and hate?”

The amounts some claim that these ad valorem taxes will increase property taxes are insane and flat out lies.  This is a millage spike, especially considering that neither community has paid ad valorem taxes for schools in the past 4 years and rates before that were artificially low.  Still why lie about the amount?  If it’s an honest mistake on your part, I think that’s an argument in favor of both school millage increases.

I typed disdain and condemnation because it’s always someone else’s fault.  They claim that teachers aren’t doing their jobs.  Well in some respects that is true but they aren’t doing their jobs as teachers because they are forced to spend time trying to parent the students.  Some even want teachers to be the religious instructors as well even though these same people contend those teachers aren’t doing their jobs.

Folks I have yet to confront anything strong enough to kick God out of anything.  Now I think it’s possible not to let God in, but once God is there it’s the people who leave.  Nothing has ever prevented me from praying or worshipping whenever I choose.  My reason to pray or worship is not for others to see me in the act; it’s because I feel the need; have the desire; and have the hope and responsibility that my body of work as a whole will help and inspire others to treat others as neighbors and equals.  It’s not easy being the only person who looks different or believes differently than the thousand in the same area, but at times it is necessary.

Jealousy and selfishness because some are arguing well I have more property and will pay more than you so your opinion is worth less than mine.  Some propose why should I pay for others who will pay less or nothing.  It’s a dog eat dog world, survival of the fittest.  Start building levies then higher than the sky because if your small pond overflows or if something breaches your levy and you find yourself in a larger pond, remember that your survival of the fittest still applies.

Just because something was good enough for you or me doesn’t mean that others should have the same ceilings or be faced with the same limitations.  What if the residents say 25 years ago had not paid millages in the 80 range?  What if they had received that 4 year break of zero ad valorem taxes for schools?  Heck what if they had only agreed to pay initial rates below 50?

Hate is a strong word and perhaps unjust, but why didn’t people castigating those supporting these proposals now bring up their concerns back at the school board meetings?  If they were uninformed about what was happening, perhaps they don’t have enough knowledge or desire to learn enough to make them qualified to discuss the matter.  That’s why lies and innuendo are necessary to bolster their position.  It takes work to develop alternative measures, and just like national politics even locals are discovering that it’s much easier to just blame someone else, complain, wait for someone else to fix things, and find fault no matter what.

I’ve seen some well thought out reasons to vote NO.  Some of those I personally would not consider valid, but I certainly respect them because they are facts and honest assessments.  I can say the same about voting YES.  Some I consider as valid arguments and others are not convincing to me.

I do not have a vote.  Honestly I’m glad because I do not have enough information to make what I consider an informed choice.  I can say, however, that if I were vehemently opposed I would have been speaking out at the school board meetings prior to the election.  I’d bombard them with a narrative much longer this post, and I would have at minimum triple the amount of citations to the current codes, historical data, and comparative analyses.  That’s an ole fashioned approach, and it takes both knowledge and effort.

My opinion is that this election is sad result from many perspectives including the influence of inaccurate information, some possibly malicious in origin, but disheartening because of an apparent lack of knowledge of Louisiana constitutional law and Parish governance.  STEM disciplines are needed and should be stressed.  Many fulfilling and necessary vocations require skills and knowledge that are acquired in manners other than higher education.  Degrees do not equate success and multiple paths exist to careers to provide for one’s family and to be vital parts of a community.  Disciplines within Humanities and Social Sciences are often discredited for a lack of job specific training, but even rudimentary knowledge in fields such as history and political science would have minimized the effects of the misrepresentations and votes based upon false fears because the system has already negated that possibility.  Fields of sociology, art, languages, music, all help us to communicate which even with technology often seems a lost art today.

I’m not “friends” on social media with the people former classmates told me were some of the most vocal in opposition.  I do recognize the families because of last names, but most of these people I do not know personally.  Some screenshots sent to me, however, illustrate why we need to emphasize education in the Humanities and Social Sciences because many of those vehemently opposed had no clue about where to find election results before the late night local news out of either Baton Rouge or New Orleans.

I no longer reside in the area so I’m not qualified to offer learned opinions as to whether or not the new construction in both Albany and Springfield was in fact needed.  I’m just thankful that during my public schooling members of the community were willing to approve even higher millage rates dedicated to the schools than the amounts proposed on this ballot.  Thank you to people like Ms. Nancy and Mr. Russell, Mr. Jessie (RIP), my Mom (RIP), Uncle (RIP), who may have not been official teachers but gave and sacrificed for community, school, and we students because they wanted better for us than they had.

It’s funny to current colleagues how I can relate grades K through 12 as Ms. Mary through her brother Coach; principals along that path being Mr. Johnny, Mr. Gerald, and Mr. P; caring teachers too numerous to name without unintentionally leaving off some who influenced me well beyond the classroom.  Funny because despite degrees later earned, I still begin answering the question of where did I go to school by saying Albany regardless of my residence at the time or if the person asking answers the same question with a place like Doyle or Live Oak or today when their answer is usually Johns Hopkins, Harvard, Emory, or Duke.  See I was blessed to attend a community centered public school.

If it’s easy enough to just point a finger at someone, then it won’t be long or take much for someone to be pointing a finger back.  They were them right up until the point that we became one of them and then they and we were us.

04.03.16
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Jindal ‘gold standard of ethics’ included selling his book to his Super PAC and pocketing the money, sources reveal — Louisiana Voice

Jindal ‘gold standard of ethics’ included selling his book to his Super PAC and pocketing the money, sources reveal

For those who may have forgotten or if the eighties were before your time, there was a Speaker of the U.S. House named Jim Wright, a Texas Democrat who was forced to resign his speakership—and Congress—over a questionable book deal that allowed him to circumvent federal campaign finance laws. http://www.nytimes.com/1988/06/12/us/behind-jim-wright-s-book-his-friends.html?pagewanted=2 That was in 1988. Six […]

via Jindal ‘gold standard of ethics’ included selling his book to his Super PAC and pocketing the money, sources reveal — Louisiana Voice

 

While the story above by Tom Aswell at Louisiana Voice which I’m reblogging is not related directly to my opinion that Super PACs and 501(c)(4) groups should be broken up, this Jindal escapade is another example how these groups profit certain individuals financially and infringe upon 1st Amendment rights along with those rights as incorporated under the 14 Amendment for the majority of Americans.  When individuals or groups can for all intents and purposes rent or buy a candidate and even do so anonymously, what happens to the representation of the less affluential?

Yes, I have heard what seems as many times as Carter has liver pills that the Supreme Court has ruled.  My response is that yes SCOTUS did rule, and I accept that decision as law but SCOTUS has also ruled on cases where you or perhaps we may not agree and those decisions are law as well.  We cannot pick and choose, and my hope is that a new case will come before the court that eliminates Super PACs and recognizes 501(c)(4) groups as 527 organizations.  Admittedly those changes do not “fix” the extreme monetary influence enjoyed by specific individuals, but at least those donating huge sums will have their identities known.  Sure establish an arbitrary amount where donations can be made anonymously, but anything beyond that amount needs to be disclosed.  The working class individual and retiree of that rung do have legitimate fears of retribution if donating to an individual or cause that his or her supervisors disagree.  I do not believe those willing to give 6, 7, and 8 figures face those same threats.  Essentially we have investments in a politician which have better return potential than investing in infrastructure.

In reference to the books, my opinion is that Jindal is not the first, the only, or the last to engage in such practices.  Clear enough brush back home, and you will find rats and other vermin.  You really need to be on guard for a copperhead or cottonmouth because they are present and deadly.  Personally on the farm I came across my fair share of yellow jackets as well.

My belief is that this article is important.  I’m less concerned about the big donors, but I think that those individuals who donate in amounts of $10, $20, and the like need to understand that more and more in today’s politics that donation is not so much for a cause or an idea.  It’s similar to what we term as corporate welfare except that big dollars created from numbers of those small contributions often go directly to the candidate who can in turn try to buy influence if he or she has not been successful at the ballot boxes.  If they get elected, their ear has often been rented or bought which is why I think public should know who pulls the strings.  The IRS Targeting Scandal issue for me is why isn’t every group applying for that 501(c)(4) status scrutinized even more thoroughly than the those supposedly targeted.  It makes no difference to me if the group is left or right.  I’m frightened by anonymous or dark money, and as I’ll continue to assert “politics ain’t no charity.”

Disclaimer:   I am aware of the conflict between Tom Aswell here and Lamar White, Jr., at CenLamar.  I do not know any specifics, and thus am not taking any sides.  I respect the work of both and encourage them to discuss any issues amongst themselves as the well intentioned professionals both are.  Unlike some disputes, I believe in the credibility of both of these blogs and individuals.  That’s simply my personal opinion which is all I feel qualified to offer about that matter.