RETURN

Wednesday, September 25, 2013

Aaron Alexis / Washington Navy Yard Shooting / and Gun Control


Here we go again.  It’s another horrendous shooting by a mentally unstable individual.  And, the gun control advocates awake and demand stricter laws.  This will solve or mitigate the shootings they say.

There seem to be two camps and rarely do you find someone in the middle.  Or, if they profess to be in the middle, they are quickly ‘outed’ and are off on a rant.  I suppose that I could be one of them.  But, it’s hard to sit still and bite your lip when the subject comes up; a subject in which almost everyone considers themselves an expert.

I am a current NRA member, as I have previously stated in my blog; and, admittedly, I am sometimes disappointed with said organization.  The NRA seems often incapable of using common sense.  That said, their uncompromising position generally appeals to their base, and contributes heartily to their fund raising efforts.  Nonetheless, if called upon to choose sides, I think that I would stand with the NRA.  Why?

In my opinion there are two defined sides to this gun control issue.  The NRA, when you cut through all of the rhetoric, is basically saying that we have plenty of gun control laws.  And, that we just need to enforce the ones we have.  I tend to agree with that position.  Additionally, the NRA says mental health issues far exceed gun control issues.  Furthermore, what about the incredibly violent video games that are brainwashing our children?  And, what about the violent movies that our children love to watch?  And, while we are at it, what about the breakdown in the family unit, with countless children being raised in variously fragmented and dysfunctional homes?

OK, you say; but most of those other issues are more difficult, if not impossible, to solve.  OK, I say that limiting the magazine capacity and access to assorted military-type semi-automatic guns will accomplish practically nothing.  You say, what about additional background checks on gun purchasers?  Actually, I don’t have a problem with that, but I haven’t seen the details of what has been proposed.  If I want to give a gun to my son, grandson, nephew or niece, does he or she have to have a background check?  If I want to give or sell a gun to my neighbor or friend, does he have to have a background check?  What about ‘gun shows’ you ask?  I have gone a time or two.  Most of people looked pretty normal to me.  I’ve never noticed any Hell’s Angels or Crips perusing the displays.  However, on this particular subject, I am prepared to give some ground.  If you are selling guns for profit to people you don’t know (as occurs at gun shows), then I think those sellers and buyers should have to go through the same process as is required for a retail gun seller.  That makes sense to me.  Moreover, the states should make the laws, not the Federal government.

Listen folks, don’t believe the hogwash put out by politicians.  When violence occurs, like what Aaron Alexis unleashed on the Washington Navy Yard, our politicians pick out the easy target; and with shaking geriatric hands fire off a round hoping that in some way they will not miss the broadside of the barn.  And, if they do, they hope no one will notice.  It’s the oldest story in politics; more laws, less enforcement.  Let’s placate the masses, they submit.  These political platitudes are picked up by thirty-something journalists, and insulated city folk, as timely, appropriate and unquestionably erudite.  As one of my FBI instructors used to say, “balls.”

To be continued…


True Nelson

Thursday, September 12, 2013

Milwaukie, Oregon: A Notorious Speed Trap





Yesterday, I returned to the scene – 47 mph in a 30 mph zone.  Why?  Don’t offenders always return to the scene of the crime?

Two days ago, I received a kind of formal looking letter from the Milwaukie, Oregon Police Department.  And, no, they were not asking for my assistance on a case.
 
The letter began:  “In an effort to improve traffic safety and community livability, the Milwaukie Police Department has implemented an automated speed enforcement program called photo radar to monitor vehicle speeds on streets and roadways within the city.”  They enclosed a grainy picture.  Yes, it was me.  I had a very serious look on my face, and both hands were on the steering-wheel.  In my defense, it looked like I was extremely intent on my driving.

The offense took place on McLoughlin Blvd., which was originally the old Highway 99E, two and three lanes each way.  So, it wasn’t like I was ripping through a residential area.  The fine was $160.  Wow!  The posted speed limit, going South on McLoughlin drops from 45 to 30 when you enter Milwaukie.  However, the highway in Milwaukie is not distinctively different from the highway north of or south of that city’s jurisdiction.  In other words, you’re driving along, minding your own business, and bingo you failed to note the 30 mph sign.  The Milwaukie Police photo surveillance van is waiting for you.

I’m kind of old fashioned about these issues.  This whole process is so impersonal, more focused on collecting revenue than enforcing safety.  The citation was not actually issued until five days after the alleged violation happened, and then the citation was a couple of days in the mail.  I suppose there were so many citations that it takes a while for the automated system to work.  In the ‘old days,’ the officer personally issued a ticket after listening patiently to a usually pathetic excuse from the driver.  At least there was some interaction with law enforcement, and everything was handled in a timely manner.  The officer usually commented that ‘you should have a nice day, and to please drive carefully.’  You felt reprimanded, but in a nice way.  At least I think so – depends on whether or not he had a smirk on his face when he said it.

I did sign a ‘no contest’ on the aforementioned citation and sent in my check.  How does one contest a traffic violation several days past, when he can’t remember what he had for breakfast that morning?  Surprisingly, I did have an agenda the day of the offense, and an appointment.  The time of the appointment and the appointment’s location would have made it practically impossible for me to be at the point cited in the ticket at the stated time.  However, the citation is carefully worded, indicating the time is ‘approximate.’  However, there is no indication that my speed at the time was approximate.  Apparently, time is a somewhat insignificant variable; but the radar is very precise about the exact speed.  OK.  I’m glad that photo radar has now achieved perfection, even though it is continuing to struggle with keeping time.

Coincidentally, there was a relevant article in the Oregonian yesterday:  ‘Well-Known Lawyer Takes Ticket to Court.’  Prominent Defense Attorney, Mark Cogan had his ticket thrown out.  He was cited at the exact same location where I was, but months back, for going 45 mph.  He went to trial and ultimately won.  On what basis might you ask?  Well, the prosecutor never asked the police officer in charge of the photo radar what the speed limit was when the violation occurred.  In other words, the prosecutor did not put forth the proper foundation for the violation.  He did not say that Cogan was driving 45 mph in a 30 mph zone.  A bit of a technicality I admit, but that is what attorneys do.  It doesn’t even sound like Mr. Cogan represented himself.  He apparently had another attorney handle it.  Obviously, Mr. Cogan has some philosophical differences with the photo radar system, because he spent far more money defending himself than the price of the ticket.

Well, under the circumstances, I could not afford to hire an attorney.  So, I considered representing myself.  I had some relevant points to make, including:  Why does it take almost a week from the time of the infraction to actually issue and mail the ticket?  When was the last time the photo radar system was calibrated?  What about the time indicated on the ticket?  But, I decided against that idea.  Thinking, perhaps, the magistrate would consider me something of a ‘smart-ass,’ wasting his or her time, and double my fine.

I will just conclude with a quote from the Oregonian article referred to above:  “That stretch of highway is a notorious speed trap.”  So, I guess we might say that Good-ole-boy, Alabama, population 250, has nothing over our very own Milwaukie.  Drivers, don’t say that we didn’t warn you.


True Nelson