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Lawman

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Everything posted by Lawman

  1. I think like Fourfans is saying though, that’s the problem, and it needs to be retasked or rewritten to understand who has the authority and responsibility. I’d argue State as an Embassy owner does need to play a critical role in researching the scale and scope of a NEO same as a HADR, but in reality it’s going to be the COCOM that ends up resourcing and reaching out for what it doesn’t have and should be where the planning is nested. Have Embassy’s come to a planning event, staff it with SMEs resident in the COCOM with State playing but understanding its job is to keep this plan handy and execute its portion of alerting and organizing on the ground. It would prevent what happened in Afghanistan of no plan being there to execute because State wasn’t really forced to make anything, the DOD being the magic red button, and the immediate action being activate the Global Reaction Force and tell TRANSCOM to just throw all its tails at it in priority. Sent from my iPhone using Tapatalk
  2. State is probably also not the department of government I’d go looking for in depth intelligence on understanding combat power. Be like asking the TSA how to do counter intelligence ops. Sent from my iPhone using Tapatalk
  3. “Well you see Congressman…. All the existing plans started out of BAF….. “ Sent from my iPad using Tapatalk
  4. Well 20 years ago he was a democrat… Oh wait did I say the quiet part out loud? Sent from my iPad using Tapatalk
  5. Considering 100% turns off property tax in Texas, that’s a steal. Sent from my iPad using Tapatalk
  6. Luckily I’ve still got a few more years to build the ammunition of documents. When I crossed the 15 year mark I started stalking up paperwork. Next year when we get back I’m due a series of MRIs. Sad thing is there have been such an over abundance of weak dicks lately that the benefit of the doubt seems to have shifted for some of our most recent retirees. That assumption that as aviators we went out of our way to not report has been turned into a careful game of start your paper trail far enough out it doesn’t look like fraud. We’ve got guys with 4-5 deployments and 20+ years fighting to get above 50% when they can’t play in the yard with their kids because of recurring back/knee/shoulder/neck issues. Somehow “you made me fly 2000 hours with goggles on my head wearing body armor that is front heavy” couldn’t be linked to any of that. Sent from my iPad using Tapatalk
  7. So there is the part that’s supposed to have a curve to it… And there is the part that isn’t… Really looking forward to some VA doc that graduated 274 out of 275 in med school tell me none of this is service connected. Sent from my iPhone using Tapatalk
  8. Tip I got from my chiropractor (Former SEAL): Document things that happen to you any time the military made you be there, that time you rolled down a hill at unit mandatory fun, that time you tweaked your groin jumping down off an aircraft… just everything that could have contributed to the condition you find yourself in as you are older. In that documentation name possible witnesses, dates and times, and then digitally sign the document. Stow it away in your personal email. If you find yourself in a fight with the VA to review your final total these documents effectively serve as evidence to force them to reevaluate your number, and you can hand them one at a time and force multiple reinvestigations of your condition. This is what he had to do because all of his injuries are heavily redacted from his time as a SEAL, only his career ender made it into the normal medical records. All those times he rolled an ankle in a place he couldn’t go to sick call or “fell” off a roof/truck/etc… that stuff was never covered. He just successfully got his rating up to 100% so no more property tax in the state. Sent from my iPhone using Tapatalk
  9. No, just making the point of having guys with an Acitve RF missile designed to kill tanks but “hey look it works on drones” isn’t a solution anybody wants. The prox fuse was put there for the FIAC mission over the Gulf. Air Defense of force isn’t in the METL, and nobody wants it there (except maybe Warren, but we all agree that guy is crazy). The fact they did it surprised everybody. It wasn’t planned for that either, there was desire to have something in the back pocket since the KA-52s had started carrying Archers. That ECAB commander was… special. Sent from my iPhone using Tapatalk
  10. Gone and I think that means the last flying Comet (granted variant) went with them. Brits bought P8s to replace them. Sent from my iPhone using Tapatalk
  11. If hovering Helicopters hit with a bomb count yes we would like something done about the 1 way low cost cruise missiles. Plus historically V-1s counted. Seriously, as I alluded too in another thread you do not want the Army working out its own solutions to this problem. Hearing some knucklehead yelling “Fox 3” over FH-secure should scare the hell out of all of us. Sent from my iPhone using Tapatalk
  12. Agreed. This is one of those “well that sucks” things to happen, but then again so is a freak Hurricane or a good size industrial fire in a port handling facility or other. Shit happens, but we’ve got deep enough alternatives and contingency mitigations to make this a small bump to the system. Sent from my iPhone using Tapatalk
  13. There are currently 2x US Apache pilots with air to air engagements against a type 3/4 UAS. That would be 1 more kill than a lot of guys flying things with pointy noses. Sent from my iPhone using Tapatalk
  14. Important note, a Company commander in a regular aviation line company is a Captain usually about mid way through the rank TIG. A company in Infantry/SF/etc is a Major. The only place you will find O4 commanders at the company level are the Medevac or UAS Company or in SOF. That is due to field grade being the required authority in the Army for risk mitigation in just about any solo isolated operations. And whatever you’ve seen in Iraq or other places the last twenty years forget it. That is a COIN task force model. LSCO we fight as a brigade, as an enabling brigade of the Division. Sent from my iPhone using Tapatalk
  15. Again, do you want to be the first person to attempt to cross that threshold or for that matter know whoever gets to be that test dummy? Until someone successfully does that there is no codified standard for every single other court Ohio or otherwise to use in consideration of bringing charges against somebody for firing a warning shot. Even when there is, it will be case by case to classify what is a legal warning and what is reckless mishandling of a firearm, and civil penalty will still apply state to state which is its own nightmare. Ohio didn’t do anything of substance to actually allow somebody to be so stupid as to use a warning shot and expect anything but an extremely painful and taxing outcome. The people applauding this or the “legal experts” in places like Glocktalk or SAF circles are giving terribly short sighted advice based largely off a poor understanding of how the prosecutorial process is evaluated and executed. You’ll notice the actual charges are mentioned, that’s because that charges would allow for the affirmative defense of “acting in self defense” and it helped widen that potential umbrella but in this case the judge denied that incorrectly and the lawyer didn’t do his job. And an affirmative defense is not the same as guilty until proven innocent, you now place the obligation for preponderance of evidence on the defendant. Had the prosecutor gone after this guy for say reckless endangerment and he had been the first person to cross the threat threshold from say strong words to an active posture, an affirmative defense wouldn’t have been allowed in the courtroom and the judges instructions to deny such consideration by the jury would have been proper. You can read in the amicus brief on the actual case one of the reasons the court wanted a an affirmative self defense to be allowed (again one of the reasons for overturn but not nearly as much as ineffective council) was that it didn’t allow the jury consider whether Wilson had legal standing to fear for his safety and then be allowed to use the force continuum at all in his defense. Had he not warning shot or lethal aimed kill shot wouldn’t have mattered because the initial top charge wasn’t felonious assault. This case is not the sudden “warning shots are ok now” that some barracks lawyers are trying to argue it as. And until it’s successfully used to overturn a conviction when there are states with case law going the other way leading to an eventual federal appeals process no, you’re not suddenly covered under self defense with this ruling or any of the previous ones that exist on the books. For the love of god don’t use that term ever when discussing a post firearm related incident in a statement. It will go nowhere good. Sent from my iPhone using Tapatalk
  16. No you’re saying that the Ohio Supreme Court ruled warning shots legal, which is not at all what they did, but it’s a headline and you won’t let it go. What they said is that because of the charge the prosecution brought against this particular defendant he should have been allowed and was denied the ability to use an affirmative defense which a jury would have then been instructed to consider and later rule on. None of that was allowed, and the court said you have to essentially offer the opportunity for a defendant to use an affirmative defense in the case of what you are classifying as a “warning shot.” It did not in any way suddenly declare them legal. You will have to under the affirmative threshold convince a jury to then allow for such action to be deemed legal and that would only be under a statue that allows for self defense to be an affirmative defense (you couldn’t just say that for example if you were needlessly/recklessly driving a car through a crowd of people to say you feared for your life). Because it was a conviction overturned, by legal definition nobody has effectively made an argument that warning shots were legal to use as a codified example of self defense then therefor allowing somebody else to use that as codified justification of their own actions. Until such time as that survives the legal process a warning shot is just as illegal today as it was 2 or 20 years ago, and all you’re now allowed by this ruling is the opportunity to be the first guy to successfully be charged and survive. F’ing great odds. Sent from my iPhone using Tapatalk
  17. Yes if there is anything Lawyers use in their arguments it’s public statements in media you can google and not legal briefs or scholarly articles. Again, the fact you are trying to use this singular example to defend the idea of warning shot, which still lacks any form of definition in the courts majority opinion, and the original discussion that took us down this rabbit hole was a guy firing a firearm in the air to stop people on his property engaged in no form of assault, they were cutting down trees. Try finding somebody reputable in any self defense legal circles recommending warning shots… please I dare you. Sent from my iPad using Tapatalk
  18. No you’re not a lawyer and that’s not what the court ruled in its opinion. It ruled that the individual client was incorrectly disallowed to engage in an affirmative defense (self defense) by the judges instruction when the prosecution brought a charge of felonious assault. They overturned the conviction on those grounds. What they didn’t do was classify warning shot or codify its intent beyond saying that there is no defined distinction of aim proximity for a shot to be classified as self defense, but that only the person needs to be engaged in an active attempt to stop or otherwise impair force being used against them. You’ll notice they didn’t say for example you could fire a warning shot to stop a fight where force that was or wasn’t directly threatening you. They stated the state bringing charges of assault (vs say public menacing or reckless endangerment) they by default allowed the defendant to use self defense to cover the entire incident. You CAN however use existing Ohio rulings to cover yourself from prosecution in that case would an overzealous DA choose to pursue brandishing or public menacing charges to somebody that for instance pulled a gun to break up a fight. Fire a warning shot in those same circumstances though, you open yourself up to a host of negligence based charges where self defense won’t be allowed to be applied unless you get something like the general immunity protections of the initiating violator bearing culpability. Now do you just wanna maybe let this one go and stop trying to make warning shots some hill to die on, particularly in a state where one of us practiced actual law enforcement. And to the wider group, do not for the love of god use the phrase “I fired a warning shot” in an official statement without council present. For the love of Christ just don’t be that guy. Shut up, explain you are waiting for council and give your statement through the guy that gets paid to protect you should you ever have to defend yourself or another. Sent from my iPhone using Tapatalk
  19. Overturning a conviction based largely on ineffective council and deliberate instruction to the jury is not the same as ruling an action legal. Ohio in particular (where I worked) made great efforts with bill 357 and others to expand CCW and actions covered under it to include things like brandishing as a form of protected force escalation. They deliberately didnt move to expand actions with a firearm that actually involved firing it though. Again, warning shots are a terrible idea, and will probably net you charges somewhere in the area of criminal menacing to reckless public endangerment which depending on where it happens can get additional mandatory sentencing tagged on usually in the range of years extra because you used a firearm to do it (way to think backing that that one ahead NRA). Sent from my iPhone using Tapatalk
  20. Ok just so we are all on the same page here, if you meet anyone recommending warning shots just know that person has no idea what they are talking about legally. They are illegal regardless of where you do them. Anybody teaching a self defense firearms handling course etc would absolutely tell you warning shots are a good way to get arrested regardless of who started what, they exist nowhere in the escalation of force continuum for personal self defense. If some jackdoodle says otherwise, get your money back and find another class. Sent from my iPad using Tapatalk
  21. Yes! F’ing Yes! https://www.facebook.com/share/v/s7ecjtqYV7tRFhNX/?mibextid=WaXdOe Trailer for Alien Romulus looks absolutely badass. Sent from my iPhone using Tapatalk
  22. I’m sorry to thread jack this if it happens, but do you think gunfire is not exigent circumstances? The exact reference you are responding to involved that. Sent from my iPhone using Tapatalk
  23. FIFY Sent from my iPhone using Tapatalk
  24. If it was Good enough for Indiana Jones than it’s good enough for the rest of us gawd dammit… now stop your bitching and help me wipe down this “seat” we made with the spare wood and potato bags. Sent from my iPhone using Tapatalk
  25. As the Waifu pillow crowd grows with enlistments that’s where this thread is heading… Sent from my iPhone using Tapatalk
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