Ignore The Police!


by Bill Rounds
How to Vanish

Recently by Bill Rounds: Foreign Drivers License Protects Families

For the past few months, police departments have been using a new iris scanning device to identify people they encounter. Many more police departments will begin using this device soon. The scanner can be held up to the eye of any person and almost instantly identify them more accurately than a fingerprint. Police have imposed restrictions on themselves to prevent misuse of iris scanners. Like a chubby kid guarding a Happy Meal, indulgence is more likely than restraint.

Currently, iris scanners are limited to checking the person scanned against a national database of iris scans. This database presumably only contains criminals, children and individuals who may need assistance, like alzheimers patients. The devices are not supposed to be able to capture and store new entries. These self-imposed limitations may only be temporary.

Warrantless Iris Scans Are Probably Unconstitutional

Although not yet tested, there are some potentially strong constitutional challenges to many iris scans that are likely to occur. If you have a reasonable expectation of privacy in some information or item, the police need a warrant to conduct a search. (Katz v. United States) There is no reasonable expectation of privacy for things that are in the plain view of the public. (Texas v. Brown) Technologies that enhance the senses to be able to see what is in plain view, like common binoculars, can be used by police without a warrant. (Dow Chemical v. United States) Something that is not visible to the naked eye is not in plain view. (California v. Ciraolo; Kyllo v. United States; People v. Arno) Police may also conduct a search that would otherwise require a warrant if they get consent. (Schneckloth v. Bustamonte).

An image of your iris and the detail of your iris is apparently very important information. Many people might reasonably expect to have a right to privacy in that intimate part of their body. Although the iris is held out to the public, the very intimate details, so much detail that the iris becomes a unique identifier, is not held out to the public because nobody can see that with the naked eye. A very powerful technology that can see more than the naked eye, even upon very close inspection, is required. Thus, such a search will likely be unconstitutional without a warrant.

Do Not Consent To An Iris Scan

If you agree to have your iris scanned for identification purposes, you give up any chance you had of fighting the constitutionality of a warrantless iris scan. Simply stating that you do not consent to having an iris scan taken should be sufficient.

Don’t Let Them Scan Your Face Either

These same devices are also capable of scanning faces for identification purposes. Preventing these scans is a bit more complicated because your face, and the ability to recognize you from your face, is most definitely held out to the public in plain view. To prevent face scanning requires knowing at what point in a police encounter the face scan is taking place. Knowing this will help you to know if you must submit or if you are free to leave.

Ignore The Police: “Free To Leave” Encounters

Police may stop people on the street in what is known as a “consensual” encounter for no reason at all. Police could potentially ask you for a face (or iris) scan during this “consensual” encounter. If you reasonably think you are free to leave you can ignore everything the police are saying and just walk away. (Florida v. Royer; Michigan v. Chesternut). If you aren’t sure, or you just want to be polite, one of the best things you can say is “am I free to leave or am I being detained?” Stopping the encounter as soon as possible before a scan of your face can be required is the best way to prevent a facial scan. If you aren’t free to go, you are being detained.

Detention

To detain you, the police need reasonable suspicion based on articulable facts that you are, have been, or will be committing a crime. (Terry v. Ohio) If a reasonable person thinks that they aren’t free to go, they are being detained. (United States v. Mendenhall). Here is where it gets a bit tricky. Some states permit you to remain silent to questions at this point, but many require you to at least provide your name. (Hiibel v. 6th Judicial District Court of Nevada) If you are in a no name state, you may be able to refuse a facial scan. This will probably make the police pretty mad so it might not be recommended. In states where your name is required, there is probably nothing you can do.

Arrest

If the police then have probable cause to believe you committed a crime, they may arrest you. They will take you into the mug shot room where a long line of celebrities have taken their most memorable photos. At this point, there is nothing you can do to keep the police from putting your face in their facial recognition database.

Conclusion

Warrantless, unconsensual iris scans are probably unconstitutional. Face scans aren’t as inherently unconstitutional, but can still be prevented. If you are a law abiding citizen, these, and other tips from HowToVanish, can help you protect more of your privacy from one of the worst invasions of privacy that exist, police encounters.

Buying Your First Handgun


by Dick Clark
by Dick Clark


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Okay, so something has finally tipped the scales of your judgment in favor of acquiring your first handgun. Maybe you know someone who was just victimized by a criminal. Maybe you have a new family and feel the urge to make yourself ready to protect them. Whatever the reason, you have decided to buy a handgun. Here’s how to do it.

Legality

For most United States citizens, purchasing a handgun is as simple as going to your local gun store, choosing a particular gun to buy, showing photo I.D., filling out the background check form, and then paying for the gun upon approval from NICS (usually instantaneous, but may take as long as three days). There are a few states where this procedure is more cumbersome due to some requirement imposed by statute. To check your state’s particular rules, simply ask a local gun dealer or refer to Handgunlaw.us. Each state’s rules vary, so I won’t cover them here, but some states restrict not only who may purchase and possess a handgun, but what particular models are permitted for such possession within that state. Restrictions may apply to so-called “assault pistols,” those that are capable of accepting high-capacity magazines (usually 10+), or those that the state may classify as “Saturday Night Specials.”

Possible Applications

The first, most obvious question that you must ask yourself is “What role(s) do I expect this gun to fill?” The possible answers include competition or target shooting, hunting, home defense, and self-defense outside of the home.

Competition or Target Shooting

I can neatly avoid providing any useful information on this point because anyone who plans to spend cash on a “race gun” or high-performance target handgun is likely already familiar enough with weapons to have no need for my advice. It suffices to say that there are handguns designed for fast presentation, sight acquisition, and follow-up shooting that are advantageous for competition use, but not practical or economical for defensive uses. Likewise, there are target handguns that are designed for precise shot placement that may be too bulky, of insufficient caliber, or otherwise unsuited for defensive applications.

Hunting

Hunting handguns may be used to take a number of different varieties of game, from squirrel to deer to wild boar to bear. Regardless of the quarry, a hunting handgun is almost always a bulky sort of implement, either because the gun is chambered in a large caliber that requires a heavy frame and barrel, because optics are mounted, or both.

The most common hunting handgun type is the large-caliber revolver. Many states permit deer hunters to hunt with pistols and revolvers above a certain caliber, usually .40. The .44 Magnum cartridge is well known for its ability to take down even large, dangerous game like bear, and it may be found employed by all manner of medium and large game hunters. Revolvers in a large caliber like the .44 Magnum are undeniably intimidating and effective enough for use in home defense, but are too bulky for most personal defense applications where discreet possession of the handgun is preferred.

Single-shot handguns utilizing either a break-action or bolt-action occupy a small but growing niche within handguns designed for hunting use. Predominantly manufactured by companies like Remington, Savage, and Thompson-Center, these guns are extremely specialized and are designed for one thing: to accurately fire a rifle bullet out of a package much smaller than the average rifle. The recoil is often tremendous, the time for a second shot is long, and the speed for target acquisition is as slow as it would be with any scoped weapon. These specialized firearms may be used for hunting or for long-range target shooting, but they have little application outside of these areas.

Home Defense

For many users, a handgun is the best weapon for home defense. The handgun is more easily wielded than a shotgun by individuals with a slight build, and the shorter length of a handgun allows greater maneuverability in close quarters than a shortened pistol-grip shotgun. In considering a handgun for home defense, there are several questions that you should ask yourself before proceeding:

1) Does the gun fit in my hand comfortably? Is it comfortable for the largest and smallest potential shooter?

In a life or death situation, confidence is a necessary component of a potentially life-saving action. Having good positive control of the gun in your hands is essential to confidently wielding it against an attacker. Additionally, you must be able to hang on to a gun in order to fire it safely and accurately.

2) Does the cartridge caliber/load make the handgun’s recoil too severe for the people most likely to need to use the gun in defense?

Recoil that is so strong as to be uncomfortable can make a shooter anxious and tends to dissuade the shooter from practicing regularly. Both of these may mean that the handgun is less useful when a situation requiring decisive action arises. As physics dictate, a cartridge generally generates more felt recoil as the mass it has to displace decreases. Therefore, larger, heavier guns will typically have less recoil than smaller guns chambered in the same cartridge. In a smaller pocket pistol, .380 ACP may be the largest round a shooter feels confident with, whereas the same shooter might be completely at ease with a .44 Special in a heavy, full-frame revolver. For the recoil sensitive, .380 ACP, 9 mm, and .38 Special are all safe bets that still offer reasonable power.

3) Is the cartridge for which the gun is chambered effective enough to insure that I will be able to stop an attacker?

There is much debate over caliber selection within defensive handgun circles. Many shooters argue that anything less potent than 9 mm or .38 Special is unreliable for self-defense. Except for extremely petite or physically weak shooters, I would tend to agree that cartridges like .32 ACP, .25 ACP, .22 Short, .22 LR, .22 Magnum, and even the .380 ACP are all too impotent for a dedicated home defense weapon. While they are all superior to a pocketknife for self-defense, I think it is worth the slight extra recoil to move up to a more effective “major” caliber, including 9mm (although this round’s effectiveness is sometimes questioned too), .38 Special (also criticized as impotent), .357 Magnum, .40 S&W, .44 Magnum, .44 Special, and .45 ACP, among others.

If you buy a minor caliber, you will definitely have to purchase the more expensive defensive ammunition in order to improve the round’s efficacy against an attacker. Standard full metal jacket or “hardball” ammunition will work satisfactorily for defense work if in the largest calibers, such as .44 Magnum or .45 ACP. This should not be a major consideration, though, since I would generally recommend defensive ammo for regular carry because those rounds frequently feature corrosion resistant nickel-plated cartridge casings and are manufactured to tighter specifications.

4) Does this manufacturer have a reputation for reliability?

Unless you are really pushing the poverty line, it is hard to justify buying a gun that might work when you need it. Stay away from guns manufactured by unknown or disreputable makers. My short list of quality handgun makers would include: Sig-Sauer, Heckler & Koch, Ruger, Glock, Smith & Wesson (revolvers), Colt, Kimber, Para-Ordnance, Kel-Tec, Walther, Springfield, Beretta, Browning, and Taurus. Some of these are better than others, but each has established a reputation for reliability and safety. There are other companies that make good guns, but the companies listed above have history of consistent excellence for at least the past ten years, and many for over a century.

Self-Defense Outside of the Home

In addition to the considerations listed above, the selection of a handgun for self-defense outside the home requires the added consideration of concealability. If a gun is too bulky to be worn comfortably on your person, you are less likely to carry it often and therefore less likely to have it at hand when the need for it arises. Be sure to select a gun that isn’t too heavy for you to easily carry. For some, this means selecting a handgun chambered in .380 ACP or some other smaller caliber. While these calibers may not be optimal, they are preferable to being empty-handed in a situation where a gun could save your life.

Action Type

Handguns are most commonly available in one of two action types: revolver or semi-automatic.

A revolver holds five, six, or more rounds of ammunition in a rotating cylinder behind the barrel. When all the rounds are expended, the shooter must swing the cylinder out, eject the spent casings, and load each of the chambers with a new cartridge. The only revolvers that you should consider are “double action” (DA), meaning that you need not cock the hammer before pulling the trigger to fire a round.

A semi-automatic holds ammunition in a magazine, usually vertically inserted into the grip. When you pull the trigger to fire, the hammer strikes the firing pin, discharges the cartridge, and uses the force of the fired cartridge to cycle the action of the gun, reloading the chamber with a fresh round from the magazine. Semi-automatic pistols may be single action (SA), double action, or double-action only (DAO). A DA semi-automatic will fire if the user pulls the trigger when the hammer is at rest and there is a round in the chamber. The trigger pull for the second shot will be shorter and lighter because the action of the gun automatically cocks the hammer. A DAO has the same, heavy trigger pull each time, and the hammer is always at rest.

As with revolvers, I would recommend that most first-time buyers avoid SA semi-automatics simply because the learning curve is slightly steeper and the time required to bring the weapon into action is longer since the hammer must be manually cocked prior to the first shot. The most popular SA semi-automatic is the M1911 .45 ACP designed by John Moses Browning and manufactured most famously by Colt. While this venerable design has much to offer, I cannot recommend it as the sole lifeline for a beginning shooter.

When choosing between a revolver and a semi-automatic, remember these factors:

Semi-Automatic

  • may be reloaded more rapidly by simply removing empty magazine and inserting a fresh one (and, depending on the model, either racking the slide again to chamber the first round or releasing the slide from its locked position)
  • usually has a higher magazine capacity
  • may be flatter and therefore more concealable
  • more likely to have a manual safety
  • malfunction/misfeed may require more steps to remedy

Revolver

  • cleaning is easier because disassembly is usually not required
  • in case of a misfire, simply pull the trigger again

Recommended Models

While I cannot offer an exhaustive list of suitable selections here, the following models are a few of those with which I have personal experience and thus can wholeheartedly recommend.

Home Defense

Any Smith & Wesson revolver chambered in .38 Special or better, including:

Any Sig-Sauer pistol chambered in 9mm or better, including:

Any Heckler & Koch pistol, including:

Any Glock pistol, including:

  • Glock Model 23 (.40 S&W): Durable, reliable, and easy to shoot. Semi-automatic.

Concealed Carry

Any Kel-Tec pistol except the PLR-16, including:

  • Kel-Tec P3AT (.380 ACP): Medium potency round, but in an extremely light, concealable package. Very competitive prices. Semi-automatic.

The basic model Taurus pistols and revolvers chambered in .38 Special or better, including:

  • Taurus Millennium Pro 111 (9 mm): More potent than .380 ACP, but slightly bulkier gun too. Semi-automatic.
  • Taurus Titanium Model 617 (.357 Magnum): Lighter than steel but stronger than alloy of gun below, this gun fires the potent .357 Magnum. Relatively inexpensive compared to gun with same features from S&W. Revolver.

Any subcompact Glock, including:

  • Glock Model 36 (.45 ACP): Incredible potency, but limited magazine capacity. Semi-automatic.

Any Smith & Wesson J-frame revolver, including:

  • Smith & Wesson Model 638 (.38 Special): Light alloy that is cheaper than the slightly more durable titanium revolver from S&W, fires slightly less potent .38 Special. Concealed hammer makes for snag-free draw from concealed position.

Note also that stainless steel is less likely to corrode than carbon steel, so paying extra for a stainless steel model or a model with a tough anti-corrosion coating is often a good investment for a carry gun that will frequently come into contact with your skin, dust, etc. Titanium, scandium, and other alloys are used instead of steel in the frames of many revolvers to save weight. Titanium and scandium are more durable than the cheaper alloy frames, with regards to the finish of the gun.

Dealer or Show?

Most guns at gun shows are being sold by dealers who are Federal Firearms Licensees (FFLs). They tend to mark prices down for the show because they want to be competitive with the other dealers present and they don’t want to have to pack up the guns on Sunday. Individuals also bring guns to sell at gun shows, so you may happen across a great deal on a used gun from such an individual. In my experience, though, haggling at a gun shop tends to be about as effective as attending a gun show with regards to finding a good sale price on a particular gun. If you know what you want, you will probably get it either way. In either circumstance, paying cash tends to lower the price.

If you are looking for something unusual, or a model with a very specific configuration, attending a gun show may be advantageous. For a specialized order, you can also either order through your local FFL or find what you want on GunBroker.com and have the local FFL transfer it to you for a fee – usually about $25–$50. According to federal law, an individual buyer can only buy a handgun in the state of his residence. This means that an out-of-state dealer has to ship to your local dealer, who then performs the background check and maintains the required records. Most states place no restrictions on individual to individual transfers, although you should get a bill of sale – handwritten or in printed form – for the gun no matter whom you buy from.

Good luck, and happy shooting!