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Possession Is Nine-Tenths Of The Law, The Last Tenth Is Elon Musk Breaking Into Your House


Elon Musk (Photo by Diego Donamaria/Getty Images for SXSW)

There’s a traditional joke a few hunter who killed a duck that landed on a farmer’s land. The farmer proposes to settle the property dispute over the prize chicken by kicking one another within the testicles till one social gathering relents. It’s a reasonably nice joke. Here’s Buddy Hackett telling it.

Anyway, in in the present day’s model of the joke, Elon Musk is the person of the male persuasion repeatedly kicking Floridians within the balls.

At the urging of Musk’s SpaceX lobbyists, Florida legislators simply handed House Bill 221 with the comparatively innocuous opening “An act relating to recovery of spaceflight assets.” But learn a bit additional, and what’s really occurring here’s a wild occasion of company back-scratching instituting a criminal penalty on anybody who finds house junk lodged of their roof from an exploded Tesla rocket. It appears solely honest that somebody narrowly dodging a Donnie Darko ending must be subjected to the prison justice system, proper?

(5) An individual could not knowingly applicable an merchandise fairly identifiable as a spaceflight asset to his or her own use, or to using every other particular person not entitled to the spaceflight asset, or refuse to give up a spaceflight asset to a regulation enforcement officer or the proprietor upon demand. An individual who violates this subsection commits misappropriation of a spaceflight asset, a misdemeanor of the primary diploma, punishable as supplied in s. 775.082 or s. 775.083.

Yep, that’s a jail time period of not a couple of 12 months and high-quality of no more than $1000. For discovering Musk’s rubbish. Worse, the finder should pay restitution if the asset is broken by the “misappropriation.” So if somebody chops it into items to get it out of their tree, they could be on the hook for it.

The lobbyist spiel right here is that it’s a matter of nationwide interest to guard Musk’s mental property rights. Florida Rep. Tyler Sirois defined, “What we don’t want is for it to end up for sale or in the hands of a competitor country.” I assume these rockets are so pedestrian in design that securing a random piece of sheet steel off of 1 is all China must construct an area program.

Oh, that’s proper, they have already got an area program! What “competitor country” is the Florida state legislature anxious about? This isn’t the 1950s anymore. The solely believable geopolitical rivals within the higher environment are already house succesful — in actual fact, they’ve been house succesful since lengthy earlier than SpaceX was ever dreamed up — and the nations that aren’t received’t magically get the disposable GDP to launch satellites as a result of they received a hunk of tail fin off of this marvel of engineering:

What’s actually at play right here is Musk not wanting different home aerospace corporations to determine what he’s doing and he’s overturning basic property law to guard his mental property. This “competitor country” discuss is simply lobbyist gobbledygook designed to disgrace any accountable legislator from asking why the state is sending the cops after individuals on the improper finish of Musk’s launches.

But it’s not nearly sending the cops! Check out this gem from the proposed statute:

(4) The proprietor of a spaceflight asset could enter non-public property to recuperate a spaceflight asset if a regulation enforcement officer authorizes such entry after figuring out that exigent circumstances exist. Exigent circumstances could embrace, however will not be restricted to, a willpower {that a} failure to well timed recuperate the spaceflight asset could end in a direct hazard to public security or injury to, or destruction of, the spaceflight asset.

That’s proper: Musk can ship his OWN EMPLOYEES into another person’s PRIVATE PROPERTY to recuperate house particles. I ponder how the Florida Republicans pushing this invoice suppose that’s going to mesh with the aggressive fortress doctrine they’ve crafted down there?

The invoice is on the desk of Governor Ron DeSantis, who will little question get round to signing it after he finishes making legal guidelines designed to legalize murdering people exercising their First Amendment rights. So, Floridians, get able to dwell in concern of one thing falling on your own home whilst you’re not on the town to well timed report it.

Ain’t {that a} kick within the balls?

It fell from the sky: Floridians must call police for found rocket debris [Tampa Bay Times]

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any suggestions, questions, or feedback. Follow him on Twitter in case you’re fascinated with regulation, politics, and a wholesome dose of faculty sports activities information. Joe additionally serves as a Managing Director at RPN Executive Search.


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