Gun Free Zone

Where a Hispanic Catholic, and a Computer Geek write about Gun Rights, Self Defense and whatever else we can think about.

Month: June 2023

Legal Rant

Brady Amicus Curiae Brief Renna v. Bonta (9th Cir.)

Jun 12, 2023 awa 4 comments

B.L.U.F. The argument from the mouths of the oldest group dedicated to removing your right to keep and bear arms.

The Brady Center to Prevent Gun Violence (Brady) is a nonprofit organization dedicated to reducing gun violence through education, research, and legal advocacy. One of Brady’s primary goals is to encourage the implementation of safe designs, distribution, and sales of firearms to reduce gun deaths and injuries, and to protect the rights of governmental bodies to take strong, effective actions to prevent gun violence.
—Amicus Curiae at 1, Brief for Renna v. Rob Bonta, No. 23-55367 (Court of Appeals)

I agree, they do research. It is not clear if that research is good, nor is it clear that the research is unbiased, nor is it clear that they present their research in a balanced manner. I have yet to see a single bit of educational work from Brady that wasn’t about removing firearms from The People.

They do seem to do a whole hell of a lot of legal advocacy. All of it anti-gun, anti-gun rights, anti freedom.

The thing you should take notice of is …and to protect the rights of governmental bodies to…. The government has no rights. You have rights. The states have rights regarding the federal government. The government does not have “rights”. They are allowed certain enumerated powers.

…Both CLIs and MDMs are commonsense safety features that help prevent unintentional discharges of a firearm. The district court erred in preliminarily enjoining California’s requirement that new semi-automatic pistols manufactured or sold in the State contain those features.
—id. at 2

The horrible thing about “commonsense” is that so few people have it. Bubble wrap helps prevent damage. Therefore, it is “commonsense” to wrap everything valuable in bubble wrap? Brady always argues from the point of “just a small inconvenience to get what could be a huge improvement in safety”

The wonderful thing about an opinion running to dozens of pages is that somewhere in all of that verbiage, the opponents of freedom will find a phrase or short grouping of words to turn the entire opinion upside down. Here we find that a small carve out for the NFA being used to justify just about anything, and a short passage in a concurring opinion being used to justify the UHA.

The Supreme Court has soundly rejected the idea that the Second Amendment protects an unfettered right to access “any weapon whatsoever in any manner whatsoever and for whatever purpose.” Bruen, 142 S. Ct. at 2128 (quoting Heller, 554 U.S. at 626). Safety regulations applicable to gun manufacturers and sellers are permissible “laws imposing conditions and qualifications on the commercial sale of arms.” Id. at 2162 (Kavanaugh, J., concurring) (quoting Heller, 554 U.S. at 626-27).
—id. at 3

There are subtle changes in wording that are designed to support that swap: whether the provision at issue regulates conduct—id..

Their Argument

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Another veteran with fantasies of murdering citizens

Jun 11, 2023 J. Kb 10 comments

Let me introduce you to Jay Kirell:

 

Jay here is anti-gun.

He wants you to know that he’s so anti-gun that he wants to kill NRA members with artillery, and thinks that’s a fun way to spend an afternoon.

 

I’ve spent too many posts rebuffing this argument, i.e., “the big bad military will just pound you civilians into paste without breaking a sweat, so your AR-15s are useless.”  I’m not going to do it again.

My point here is that our military seems to have been filled with people whose biggest takeaway from their time in service was how to successfully obliterate American citizens they have a political disagreement with.

You’d think that men who have seen the horror of war wouldn’t want to see it in their back yards, but apparently that is their fantasy.

To rain artillery, bombs, and drone strike on the homes of fellow citizens.

I just can’t imagine the obtuseness of posting your personal life all over social media then calling for the indiscriminate murder of America citizens.  I don’t think he understands just how much reprisals will suck for him.

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Why a knife is important (and I disagree with Miguel)

Jun 11, 2023 J. Kb 5 comments

I was going to post on this, but Miguel beat me to it.

 

I read his post and have a slightly different opinion.

Pepper spray for humans is notoriously useless on dogs, especially pitbulls.

There are plenty of videos of police spraying pitbulls with pepper spray and it doing nothing to alter their behavior.

Fighting breeds are bred to fight through pain.

I agree that shooting the dog while it is only attacking another dog might get you into legal hot water.

I still believe (disclaimer: IANAL) that a knife in the throat is the best option.

I’m trying to pull my dog out of the jaws of a pitbull?

What happens when that pitbull latches onto my hand?

A knife in the throat will effectively stop the attack while preventing my hands from being the next target for attack.

I would make the argument that it’s not just my dog I’m protecting but myself.

If I do have the draw my gun it’s probably against the owner who’s gonna be passed that I just slit his dog’s throat.

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Tennessee’s Special Legislative Session is making some nervous.

Jun 11, 2023 Miguel.GFZ 6 comments

The possibility that Red Flag bill is dead before conception and some are actually thinking on advancing gun rights is making the Opposition a bit unnerved.

Weeks after calling for a special session, there is still no clear date on when it will happen. However, if it does, and if allowed, one senator announced plans to introduce a bill to arm the teachers to the floor.

In a statement from State Sen. Paul Bailey (R-Sparta), he wrote:

“The option to pursue this path could be especially useful in rural districts which don’t have the resources to heavily invest in school security. It could also deter potential school shooters if they know multiple people in the building might be armed.”

Nashville students urge against firearms on school grounds as special session looms closer

 

And this cute little infant of a teen still has not figured out adulthood means to expect and prepare for the worse because wishful thinking is not a sound life strategy.

“I constantly have to ask the question, ‘Is this a day that a maniac with a gun comes into our schools? Is this a day? Is this our last day?’ We’re asking that within institutions that are supposed to protect us, sort of supposed to build us up,” said Seamus Purdy with the Tennessee Student Union.

We fight for our right to be victims!

Fine, be a victim. but you do not get to force victimhood on others.

Legal Rant

To be blunt, Bruen fails to adhere to even basic academic standards – P.J.C.

Jun 11, 2023 awa 3 comments

In —Amicus Curiae at 1, Brief for Renna v. Rob Bonta, No. 23-55367 (Court of Appeals) the District Judge issued multiple TROs blocking New Jersey’s Chapter 131 Bruen response bill. She then consolidated the case with Siegel and on May 16, 2023, the court issued a preliminary injunction, blocking parts of Chapter 131. The same day, the District Court issued the preliminary injunction, the state filed for an emergency stay with the 3rd Cir. Court of Appeals. See —id. at 2.

At the end of May, the Siegel plaintiffs (good guys) filed a response with the Circuit Court, explaining why the state should not get a stay. The Third Circuit Court has issued notice that they will be hearing the case on an accelerated basis, but has not (yet?) issued a stay pending appeal.

The gist of the response to the state is that the state didn’t do the appeal correctly and that the state won’t succeed on the merits.

What is the state doing?

New Jersey’s most ambitious argument is that, when the state prohibits the carrying of firearms for self-defense on government property or private property that is held open to the public, those restrictions “fall outside the Second Amendment altogether.” …
—id. at 3

and

Unable to explain why government and private property are not presumptively within the scope of the Second Amendment, New Jersey retreats to a less ambitious argument. Relying on research conducted by its preferred historians—such as Patrick Charles, see Mot.7 (citing Dkt.91 at 28, which cites Charles), whose work is a favorite of Supreme Court dissents, see Bruen, 142 S.Ct. at 2180-98 (Breyer, J., dissenting); McDonald, 561 U.S. at 914 (Breyer, J., dissenting); cf. Rogers v. Grewal, 140 S.Ct. 1865, 1870 n.3 (2020) (Thomas, J., dissenting from denial of certiorari) (noting that scholars had “repudiated” Charles’ analysis), and who recently derided Bruen as creating a “fugazi Second Amendment” that is “historically ruined and fake,” Patrick J. Charles, The Fugazi Second Amendment: Bruen’s Text, History, and Tradition Problem and How to Fix It, 71 Clev. St. L. Rev. 623, 627 (2023)—the state insists that it “amply met its burden to identify historical predecessors for each sensitive place.” Mot.6. The state is exceedingly unlikely to demonstrate that the district court erred in concluding otherwise.
—New York State Rifle & Pistol Assn., Inc. V. Bruen, 142 S.Ct. 2111, 2126 (U.S. 2022)

In reading this response, I was struck with how they slammed Patrick J. Charles. And as that is a name that keeps coming up in these cases, I decided to look into his work.

Who is Patrick J. Charles

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Between Bad Dogs and Bad Owners…

Jun 11, 2023 Miguel.GFZ 1 comment

You may end up in the middle of a shit show.

Let’s be quick about it: Trying to open the jaws of a dog, specially a pitbull, is a fool’s labor at best.

IANAL warning.

Now the question is: Can I legally use deadly force to stop (Gun/Knives/etc) the destruction of property? (Sorry, pets are not humans no matter if you call them fur babies) If the answer is no in your location, then you should be ready to use alternatives.

I carry pepper spray, so I would go with a quick squirt right in the nostrils of the attacking pooch. If no pepper sprat is available, I go straight to punch the crap out of the nose of the dog and even covering it altogether or shoving anything liquid to make it gag and release the object in its mouth. Dogs with slender necks are easier to choke, but only if they are wearing a sturdy collar you can twist. Thick necked dogs? You better be very strong or carry piano wire and garrote the hell out of the creature.

Oh yes, pain is also a deterrent: Break the tail. Squeeze the nuts. But the downside is they may come after you.