Month: October 2023

Three weeks

 

It took three weeks for the mask to completely fall off.

These campus protests started with Palestinian rights and are not openly calling for the extermination of Jews in Israel and everywhere else.

Where will we be in three more weeks?

Miller v. Bonta, Stayed pending Appeal

(550 words)
As predicted, the opinion of Judge Benitez was appealed to the Ninth Circuit court. There it went before a three judge administrative panel, just like Duncan v. Bonta should have.

Two members of the panel decided to grant the stay pending appeal as an administrative stay. The third judge, Circuit Judge Callahan, did not want to issue the stay pending appeal.

The good news out of this is that the administrative panel has scheduled this for a hearing in December 2023. They have already told all the parties that there will be no extensions of time approved. Briefs are due from the state on November 9th, answering brief on November 22nd, final response brief on November 29th.

For an appellate court, this is freaking fast.

In light of this court’s published order granting a stay in Duncan v. Bonta, 83 F.4th 803, 805–06 (9th Cir. 2023) (en banc) (concluding that the attorney general of California is likely to succeed on the merits and has shown that California will be irreparably harmed absent a stay), and the similarities between Duncan and this case, we grant appellants’ motion (Docket Entry No. 6) and administratively stay the district court’s October 19, 2023 permanent injunction and judgment. In granting an administrative stay, we do not intend to constrain the merits panel’s consideration of the merits of this appeal in any way. The administrative stay shall remain in effect until the merits panel decides the appeal or issues an order lifting the stay.

We sua sponte expedite this appeal. The opening brief is due November 9, 2023. The answering brief is due November 22, 2023. The optional reply brief is due November 29, 2023. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1).

The Clerk will place this appeal on the calendar for December 2023. See 9th Cir. Gen. Ord. 3.3(g).
Motion for Stay, Miller v. Bonta, No. 23-2979 (9th Cir.)

Circuit Judge Callahan dissented in part:

I would deny appellants’ motion for a stay pending appeal. I do not believe we are bound by the published order in Duncan v. Bonta, 83 F.4th 803 (9th Cir. 2023), and I do not believe appellants have otherwise met their burden of showing a likelihood of success on the merits or that they will suffer irreparable injury absent a stay. I concur in the order insofar as it expedites this appeal.
id.

The short of this is that this panel kicked responsibility down the road. They dumped the reasoning on the en banc panel, which said that the state would win on the merits because many district courts agreed with the state’s position.

The state, in Duncan v. Bonta claims that The People being able to purchase and possess semi-automatic firearms the state deems “scary” will cause the state irreparable injury. That’s not how this is supposed to work.

Regardless, if this panel hears the case on the merits, we should have an opinion in early 2024. At which time the state will appeal for an en banc panel. If the plaintiffs (good guys) lose, they should appeal directly to the Supreme Court.

Final resolution of Duncan and Miller is likely 9 to 12 months out.

Got some therapy done.

Since we are seeing so much “unrest for peace” I wanted to make sure the tools and skills were still working.

Evil Black Rifle given a check on function and sight.

No flaws and I will take that group any day. It also rang the steel target on the back rather nicely.

As for the shotgun, I shot at steel targets 25 yards and beyond and hit every frigging time which is a testament to the Tokarev TX 3 than by limited abilities with it. Plus it is a gorgeous weapon.

The sling is by Andy’s Leather and it gives it such a touch of class I am embarrassed to admit I considered attaching some tactical crap to it.

And it looks great with a bayonet and the lens of Oleg Volk.

I got to play with a friend’s ARs in 9mm: one with full giggle switch and one with a binary trigger which was a weird experience. I may blog about it later.

And I also did some pistol drills which reminded me that the moment I get stupidly confident is the moment I get distracted and start missing.

 

 

Not quite Copycats, but stupid keeps no office hours.

Two incidents this past weekend: one in Chicago and one in Tampa.

Six women and nine men were shot, police said. The victims’ ages range from 26 to 53 years old.

Police said 26-year-old woman and a 48-year-old man were taken to Mt. Sinai Hospital in critical condition. The other victims were initially listed in good to fair conditions.

About 100 people were gathered to celebrate Halloween, CPD said during a press conference later Sunday. Video shows party-goers running away, crossing the still busy street at 13th and Pulaski.

Police said the shooter was quickly identified and placed into custody. Officers recovered his weapon.

“Victims relate that the suspect was ejected from the party, and came back a few minutes later and began to shoot,” said 10th District CPD Commander William Betancourt.

Mass shooting in North Lawndale: 15 injured in Chicago Halloween party shooting in 1200 block of South Pulaski Road, police say – ABC7 Chicago

Once again, a bruised ego attached to a dumb ass who felt dissed. I think I am gonna call them Gansta Snowflakes.

Now the one in Tampa has some takes that are interesting.

 

YBOR CITY, Fla. — Two people were killed, including a 14-year-old boy, and 16 others injured in a shooting in Ybor City.

Tampa’s Police Chief says one person is in custody in connection with the shooting, identified as 22-year-old Tyrell Phillips, and is facing second-degree murder charges.

Tampa police say it happened just before 3 a.m. Sunday in the area of Tangra Nightclub in the 1600 block of E 7th Ave.

Police chief Lee Bercaw said the incident started with a dispute between two groups. One person died at the scene, and a second died at a local hospital.

16 additional victims were taken to nearby hospitals with related injuries, 15 of which were gunshot wounds.

Initial reports stated there were 20 victims in total, but that number was revised down.

Many of the additional victims, who ranged in age from 18-27 years old, have been medically treated and released from the hospital.

One charged in Ybor City shooting that killed 2, injured 16 (baynews9.com)

The obvious question: What was a 14 year-old boy doing at 3 am at/by a nightclub?

Emmitt Wilson said his 14-year-old son, Elijah, is one of the victims who was shot and killed. He told Spectrum News that his son was a good kid but sometimes hung out with the wrong crowd. He said he is heartbroken.

Ahhh! The word you never say in print or newsreel when a tourist attraction/area is involved in the State of Florida: Can you say “Gangs” boys and girls? And I would not be surprised if there was some of the same in the Chicago shooting.

But according to Gun Grabbers, it is our fault because….I still haven’t figured the logic…wait there is none.


PS: Regarding Copycat Season, it is still in effect.

Another social media prankster is going to find out

A few weeks ago, both Miguel and I covered the story of Tanner Cook.

Cook is a YouTuber who pulls pranks on people.

He harassed the wrong guy in a threatening way and was rewarded with a bullet to the chest.

His shooter was found not guilty.  As he should have been.

One would think that would signal to other social media pranksters that doing shit like that might be a bad idea.

Nope.

 

This punk got drawn on.

It gets worse that he decided to mouth off to the old man who, very kindly, gave him a verbal warning instead of just shooting his punk ass.

Dumping what appears to be gasoline on someone is absolutely a lethal threat.

It should (I would say “would,” but IANAL) be grounds for a justified shoot almost anywhere.

Chasing someone with a gas can threatening to douse them is definitely a lethal threat.

It doesn’t matter that it’s water.

If you try to rob someone with a rubber knife or Airsoft gun, the victim doesn’t have to determine that your threat is real before acting on the threat.

If this little shit gets ventilated, it’s his own fault.

I’m just glad these guys record it, it makes it easier to exonerate the shooters.

They are getting Hollywood in their crimes..

I know I have seen this many times in movies and TV.

NASHVILLE, Tenn. (WSMV) – Officers with the Metropolitan Nashville Police Department are looking for a man they said shot a Domino’s employee while trying to rob the pizza chain at a store in North Nashville.

The owner of the restaurant, who declined to give their name out of great, said he got there just minutes after the shooting.

According to the owner, the incident all started with a power outage. The owner of the Domino’s Pizza on Clarksville Pike said the shooter broke into their breaker box, cut the power to the restaurant and then ran in with a gun.

“At about 2:20 a.m., the power was cut to the store,” the owner said. “The team just kind of figured it was some kind of blackout. That can happen with all the construction that’s going around here.”

But this time it wasn’t construction.

“They opened the back door and there was a man with a gun standing right there,” the owner said.

North Nashville Domino’s Pizza owner speaks out after employee shot (wsmv.com)

They do not remain stupid forever. They change tactics so we must adapt, even when it is to counter Hollywood stuff.

Power goes out, make sure your neighbors are also blacked out before even thinking about breaking perimeter. And even so, don’t unless it is an emergency.

And have a gun and a good light.