Month: April 2024

Teter v. Lopez, Amicus brief by SAF

(1000 Words)
This is the butterfly knife ban. The People won at the Ninth Circuit court of appeals merits panel. Of course, the Ninth Circuit couldn’t let a win for the 2nd stand, so they are rehearing the case en banc the week of June 24th.

This takes us to the standard filing of briefs by all interested parties. I’m going to be lazy and provide you with the good stuff from the Second Amendment Foundation.

TL;DR

Constitutional analysis of the butterfly knife ban codified in H.R.S. § 134-53(a)—as with analysis of any weapons ban—must begin by answering a simple question: Are butterfly knives “arms” protected by the Second Amendment? The answer is a resounding yes. Appellees seek to require that Appellants (or for that matter any plaintiff challenging an arms regulation) make a “threshold” showing that “the weapon at issue is ‘in common use today for self-defense.’” (Reh’g Pet. At 1). This is not only an improper attempt to shift to Appellants the burden of demonstrating the unconstitutional nature of the challenged law but injects additional requirements that Bruen does not demand. In short, Appellees are attempting to rewrite the test applied to Second Amendment challenges to narrow the scope of its protection.

Considering the plain text of the Second Amendment, a law that seeks to regulate “arms” is presumptively unconstitutional and it is the government’s burden to demonstrate that (1) there is a historical tradition of regulation of the arms at issue that carves out an exemption from the protections of the Second Amendment; and (2) that the modern regulation fits within that tradition. See Bruen, 579 U.S. at 28-29. It is thus Hawaii’s burden to demonstrate that this Nation’s history and traditions would allow butterfly knives to be regulated in the manner the law at issue does (i.e., a complete ban). That is an impossible task in view of the longstanding history of ownership and use of butterfly knives by the American public. And if an arm is in common use, it cannot be banned. District of Columbia v. Heller, 554 U.S. 570, 627 (2008).

Thus, this Court should reject Appellees’ improper attempt to inject the “common use” analysis as part of the threshold textual inquiry, and confirm that any such analysis belongs in the historical inquiry to be made—where the government bears the burden—as Bruen requires.
No. 167 Andrew Teter v. ANNE E. LOPEZ, No. 20-15948, slip op. at 1–2 (9th Cir.)

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Peak bureaucracy

After a year and a half in New Hampshire, I finally got my New Hampshire concealed-carry permit.

The reason is so that I can apply for my Massachusetts non-resident LTC.

New Hampshire’s carry permit comes printed out on an 8.5×11 inch sheet if paper.

It’s not a wallet card.

I guess since you don’t have to have it on you, being a Constitutional Carry state, they decided to save money and just give you letter.

Vanderbilt Students arrested.

 

In a video shared by Vanderbilt University, you can see a group of students rushing into the building. The school claims that’s when a community service officer was assaulted.

As a result, four students were arrested. Three of them were charged with assault, while the other was charged with vandalism after the university said the student broke a window.

A statement from the university amidst the aftermath stated in part that the protest was “not a peaceful one. It began with the assault of a Vanderbilt Community Service Officer and continued with protesters physically pushing Vanderbilt Staff members.”

Vanderbilt protest: Students set to attend disciplinary hearing (wkrn.com)

Apparently they are shocked that their misbehavior led to arrests. They are traumatized, apparently.

NASHVILLE, Tenn. (WKRN) – This week, several Vanderbilt University students face possible expulsion, on top of legal troubles, after staging a protest on campus.

Those who were there called it “shocking” and “disappointing.”

The protest began after students claimed school administrators removed a proposed amendment to the Vanderbilt Student Government Constitution that would prevent student government funds from going to certain businesses that support Israel.

 

It is OK, I doubt pretty much something will ever happen to them as long as they promise to eat their vegetables and go to be before midinght.

 

Bay Area Rapid Transit: Paper beats Scissors

If you wonder what the hell is this:

The groundbreaking, youth-driven Not One More Girl initiative that addresses sexual harassment and gender-based violence on BART expanded with the launch of Phase II in August 2023 with new strategies to build a culture of supporting girls* when riding transit. Read about Phase I of the campaign.

*“Girls” refers to gender-expansive youth (cis girls, trans girls, non-binary youth, gender nonconforming youth, gender queer youth and any girl-identified youth).

Not One More Girl Phase II

I do not know was sadder: That they believe some Woke Monopoly cards will curb criminals or that the term for girls is now a flypaper that catches all kinds of imaginary sexual identifiers.

PS: Self defense still verbotten.

Hat Tip Mal Roadkill