B.L.U.F.More of analysis of the horrid opinion offered by Judge Karin Immergut out in Oregon.

I’ve since learned that she spent most of her career, before becoming a district judge, working as a prosecutor for the government. She was actually a prosecutor for the ATF. OF course, she found a gun infringement constitutional.

It is pretty clear that the judge was picking and choosing experts, facts, and testimony to get the conclusion she wanted. This is clear from the following:

The EVIL gun lobby wants this, we can’t accept their testimony. How about the fact that Everytown, Brady, and a dozen other groups all pile on when there is a Second Amendment Case? Should their testimony be discounted because they have been a plaintiff in several Second Amendment challenges? Maybe the judge should disallow Paul Clement from representing Second Amendment plaintiffs because he’s been involved with several Second Amendment challenges?

Does she really think that all these anti-gun people don’t make money from litigating? I’ve looked at some of the tax filings for some of these groups, they seem to spend significant amounts of money on the administrative and executive salaries.

What is she talking about? That most people don’t buy extra magazines for their firearms? Technically, I guess that is true. My M1 Garand came with zero enblocs. I think I have over 50 of them now. All but a few loaded. My PC-9 came with one magazine. I’ve never even loaded it. I purchased 6 Glock magazines to feed it, and then purchased a Glock with a couple of magazines.

My first AR-15 came with two magazines. One was 5 rounds and the other 10. None of the other AR-15s came with magazines. I don’t know how many magazines I currently have. I still have one 5 round mag, and one 10 round magazine. I do have a few 20 round mags, but most of my magazines are 30 rounds.

It does not matter why The People decide to purchase extra magazines or if they just use the magazine(s) that come with their guns. They have decided that ammunition feeding devices with more than 1, 5, 7, 9, 10, or 15 rounds is what they want, those purchases are protected under the Second Amendment.

The judge is incorrect in how she categorizes these anecdotal incidents. They are examples of people using their arms to actively defend themselves. They were using those arms for lawful purposes, such as self-defense, by possessing them. They prove The People chose these arms in common use today for lawful purposes.

Conclusion

I’m now behind the curve, here are a couple of YouTube videos that go into just how bad this opinion is.

I might come back to this, but with multiple issues with the k8s cluster resulting in a full day of ClusterFuck and then another 30 minutes of minor CF today. I have not had time to do any more wading through this swamp.

On the wall of the living room is a display rack. My family got it for me for my birthday. It has an American Flag motif and holds four rifles and has a small cabinet at the bottom for ammo and other accouterments.

On the bottom is a Henry Golden Boy in .22LR. Squirrel gun.

Above that is a Rossi R92 in .357 magnum. Raccoon rifle.

Above that is a Winchester ’95 in 30-30. Deer rifle.

At the top sits a Henry in 45-70. Bear rifle.

The .22lr is mostly a showpiece. It is fun to run, but it is not my go to for taking squirrels. The R92 is the rifle I’m most likely to pick up when things go bump in the night. The 30-30 is too big for small game. The 45-70 is there for when it is needed.

The 45-70 is firing +P rounds. When the first round hit the 8in steel, it knocked the plate off the chains. The 30-30 is firing cast bullets, and I’ve not had any luck with the new mold. I haven’t made the time to cast, and it is too freaking hot to do casting right now. I did source 300 Hornady FTX bullets, so I’ll be loading some rounds up shortly.

Which brings me to the dumb. I’ve been shooting cast bullets out of the R92 loaded over 5 grains of TiteGroup. Nice load. In .38 SPL, 5gr is a +p load behind a 125GR HDY XTP, which is what I loaded up over the weekend. I only shot it out of the Ruger GP100. It did what it was supposed to. Felt pleasant in the hand.

Subsequently, I went to load up some .357 magnums. I checked my notes a few times, wrote down the recipe. Double-checked here and there. Did one final check and then started loading 158gr Hornady XTP over [REDACTED] grains of Alliant 2400. Loaded 50 rounds. Went out to the range and sent 5 rounds down range.

Nice punch. Recoil was there. It even left a small ache afterward. It made the steel ring and swing. Then I cleaned everything and was getting ready to shut down for the night when it occurred to me to check another number.

Yep. The amount of 2400 for a 125 gr XTP was what I put under that 158 gr XTP.

Yeah, those rounds are hot.

I checked the primers for over pressure. There might be some signs, but nothing really stands out.

Today I decided to check the loads out in the Ruger.

Now that was a kick. It RANG the steel. When it hit the box with the spatter target on it, the box jumped. Lots of energy being transferred.

I should have stopped the first time I tried to cock the hammer and the cylinder didn’t want to rotate freely. A little help, and it rotated into position for the next shot.

After we were done, I went back in and went to dump the cylinder. The cases didn’t fall out. That’s ok. I’m told it happens. I pushed on the ejector rod. Nothing. The cases didn’t even budge a little bit.

In the end, I took to tapping the ejector rod gently until the cases ejected.

The pressure was high enough to pressure from the cases to the cylinder walls. Those rounds are not going into the revolver again. They are far too hot for that hand gun.

I’m torn. What I should do is pull every round. What I want to do is just send them down range through the R92.

Do as I say, if you make a hot load and you know it. Don’t mess around, just pull them. You can save the bullets. So what if you lose a bit of powder.

That’s what I felt like, working issues yesterday. There was always another problem to fix.

It is 2100 and after 6 hours of working with our cloud provider, everything is back.

There was a hardware glitch that caused a node to fail. The website automatically moved to a new node and attempted to restart. Unfortunately, that hardware glitch caused the cluster to believe that the node was still there and still working. Since it was there and working, none of the resources (disk space) used by GFZ was released.

Because the resource did not release, the website on the new node would not start.

Linode took 8 calls from me, 22 ticket updates and worked the entire 6 hours to get things working again.

I’m sorry the site was down for so long. I’m working with Linode management to make sure it doesn’t happen again. Furthermore, I’m also looking at options for shared file systems so that a pod can move from node to node seamlessly.

AWA

B.L.U.F. An analysis of the horrible opinion out of Oregon where the district Judge decided that arms aren’t covered under the Second Amendment and that there is a history and tradition of requiring government approval before you can exercise your Second Amendment protected rights.

This opinion is 122 pages long. This is not a complete analysis. I don’t think I can stomach that much muck.

Inserted a title and added a “more” block to take the text-wall off the front page

When I originally looked at Judge Karin Immergut, I was hoping for better from her. She was appointed by President Trump. Unfortunately, it appears that her time in liberal cesspools has corrupted her judgement. She has degrees from the University of California, Berkeley, Amherst College, and UC Berkeley School of Law. To say that she was educated in leftest incubator schools is a fair statement.

The Question

This is a horrible statement of the actual questions in the case. 1) Is banning ammunition feeding devices based on characteristics in violation of the Second Amendment protected rights? 2) Is requiring a member of The People to get state approval before they are allowed to purchase constitutional?

Even with her horrid wording, she should not have been able to find that BM114 is constitutional.

Holding

I’ll use the words of Paul Clement et al.:

She even messes up Supreme Court dicta This Court also finds that the text of Oregon’s permit-to-purchase framework is consistent with the type of regulation that the United States Supreme Court has deemed constitutional under the Second AmendmentMissing citations for FHMK3ZW8. The Supreme Court never said that any permitting scheme is constitutional, only that shall issue states are assumed to be constitutional.

The court then went forth and said, “If you get a 2A case, look to the plain text, history and tradition to make your ruling. That means …”

We should not have been surprised because she granted Oregon Alliance for Gun Safety’s motion to intervene based on Federal Rule 24 of Civil Procedures, 24(b).

I believe that she is referring to 24(b)1(B) has a claim or defense that shares with the main action a common question of law or fact the Oregon Alliance for Gun Safety is an anti-gun group that uses emotional blackmail constantly.
Read More

First, thank you to Miguel for creating this fantastic place. Thank you to J.Kb. for contributing. Thank you to both of you for allowing me to be an author here.

Just over a year ago, Miguel announced his retirement to J.Kb. and myself in a private email. We considered a couple of different options, one of which was to just move it to Substack with a Patreon style of support system. We all wanted to have some small amount of monetization from the blog.

I suggested a pay to comment with some content being restricted. Miguel and J.Kb. allowed me to try that.

It didn’t really work.

We pay for a number of things directly for the blog. The total for all of those services is around $1000/year. Those include the different yearly subscriptions for certain plugins and other direct paid support.

In addition to that, there is another $600/year for the servers that host the blog.

In prior years, there was an additional $600/year to me. The minimum cost for the blog per year was $2200. Miguel paid all of that out of pocket. He asked for money once a year to pay me and the hosting costs.

In other words, this blog cost him money.

I can no longer charge for my work on the blog. That’s good because I have spent countless hours, easily well over 200 hours. I work dirt cheap at $50/hour, that’s $10,000 of billable time. That does NOT include any of the time I spend writing.

We are seeing the renewals happening now. I did not break even last year. I won’t break even this year.

I do care. It doesn’t matter. I’ve been in love with this blog for many years. I lost it for a couple of years. Realized I was missing it, went and found it. I’ve never left.

The comments you leave help so much. It tells me when I get things right. I stumbled onto a new gun blog yesterday, went looking through their postings, and there was reference to one of my case analysis. That single back link made me smile through a rather shitty day.

So, I thank all of you.

If you want to help the blog out financially, please sign up for one of the membership levels. The lowest level is $1/month. The highest is $5/month. You do have to pay for a year at a time.

Here’s wishing all of you a great year. Remember that we do want guest postings, and I mean real guest posts, not the “If you say yes, we’ll spend 30 seconds and send you an article with the word “gun” in it and 1000 words talking about us.” Yeah, we get about 1 a week of those.

My standard reply to them is something similar to, “That sounds great, what is your favorite 45-70 load?” I’ve never gotten a reply to that question.

This is a feedback article. Comments are open to all.
P.S. OldNFO and dana950, please reach out to me at awa (at) troglodite . com

It is a 122-page opinion written by somebody who was looking for a way of finding the plain text of the Second Amendment too hard to read. It is going to take time to wade through it.