Gun Free Zone

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

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Case Analysis Legal

Lance Boland v. Rob Bonta, CA UHA (9th Cir.)

Jun 3, 2023 awa 1 comment

B.L.U.F. The 9th Circuit court is about to hear oral arguments on the California Unsafe Hand Gun act. Everybody wants to get their oar in the water, here is one such oar.

Who

Peace Officers Research Association of California, The California State Sheriffs’ Association, The California Police Chiefs Association, The California Association of Highway Patrolmen, the California Reserve Peace Officers Association, that is who is filling this Amicus Curiae brief.

More formally:

Pursuant to Rule 29(c)(2) of the Federal Rules of Appellate Procedure, Amici Curiae the Peace Officers Research Association of California (PORAC), the California State Sheriffs’ Association (CSSA), the California Police Chiefs Association (CPCA), the California Association of Highway Patrolmen (CAHP), and the California Reserve Peace Officers Association (CRPOA) respectfully submit this Amici Curiae brief, with the consent of all parties, in support of Plaintiffs/Appellees Lance Boland, Mario Santellan, Reno May, Jerome Schammel, and California Rifle & Pistol Association, Inc. No counsel for a party authored this brief in whole or in part, and no party or party’s counsel contributed money to fund this brief. No person other than Amici Curiae made any monetary contribution to fund the preparation or submission of this brief.
—Lance Boland v. Rob Bonta, No. 23-55276, slip op. at 1 (9th Cir.)

The first three pages are introductions of the different organizations.

The Argument

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feedback

Friday Feedback

Jun 2, 2023 awa 2 comments

Last night, I pushed out my first article using the new citation engine. Please let me know if you have any feedback on it, thank you.

Hagar has a couple of articles out this week. Great engagement, as always. She has at least one more article ready to go and more in the queue.

I also want to apologize, the meme I posted that I got from e-mail was modified from the original, cutting off the original creator’s marks.

Case Analysis Legal

O.F.F. v. Brown, Order denying Preliminary Injunction and Summary Judgement

Jun 1, 2023 awa 2 comments

The Judge Said What?

B.L.U.F.A District Court judge decides that it isn’t law that is being questioned but facts.

In the Beginning

Finding that this case implicates important and unsettled questions of law, this Court exercises its discretion to deny both Defendants’ and Plaintiffs’ motions. This Court additionally finds that the record contains genuine disputes of material fact, which would benefit from full development through trial. Accordingly, Defendants’ and Plaintiffs’ Motions are DENIED.
—Lance Boland v. Rob Bonta, No. 23-55276, slip op. at 1 (9th Cir.)

The key takeaway is genuine disputes of material fact. Post Bruen there is no real material fact to be determined with regard to presumptively protected conduct. This case is a challenge to Oregon’s measure 114, which contains a LCM ban.

Analysis

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Falling down…

Jun 1, 2023 awa 1 comment

Hagar has a post up this morning. I’ve got an article in progress, but I need to finish out some work related things before I can finish my GFZ post.

On the mostly good news, I was able to track down my citeserver issue(s).

Here’s an example citation: [xCite item="LPGQXCDT" para=7 pos=2]. This says to add a citation to that particular item with a locator a ¶7. All well and good.

The problem is that the form that I get my data isn’t quite right. It is a little bit off. I was working on fixing it when I found tools that would do it for me. Of course, they didn’t work. I fixed them.

From there I was finally getting citations. One of the big reasons for this is to allow me to use Id. and short forms easily. That part wasn’t working.

Back to the supplied code. After three days, the debug output showed me that I was getting the correct answers. Just like the documentation told me to expect.

And while looking at the provided code… They are throwing away all the excess results. Even though my code was producing the correct results, their code was throwing it away.

That’s been fixed. I have citations doing most of the correct things. What’s left for me to do is to fix up the actual citation description to work correctly for GFZ. I’m getting there.

The amount of work I’ve invested in this might seem out of keeping for the return, but it is a pain trying to do all the correct copy paste. This just works.

Case Analysis Legal

Renna v. Bonta, 9th Cir. CA Unsafe Handgun Act

May 31, 2023 awa 4 comments


B.L.U.F. A look at the state’s appeal to the Ninth Circuit court. The District Court granted a preliminary injunction blocking part of the California roster infringement.

The Question

As you read different case filings, you quickly find that the parties are supposed to respectful and polite. Much like a congressional representative says, “My friend from the other side of the aisle is concerned about a fantasy.” Rather than “She’s moon bat crazy.” When you find language that is pushing the boundaries of respect, it pops.

Whether the district court abused its discretion in granting Plaintiffs’ motion for a preliminary injunction against enforcement of public safety requirements that new semiautomatic pistols must satisfy to be available for retail sale—a chamber load indicator, magazine disconnect mechanism, and microstamping capability— and against enforcement of the Roster removal requirement that aims to reduce the proportion of semiautomatic pistols on the Roster that lack these features.
—Lana Renna v. Rob Bonta, No. 23-55367, Doc. 13 (Court of Appeals for the Ninth Circuit), at 15

It is showing a level of disrespect to the District court to say they “abused its discretion”. I’ve seen this phrased, more politely, as “the district court errored”. This is not a good look in a court filing.

State’s Justification for the Roster

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When Self Defense is a Crime

May 29, 2023 awa 2 comments

The transit system said Fullard didn’t properly deescalate the situation and was not allowed to bring a gun to work.

The transit system says that the drive is now “off the job”.

The bus driver was doing his job when Omarri Tobias decided that he wanted special treatment. That is, he wanted to get off the bus between stops.

When the driver didn’t comply with his wishes, he pulled a gun.

At this point, it is a self-defense situation.

According to ABC News, Tobias “appeared” to point a gun at the driver. Hmm, I don’t care if you are pointing a gun near me or at me. You have drawn your gun as a threat to me. I’m going to shoot you until you are no longer a threat.

Both people were injured. The driver suffered a wound to the arm. The thug took at least one round to the abdomen.

Unfortunately, the driver will get the full legal treatment, as he continued to shoot as Tobias crawled and ran off the bus.

The Charlotte Area Transit CEO, Interim, says We don’t want anyone possessing weapons on our vehicles. As always, the guy sitting in the office with security at the front door wants you to be disarmed. Hoping that if you give up your dignity, your money, or just comply, the evil thug won’t kill you just for laughs.

Caught on camera: Argument turns into shootout between bus driver, passenger
Other passengers were caught in the crossfire.