J. Kb

Hawaii is going to be the Mecca of suing gun makers

This is a new bill in Hawaii: HB426

Establishes standards of conduct for firearm industry members. Authorizes any person who has suffered harm because of a firearm industry member’s violation of the standards of conduct to bring a civil action. Authorizes the attorney general or any county attorney or public prosecutor to bring a civil action against a firearm industry member for violation of standards of conduct.

The devil is in the details and the details are how the State of Hawaii defines the standards of conduct.

“Firearm—related product” means a firearm, ammunition, a firearm precursor part, a firearm component, or a firearm 10 accessory that meets any of the following conditions:
(1) The item is sold, made, or distributed in the State;
(2) The item is intended to be sold or distributed in the State; or
(3) The item is or was possessed in the State and it was reasonably foreseeable that the item would be possessed in the State.

“Reasonable controls” means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
(1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under federal or state law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm—related product unlawfully;
(2) Prevent the loss or theft of a firearm-related product from the firearm industry member; and
(3) Ensure that the firearm industry member complies with all provisions of federal or state law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product.

§134-B Firearm industry members; standards of conduct.
(a) It shall be a violation of this part for a firearm industry member to fail to comply with any requirement of this part.
(b) A firearm industry member shall:
(1) Establish, implement, and enforce reasonable controls;
(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide to a downstream distributor a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in the State; and
(3) Not engage in any conduct related to the sale or marketing of firearm—related products that is in violation of this chapter.
(c) For the purposes of this part, a firearm—related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(d) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(1) The firearm—related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities;
(2) The firearm—related product is designed, sold, or  marketed in a manner that foreseeably promotes the conversion of legal firearm-related products into illegal firearm—related products; or
(3) The firearm—related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms.

Hawaii has effectively codified the Sandy Hook case into law.  If they decide that the way a firearm is marketed is attractive to children or prohibited persons, that is a violation of the law and makes gun companies liable.

They also say that “features render the product most suitable for assaultive purposes,” i.e., what they typically try to ban as assault rifle features, make the firearm abnormally dangerous and therefore make gun companies liable.  It doesn’t matter if these features are standard for a multitude of guns legal in a majority of states, Hawaii considers them abnormally dangerous.

Tie this together with the part of the bill that says “Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide to a downstream distributor a firearm-related product that is abnormally dangerous.”  A gun maker makes parts, those parts go to distributors and retailers.  Somebody buys a pistol grip or a barrel shroud or something else and puts it on their gun in Hawaii.  That, the way I am reading this, makes the gun company liable.  The gun company didn’t take reasonable precautions to stop a part that somehow magically makes the gun more assaultive from getting to a Hawaiian customer, and therefore can be sued.

Here is where this bill really turns to shit:

§134-C Violations; who may sue; relief.
(a) An act or omission by a firearm industry member in violation of this part shall constitute an actionable cause of action.

(b) A person who has suffered harm in the State because of a firearm industry member’s violation of this part may bring an action in a court of competent jurisdiction.

(c) In addition to any lawsuit filed against a firearm owner pursuant to section 663-9.5, the attorney general or any county attorney or public prosecutor may bring a civil action in a court of competent jurisdiction in the name of the people of the State to enforce this part and remedy harm caused by a violation of this part.

(f) If a rebuttable presumption is established pursuant to 21 subsection (e), the firearm industry member shall have the burden of showing through a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls.

(g) An intervening act by a third party, including but not limited to criminal use of a firearm—related product, shall not preclude a firearm industry member from liability under this part.

The firearms manufacturer is assumed to be guilty and must prove their innocence that they took reasonable precautions.

Even if the gun was used illegally, and possibly obtained illegally, the firearm manufacturer is still liable.

Pretty much this bill exists to make it possible for Hawaii to use the attorney general to engage in state-funded lawfare against the firearms industry with the deck stacked against it.  It is the antithesis of the PLCAA.

This bill will pass, the key will be it getting struck down.

Until then, brace for a flurry of bad faith lawsuits against gun makers.

It’s been the same shit for 40 years

I canceled my subscription to Fox Nation.  It renews at the beginning of May so before it expires I’m finishing up my watchlist.

Fox did a documentary series called Scandalous.  One two-part episode, titled  Subway Vigilante, was on the Bernie Goetz shooting.

The amazing thing about watching that is that it could have taken place last year, in terms of how the shooting was covered by the media and the politics involved.

Crime was at epidemic proportions in New York in the 1980s, largely due to a lack of policing and prosecution.  One of the facts that I learned was the Goetz had been previously mugged, beaten up, and his property stolen.  The mugger was arrested and charged with only criminal mischief.

This is exactly what we see today.  The lack of prosection and the pleading down of serious violent crimes to petty offenses by career criminals has led to crime waves in major cities across the country.

Goetz applied for a concealed carry permit in NYC and it was denied for lack of good cause.  This is important because in his first grand jury trial, he was only indicted for gun possession.  It stood out to me how tectonic the Bruen decision is and how vital it is that it is fully enforced in places like NYC.

After the first grand jury failed to indict him for attempted murder of the four people he shot, the Manhattan DA took another crack at it.  They offered the men shot by Goetz immunity in exchange for their testimony.  All the men shot by Goetz had extensive criminal records.  One was even in prison for assault, robbery, and rape at the time of the second grand jury.

The Manhattan DA had no problem not prosecuting violent career criminals and rapists, but had a huge grudge against a man who shot career criminals.

Between the first and second grand juries, the DA and the media tried and convicted Goetz in the court of public opinion.

The narrative went from a meek man who defended himself against four thugs on a subway to a white racist who shot four black boys.  It was largely on the basis of that narrative that they got the second grand jury to indict.

Every aspect of the Goetz media coverage and trial was present in Zimmerman and Rittenhouse cluster-fucks.

Citizens who defended themselves from career thugs, who ended up being accused of being racist murderers.

Another aspect that hasn’t changed is the way The Narrative rebrands self-defense as “taking the law into your own hands” or vigilantism.  It is fundamentally not vigilantism to use force to defend oneself at the moment of imminent bodily harm.  But by rebranding it that way, the people who support The Narrative can get ordinary citizens to turn against the idea of self-defense.

Again. something used against Zimmerman and Rittenhouse.

For forty fucking years Progressive politicians and The Narrative they push have been the same.

They don’t do anything to tamp down crime until an honest person shoots a career criminal, then that person gets the full weight of the law thrown against them.

Even though race played no role in the motivation for self-defense The Narrative will make the matter into one of white racism and black victims.

If they can’t convict you in court, they will convict you in the court of public opinion and ruin your life afterward.

There is so much detail that I’m glossing over, but I could probably sit down and write a book that compared the media and government tactics across the Goetz, Zimmerman, and Rittenhouse trials that without names, you couldn’t tell the difference between them.

Another case where CCW is appropriate for pit bulls

Pit bull mauls Portland runner outside vacant lot. She asks: Is Portland safe?

Cheryl Wakerhauser was out on her regular morning run Monday when a dog suddenly sprung from a fenced-off vacant lot along Southeast Hawthorne Boulevard and pushed her to the ground.

The brown pit bull viciously bit into her legs, right arm and back, leaving her with more than 35 puncture wounds.

The next day, after spending five hours in a hospital emergency department, she posted a photo on social media of her bloodied arm riddled with deep, jagged wounds and lambasted the city for not keeping people safe.

The short answer is: no, Portland isn’t safe, but not specifically because of pit bulls.

The reality is that it’s not within the city’s abiloty to keep people safe from loose dogs owned by homeless vagrants.

Yes, the city should do something about the vagrants, but they can’t be everywhere all the time.

You are your first and last line of defense.

Pit bulls are dangerous and a loose one can rip off limbs or even kill.

Carry everwhere and be prepared to shoot a pit bull.

Oregon is in league with Satan

‘Drag mom’ who mentored 11-year-old child drag queen at Satan-themed Oregon pub is sentenced to less than one year in prison for 11 felony child sex crimes

A ‘drag mom’ and former elementary school teacher has been sentenced to less than a year in prison after being convicted of felony child abuse crimes.

Kelsey Meta Boren, 31, pleaded guilty to 11 counts of encouraging child sexual abuse in the first degree last month.

She previously worked as a teacher for the Fern Ridge School District, in Oregon, but was suspended following the allegations coming to light last year.

Boren was sentenced to 330 days in jail at Lane County Circuit Court in March, which equates to 30 days for each charge.

Authorities say that she was arrested in August 2022 after officers carried out a search warrant at her home in Veneta.

Court documents reveal that they found evidence she had been uploading and exchanging child pornography on the internet on multiple occasions.

A freak and a pervert who traded in child porn and groomed a child into drag is serving less than one year in prison.

At this point I’m surprised he’s even going to prison.  I suspect it’s the minimum that he could be given to mollify the public.

Welcome to Oregon, where you can sexually molest and abuse children and get a slap on the wrist.

This is pure evil.

In contrast, Florida is doing God’s work and is about to start executing pedophiles.

If I have to choose sides, it going to be on the side of the angels who protect children, and not the worshipers of Baphomet who sexually abuse them.

 

Stalin with knockers

 

I guarantee that Tucker will end up with a podcast that has more subscribers that Joe Rogan and the only one who suffers financially from this is Fox News.

But the alacrity by which a government official celebrates the temporary loss of a platform by a mouthpiece she hates is terrifying.

Freedom of speech is fundamentally not a value she holds.

She is an authoritarian to the core.

She Guevara

Tyre Extinguisher Cowards

I have never understood the impetus to decide what other people need and should be allowed to own.

I’ve seen it in the gun world for my entire life.

“You don’t need an AR-15.  You don’t need a 17 round mag in your gun.  I’ll tell you what you need and stop you from owning what I think is excessive.”

We’re seeing it more and more in the car world.

“You don’t need a truck or an SUV.  You don’t haul or tow anything, so I’m going to stop you from owning it.”

Tyre Extinguishers is a group dedicated to that.

Eco-mob brags about deflating tires on luxury SUVs in Boston, leave patronizing notes for owners

According to the group, they are “defending” themselves “against climate change, air pollution and unsafe drivers.”

They even issued a press release to explain why targeting those they deem to be too wealthy is totally justified.

“The group took this action to render the large greenhouse gas emitting vehicles unusable, directly preventing the outpouring of emission from the vehicles into our atmosphere which further contribute to climate change and air pollution,” the statement reads. “Only large, luxury, gas powered SUVs were targeted by the group; no tires were deflated on electric or hybrid vehicles nor any vehicles with handicap signage.”

They were, they said, good enough to leave leaflets on the cars they vandalized “to inform the owners about why their vehicle was impacted, imploring them to stop using their SUVs and switch to public transportation, biking, or smaller compact electric and hybrid cars.”

Here is their celebration on Twitter.

 

They targeted Beacon Hill, one of the wealthiest and most Progressive areas of Boston, a very Blue city in a very Blue state.

Why?

Because they are a bunch of fucking cowards.

Do that in the South to some redneck’s lifted F-250 on 37 inch mud tires that are $800 a piece.

Hell, go into a working class neighborhood and do it to some construction worker’s pickup so he can’t get to the job site in the morning.

Get caught and I guarantee if they survive, it’s going to take a team of proctologists to remove the tire iron from the offending Extinguisher’s rectum.

The Mercedes G-Wagon driving banker who voted for Warren and Biden might feel that they deserved it.

The guy putting in 50 hour weeks pouring concrete or putting up drywall will want to murder someone.

I honestly hope these people do try and harass the wrong truck drivers.  It will thin the herd of assholes like this.