Gun Free Zone

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

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BIG WIN IN CALIFORNIA

Mar 20, 2023 J. Kb 4 comments

Federal judge blocks key parts of California handgun law

A federal judge on Monday blocked key provisions of a California law that drastically restricts the sale of new handguns in the state, saying parts of the legislation violate the Second Amendment.

U.S. District Court Judge Cormac Carney, sitting in Santa Ana, wrote Monday that California’s requirements for new handguns are unconstitutional and cannot be enforced. Because of these restrictions, Carney wrote, no new models of semiautomatic handguns have been approved for sale since 2013 and Californians are forced to buy older and potentially less safe models.

In California, state law requires new handguns to have three components: A chamber load indicator, which shows whether the gun is loaded; a magazine disconnect mechanism that will stop the gun from firing if the magazine is not properly inserted; and microstamping capability so law enforcement can more easily link spent shell casings to the guns they were fired from.

“No handgun available in the world has all three of these features,” the judge wrote. “These regulations are having a devastating impact on Californians’ ability to acquire and use new, state-of-the-art handguns.”

Hahaha, fuck yeah!

California’s handgun roster is unconstitutional because it exists to prohibit access to guns since microstamping is impossible technology.

After 10 years of attempted development, nobody has ever made it work.

The intention was to let older models phase out and not be replaced by new models until the available handguns in California was effectively none.

The judge saw through that and shot the roster down.

Hopefully California will lose on appeal, ot not be able to mount one in two weeks, and law abiding Californians can start buying new guns.

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California prepares to damage the supply chain some more

Mar 20, 2023 J. Kb 3 comments

 

That’s fucking stupid.

From the article in the Tweet:

The Biden administration will approve new California rules to cut tailpipe pollution and phase out sales of diesel-burning trucks, according to three people briefed on the plans, a move that could jump-start the nation’s transition to electric-powered trucks and help communities harmed by diesel pollution.

The Environmental Protection Agency intends to grant California “waivers” to enforce environmental rules that are significantly tougher than federal requirements and that state regulators have already approved, said these individuals, who spoke on the condition of anonymity because the announcement was not yet public.

The rules could also have national significance. Six other states, which together with California represent about 20 percent of the nation’s heavy-duty vehicle sales, have already committed to follow California’s tougher standards. But because of the way the Clean Air Act works, California and those other states cannot put their plans into action until the EPA grants the state a waiver.

California’s new policies include stricter pollution limits for heavy-duty vehicles — such as delivery vans, garbage trucks and 18-wheelers — that require them to cut emissions of nitrogen oxide and particulate matter. These rules would apply to vehicles beginning with the 2024 model year, three years ahead of the administration’s latest regulations, which start with the model year 2027.

Another rule sets new sales requirements for truck makers. Beginning next year, manufacturers will have to sell increasing percentages of zero-emission trucks, buses and vans annually, eventually reaching a target of selling all-electric or hydrogen fuel-cell trucks by 2045. State officials estimate the rule would reduce emissions of carbon dioxide by 307 million metric tons by 2050.

What is left out is that the technology to produce electric trucks with the range and capacity of diesel trucks doesn’t exist yet and that California doesn’t have the electricity infrastructure to support ot if it did.

New electric-powered trucks cannot be built at the replacement rate required by the law.

California will essentially hobble the supply chain of goof coming into California ports and of good grown or manufacturered in the state.

Crashing the supply chain on the western half of the country is a small price to pay to accomplish nothing.

 

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If your gun is locked away, you don’t have a gun.

Mar 20, 2023 Miguel.GFZ 3 comments

Seal Beach, California — On Monday, January 16, 2023, at approximately 9:36 p.m., officers from the Seal Beach Police Department responded to a call for service in the 100 block of Old Ranch Road regarding a suspicious person in front of a residence. When officers arrived, they located 47-year-old Michael Bernard Emch Jr. within the fenced-off patio area of one of the homes. The person who called the police to the home identified Emch as her ex-partner, who she had a restraining order against. Police later confirmed Emch was in violation of a restraining order. Emch told officers at the time that he was asked to go over to the home to pick up money that was owed to him, but the officer explains to him that the person he was there to see told police she wasn’t expecting anybody. As Emch exits the patio, the officer points his gun at him and tells him to put his hands up, but Emch refuses and says he’ll just leave and “go the other way.” When the officer tells him he’s not allowed to leave, Emch asks for a staff sergeant, but the officer ignores him and tells him to sit down. Instead of sitting down, Emch turns his back to the officer, holding his left hand up and his right hand in his pocket. Emch then starts walking back into the patio, but an officer Tased Emch before he could fully cross the patio door threshold. “What’s that?” the other officer asked Emch. Emch reached into his pocket and pulled out a gun, which police later said was loaded. That’s when the officers fired more than a dozen times at Emch. “Finish me off,” is what Emch tells the officers, instead an officer tells him to “shut up.” After the shooting, police officers transitioned to providing lifesaving efforts to the suspect. Emch was transported to a local hospital where he was declared deceased. A firearm was recovered from the scene. There were no physical injuries to Seal Beach Police officers as a result of the incident.

 

The really scary part is during the 911 call. The woman was at home with 2 kids and a nutcase asshole trying to kick her door in. She is relaying all the information to the operator and then she drops this bit:

The door apparently held enough to keep the ex-partner outside for the cops. Or maybe the fat ass did not have a lot of energy to finish the job. The point is she is alive out by pure chance, not design.
I hope she realizes the deadly failure of motherhood she almost had and changes her pattern of defense.

Once again, with feeling

If your gun is locked away, you don’t have a gun.

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Soukaneh v. Andrzejewski why is it of interest?

Mar 20, 2023 awa 4 comments

Having finished Soukaneh v. Andrzejewski: CT Is a Gun Probable Cause for a Search? I had a long think as to what the Second Amendment implications were. It doesn’t seem to directly relate to Second Amendment issues.

First we have a situation where a cops qualified immunity was stripped from him at the district court level. This is huge. It happens so seldom as to make the news almost every time it happens. Second it is a balancing question regarding “officer safety” v. our right to be left alone.

The controlling case law seems to be Terry v. Ohio, 392 US 1 – Supreme Court 1968.

In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, the Court found that the officer acted on more than a “hunch” and that “a reasonably prudent man would have been warranted in believing [Terry] was armed and thus presented a threat to the officer’s safety while he was investigating his suspicious behavior.” The Court found that the searches undertaken were limited in scope and designed to protect the officer’s safety incident to the investigation.
— Terry v. Ohio – Oyez

The gist of a “Terry Stop” is that upon reasonable suspicion(Note that this might not be the correct term, IANAL) an officer of the law can stop and briefly detain and frisk a person looking for weapons, “for officer safety”.

The courts, over time, have established pretty good case law in regards to Terry Stops. It is clear that the “frisk” can not be intrusive. For example, an officer can not remove your wallet from you and remove your ID from that wallet during a “frisk”. If the officer does detect a weapon during the frisk they can do other things for officer safety.

The question in this case was would a reasonably prudent man have been warranted in believing that the plaintiff (good guy) was armed and presented a threat to the officer’s safety. Id. quoting Terry

In my state and most reasonable states a person who is friendly and present a permit to carry is assumed to be on the “right side of the law.” The possession of the firearm is a normal thing. If there is no other interaction that should be enough to remove presented a threat to the officer’s safety Id. from the equation.

In this case the officer admits he went past the bounds of a Terry Stop. He argues that because he hadn’t verified the permit that he was justified in assuming that the firearm was illegally possessed in a car and that allowed him to continue his warrantless search.

Post Bruen we should be seeing more permits issued and more people legally carrying firearms. It then becomes a cultural issue of teaching the public and officers to not over react when they see a firearm. In places like NY, CT, NJ, and CT that is going to take a long time.

Years ago in Maryland we were driving a two lane back road to a friends home. We passed a person walking on the shoulder of the road with a long gun. I mentally identified the guy as a “hunter” and didn’t think anything of it.

About two hours later we were on our way back home and about the same place as I had spotted the hunter there were a half dozen cop cars and lots of cops. The hunter was sitting on the side of the road in cuffs and it looked like a search was underway.

Turns out that he was a hunter, he had left the woods and was just walking back to his car in the easiest way possible.

The culture of Maryland was that a person with a gun was bad. Orange cap and bolt action rifle wasn’t enough to make it the default that he was a good person. The default is always that owning a gun or having a gun on your person meant that you were bad.

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Living in a Blue city is mental illness

Mar 20, 2023 J. Kb 3 comments

There is no doubt that to be a dedicated resident of a large, Left leaning, urban metropolis, a person must be mentally ill.

An individual in the San Francisco Bay area recounded the reality of some coworkers having their property stolen out of their vehicle.

 

This is factually accurate.

Car break-ins are an epidemic in San Francisco.

The police do nothing to stop them and the people who do it are not prosecuted.

The law is so ridiculous that a smashed window and broken glass on the ground is insufficient evidence that a car was broken into.  The owner of the vehicle has to testify in court that they locked the car.

This, like retail theft, has turned car break-ins into organized crime.

There are open air bazaars where stolen items are sold or they are sold on eBay and Amazon.

It’s big business.

It needs to be stopped.

How did one San Francisco lawyer and former San Francisco public defender respond to this?

 

He belittles the victims of crime as weak and overly sensitive while asserting that being the victim of crime is just the sort of normal thing that happens to city dwellers and that they just need to get over it.

Worrying about crime that costs people tens of thousands of dollars in single incidents is exactly why people fled to the suburbs.

The ones who stayed in the cities have to be mentally ill to think that is normal, let alone a sign on toughness and resolve.

I’m reminded of this scene:

This description of New York City as a prison applies to every metropolis.  These people are institutionalized to love the city that abuses them.

Clearly these places are too far gone to be saved.

I think we should just bring the prison to a close and wall the cities off so the inmates can’t escape to ruin everywhere else.