B.L.U.F. Trial is held, state asks for a Judgement

Recent History

On June 1, 2023, the judge revised his order and granted the defendants (bad guys) motion to dismiss as-applied challenges to Ballot Measure 114. The state argued, and the court found persuasive, that since the permitting provisions are not implemented yet, there is no violation. The plaintiffs (good guys) are allowed to refile once the permitting provisions are actually implemented.

There are two types of challenges, “as-applied” and “facial”

The Court’s order says that there is no violation of the plaintiffs’ rights because nothing has happened. To use a different type of example, consider a suspect that is being interviewed regarding a crime. He asks for a lawyer, but the cops keep asking him questions.

There is no constitutionality issue regarding the police interviewing suspects. If the suspect challenges that there is a constitutional issue, it is only his rights that were violated, not yours, not mine. This would be an “as-applied” case.

As-applied cases normally do not have far-reaching implications. On the other hand, sometimes they do: —Miranda v. Arizona, 10 Ohio Misc. 9 (Supreme Court 1966)

The other side of the coin is the “facial” challenge. In a facial challenge, the entire law or regulation can be found to be unconstitutional. This is one of the issues the government is arguing in —United States v. Rahimi, 61 F. 4th 443 (5th Cir. 2023). Rahimi was convicted for being a prohibited person in possession of a firearm. He had a domestic violence restraining order against him, which made him a prohibited person.

Rahimi’s lawyers made a facial challenge against —Unlawful Acts, 18 U.S.C. § 922 sec. g (U.S. 1968). The 5th Cir. found for Rahimi. The state would like this to be an “as-applied” because that would mean it the ruling doesn’t extend to anybody else.

The Question

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…but this made me laugh.

Young readers, that is wife material right there.

We old farts remember how Gorby was lionized as a humanitarian and good overall fellow by the Democrats and the Media while Reagan was the evil one that would lead us into Armageddon.

Treat Williams (1951-2023)
R.I.P.

Today’s tune is brought to you by the Blue Haired Faerie. She of the M3 grease gun.

NASHVILLE, Tenn. (WKRN) — A man was shot and killed outside of a Demonbreun Street nightclub over the weekend and Metro police said two security guards were behind the deadly gunfire.

The guards told police they were defending people nearby, but now the victim’s family is speaking out about the shooting, saying he died protecting his family.

Police said 33-year-old Patrick Charles was inside Vibes nightclub with his sister and his sister’s boyfriend when the sister and the boyfriend reportedly started arguing.
…
That’s when Patrick’s mother, Sandra Booker, said the boyfriend became angry because her daughter wouldn’t leave with him.

“He gets in his car. He tries to pull off, so he shoots at my son’s car,” Booker said.

Police have not yet confirmed that the boyfriend fired any shots.

“My son jumped out immediately, and that’s when he fired shots in the air. He was trying to scare him to protect his sister and his fiancee,” Booker said.

Family of armed man shot, killed by security guards outside Demonbreun Street bar want justice (wkrn.com)

And here is the news clip video of the report including images of the incident:

This news is chockful of juicy examples of stuff to avoid, the ease that people have lying for whatever they want and why you never trust the Media.

Let’s begin with location: “A man was shot and killed outside of a Demonbreun Street nightclub.” The inference was that the poor victim was mowed down outside the Vibes club, but there is no parking lot in the club but way down the block (yellow arrow).

The big building seen in the photo is of an apartment building and the small house is a vape shop from where the guards seem to have shot Mr. Charles.

Let me re-quote mom who is “narrating” the video:

“He gets in his car. He tries to pull off, so he shoots at my son’s car,” Booker said.

Police have not yet confirmed that the boyfriend fired any shots.

“My son jumped out immediately, and that’s when he fired shots in the air. He was trying to scare him to protect his sister and his fiancee,” Booker said.

The car passes by the group and body language suggests nobody is surprised or startled at the alleged shot taken by the boyfriend.

But when Charles does go pew-pew, you see the females reacting and directing their attention at the source of the noise.

That was a reckless shooting. Mr. Charles was shooting at nothing but a general direction without the presence of any reasonable threat of death or grave bodily harm. As usual, we have a family member trying to come up with an excuse to justify bad actions by kin. He was pissed off at the Boyfriend-In-Law who possibly said something nasty on his way out and the response was to pull a gun and shoot like it was a bad gang movie.

The video part showing the security guards seems to also suggest they only reacted at the shots fired by Mr. Charles, but what it is shown is too short to be sure. And since this is Nashville and I am still not even remotely familiar with the local jurisprudence, I cannot tell you if their actions were legally justified. They may have been, but indictments are only a Ben Crump away.

I have said many times that Ego will get you killed. Here is a clear example IMHO.
And about the lies? I think David Simon wrote it best.

“Everyone lies. Murderers lie because they have to; witnesses and other participants lie because they think they have to; everyone else lies for the sheer joy of it, and to uphold a general principle that under no circumstances do you provide accurate information to a cop.”
― David Simon, Homicide: A Year on the Killing Streets

Teens Hospitalized After Machete Attack During Argument In Lakewood

Authorities are investigating what led up to an apparent machete attack in Lakewood that sent one teen to a trauma unit due to blood loss and left two other teens hospitalized, Lakewood police said Monday.

The teens told police they had gotten out of their vehicle during an argument with people in another vehicle at the intersection of Ocean and New Hampshire avenues, Staffordsmith said. The victims told police they were attacked by two people with what is believed to be a machete during the confrontation at the intersection, he said.

One of the victims suffered substantial blood loss and was flown to Robert Wood Johnson University Hospital in New Brunswick for treatment, he said.

Big knives make big wound which bleed a lot.

There is no mention of limb loss, but that’s always a possibility with machetes and other big blades.

When it comes to big knives, the best defense is distance.  Stay away from them.

New Jersey sucks for gun rights, but if you live in a free state, always bring a gun to a machete fight and stop the attacks at safe distance from your body.