Month: September 2023

I posted…

Friday was the first time I’ve driven further than the end of my driveway with a trailer. I had to take my lady to fetch said trailer. It was under a pile of garbage that smelled as bad as you think.

Took it home, got it loaded, well, my lady got it loaded, I was working. Drove to the other side of the state, helped her unload and dropped the trailer there. Drove home.

I got home just in time to get a call from my lady that she had forgotten some important supplies, food for 200+ people for Saturday’s lunch. Daughter was willing to drive it out to my lady, but she’s under the weather, and it was already late.

That meant I had to do another long trip out to my lady to deliver the missing food stuffs.

I’m exhausted. I wanted to write about Judge St. Benitez.

The short of it is that in 2017 Judge Benitez created freedom week. A whole week in which the people of California could buy modern ammunition feeding devices. The state asked for a stay pending appeal. That was granted. End of freedom week for the people of California. A 3 judge panel of the Ninth Circuit heard the appeal and ruled for The People, upholding Benitez’s ruling. The state appealed to the full Ninth Circuit and was granted an en banc hearing. There they found for the state and stayed the injunction.

Duncan appealed to the Supreme Court, where it sat in limbo until July 2022. The Supreme Court then Granted cert, Vacated the ruling of the Ninth Circuit, and Remanded the case back to the Ninth. The short form of this is GVR.

The Ninth, instead of saying “yes boss” and vacating their bad ruling, instead sent the case back to the district court. For more “fact finding under the new Bruen status.”. One of the dissenting judges noted that the Ninth should have just made the ruling because there is no way the case wouldn’t end up back at the Ninth.

Noon of September 22nd, 2023, Judge Roger T. Benitez entered his decision finding for the plaintiffs (good guys). I’ll write about his opinion shortly.

4.5 hours later, the state had their appeal before the Ninth.

The injunction is stayed for 10 days, so the state has until the first or second week of October to get the Ninth to issue a stay pending appeal.

For the gun banners, the best possible course of action would be for the Ninth to deny the appeal. That would leave this as a district level ruling and not binding case law for the Ninth.

Am I the only one thinking this?

Every time I see videos like this, I think “how come nobody just walked to the vehicle and stabbed the daylights out of a couple of tires.”
It will not stop them, but it would be fun to see the car/truck driving away ruining wheels and possibly more. Also easy for the cops to find.

California gun bans getting it good and hard

Back in March, a judge ruled against California’s handgun safety requirements which prohibited new guns from being put on the roster in California.

Now, a judge has ruled against the high capacity magazine ban.

Federal judge again strikes down California law banning high capacity gun magazines

California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. Democratic U.S. Attorney General Rob Bonta has already promised to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has truck down California’s law banning high-capacity magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

But last year, the U.S. Supreme Court set a new standard for how to interpret the nation’s gun laws. The new standard relies more on the historical tradition of gun regulation rather than public interests, including safety.

The Supreme Court ordered the case to be heard again in light of the new standards. It’s one of three high-profile challenges to California gun laws that are getting new hearings in court. The other two cases challenge California laws banning assault-style weapons and limiting purchases of ammunition.

Benitez ruled “there is no American tradition of limiting ammunition capacity.” He said detachable magazines “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”

“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’”

Good.

I hope the Bruen and other decisions keep piling up until onr day it will be legal for me to buy a submachinegun on a 4473 and carry it concealed without a permit down Rodeo Drive.

Fuck the Blue

Every day it seems that the police give me a reason to hate them more.

Take this shooting.

 

The guy was covered from multiple angles.

One officer shouts “gun.”

Instantly, every trigger happy dumb fuck with a badge starts screaming different instructions.

The loudest is “get down.”

The fuck sort of instruction is that?

Get down.  Do it.  Stand up and then get down on the ground.

Did you drop your hands first?

That’s because the national inclination of people is to put their hands on the ground and lower themselves.  Getting down with your hands up using only your legs is awkward and can be difficult.

So they gave him at least one order that caused a guy with his hands up to put his hands down and they shot him in the back.

Multiple instructions shouted at once.  At least one bad and difficult to comply with instruction.  Almost instant going to shooting.

This was terrible.

Now consider yourself in this situation.

You’re not a criminal.  Just a guy with a carry permit, lawfully carrying, and maybe the cops confuse your car with another or some other shit happens.

What do you do to keep from dying?

Do you think if you say, “I’m confused, what do you want me to do,” they won’t shoot you in the back for not complying?

Of course they will.  You hesitated in their life and death version of Simon Says, and now you’re in the morgue.

Cops should be punished for this, but they won’t.

I’m not backing the blue when they do shit like this.  Fuck ’em.

 

A Moral Dilemma

(2000 words)

Conviction on a felony is generally a sign of poor judgement. Significantly poor judgement that punishment by the State is warranted. What that tells me is the person convicted of a felony is… well… not exactly going to be a responsible and law abiding gun owner.
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But… there are so many exceptions to that rule that it cannot really be called a rule. Non-violent felonies, drug addicts that have been clean for year, etc… etc… etc… is it appropriate to institute a lifetime ban on gun ownership because of stupid actions taken years ago? Is there a human alive that did not do stupid crap as a teen?
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If you have a rap sheet as “long as your arm.” I kind of think you should be barred from legally purchasing a gun. On the other hand, if you have a single conviction, I am going to say… it depends.
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While I would very much like to see all restrictive gun control laws stricken from the books, I would be quite happy to see some of them loosened up a bit, and if it starts by re-defining what constitutes a prohibited person, I say good!
— CBMTTek
Unfortunately, Criminal Recidivism is a real thing. Like the majority re-offend.

I have no problem with granting civil rights back to felons and criminals after they have served their time, including any parole or probation, and several years have elapsed. Start with voting rights after say two years? Gun rights after five?

One exception should be repeat offenders. Maybe the answer is they can only apply for restoration of rights once? Or maybe the second time is only after 10 or 20 years of crime free life.
— rd

For a long time, I attempted to split the baby. I wanted our Second Amendment protected rights to be free from infringement. At the same time, I could see that there were certain common-sense restrictions on certain people owning guns.

My ability to accept “common-sense gun restrictions” evaporated when the term “common-sense” was usurped by the gun control extremists.

It then became, “Gun control means being able to hit your target, every time.”

At this point in my life, I’m a Second Amendment absolutists. “What part of ‘shall not infringe’ don’t you understand?”
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