Month: October 2023

The State of the State’s Arguments


B.L.U.F.
A long look at what the state is arguing. It has become repetitive. We continue to examine each filing made by the state, looking for some new argument.

The best I’ve found is “oh, look at what all the district courts in infringing states have said!”
(3000 words)


Four-hundred ninety-four days ago, the Supreme Court slapped down the infringing states, “may issue” game. The Supreme Court emphasized that the two-step shuffle of means-end was not acceptable. They commanded that the inferior courts use text, history, and tradition when analyzing a Second Amendment Challenge.

The Bruen opinion calls into question every gun-control infringement in the country. The states, not happy with being forced to issue CCWs, responded with Bruen Tantrum Bills. These bills were intended as direct challenges to the Supreme Court.

Since then, there have been hundreds of Second Amendment challenges filed. Both as civil suits and as criminal defenses.

The State’s Starting Point

The states start by looking at the Heller, McDonald, and Bruen opinions. They are looking for any openings to support their infringements.

Their go-to citations are:

  • The Second Amendment is not a straight-jacket
  • We are aware of no dispute over longstanding regulations
  • We presume that laws regulating NFA items are constitutional

Since the Supreme court did not explicitly say that there are no constitutional regulations on firearms, that means there must be constitutional limits. It is the task of the state to find those constitutional regulations.

The Plain Text

In Heller the court spent many pages defining exactly what each word and phrase in the Second Amendment meant. Every. Single. Word.
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The Gun Export Ban is not such a big deal

WASHINGTON (Reuters) -The U.S. has stopped issuing export licenses for most civilian firearms and ammunition for 90 days for all non-governmental users, the Commerce Department said on Friday, citing national security and foreign policy interests.

The Commerce Department did not provide further details for the pause, which also includes shotguns and optical sights, but said an urgent review will assess the “risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities.”

The Commerce Department declined to comment beyond the posting on its website.

US halts exports of most civilian firearms for 90 days (msn.com)

Some people are running around with their hair on fire about this. Calm down, there won’t be a shortage of gun inside the country not only because only affects exports but because they are only about 3.5% of the manufacturing business.  According to the ATF in 2021 13,804,919 firearms were manufactured in the US and only 458,684 were exported. That is about half a month of retail sales in the US.

Of course, if you must buy another gun, please feel free to add to your collection. Do let us know what you got. 😀

The J.Kb Dept of Ed

This was my morning on X.

 

This is a university grader and a teacher saying how they teach 2+2=5, and I’m mentally ill and defective because I refuse to accept their untruth as reality.

I’m not going to end the Department of Education like other Republicans want to.

I’m going to fire them and replace them with a Right Wing goon squad.

Any teacher who teaches 2+2=5 will be dragged out of the classroom, into the quad, and shot.

My two Tom Hanks movies.

He has done many great movies both comedies and drama, but there two were somewhat not that well accepted/acclaimed.

This was his first dip into drama even though it was billed as a comedy. And acting counterpart to the giant Jackie Gleason and Hector Eliozondo being his Greek Chorus makes for an amazing movie about finally becoming an adult.

Next:

How good is this movie? I grew up without Mr. Rogers. I had no idea who he was till I was in my 20s and then I dismissed him as a Children’s show.  The portrayal of Mr. Rogers and specially what he represented is just spectacularly moving.

Everything else he did will fit nicely in between these gems.

Andrew Hanson v. DC Amicus Briefing (magazine ban)


B.L.U.F.
Multiple states filed an Amicus Brief in the magazine ban out of the District of Columbia. They use the same old arguments. There are a few interesting bits of lawyering, things to pay attention too. All of this is designed to shave the corners of a square peg to get it to fit through the round hole authorized by Heller and upheld by Bruen.
(2350 words)


It gets tiring reading the same tired arguments from people that will not admit that what they want and what is Constitutional are two completely unique things.

Every one of these infringing bastards starts with some version of: The Supreme Court said that some infringements are allowed, this infringement is one of them. I’m just surprised that they haven’t mentioned straightjackets in the first paragraph.

Part of the problem is that the Supreme Court has said that reasonable firearms regulations” can exist within the protections of the Second Amendment.

the States have adopted a variety of restrictions on weapons and accessories that are not in common use for self-defense.Andrew Hanson v. DC, No. 23-7061 (D.C. Cir.) What is this “reasonable firearms regulation”? A complete ban on magazines holding more than ten rounds.

As has been pointed out by multiple sources, the fact that the states can’t decide what the round limit should be, indicates it is arbitrary.

the District’s LCM provision preserves the right of law-abiding, responsible citizens to use firearms for self-defense.id. The interesting part of this is that they cite to Heller II. The state claims that parts of Heller II were abrogated by Bruen.

This, of course, means that they get to keep whatever they want.
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