Gun Free Zone

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

Month: November 2023

Case Analysis Legal

Robert Bevis v. City of Naperville (7th Cir., 23-1353)

Nov 3, 2023 awa 3 comments

Legal Case Analysis
B.L.U.F.
The Seventh Circuit court has decided that English is not their strong point, nor is logic, nor is following the Supreme Court’s orders. Short version. More to come.
(525 words)

The present cases, which we have consolidated for disposition, relate to the types of “Arms” that are covered by the Second Amendment. This presents a line-drawing problem. Everyone can agree that a personal handgun, used for self-defense, is one of those Arms that law-abiding citizens must be free to “keep and bear.” Everyone can also agree, we hope, that a nuclear weapon such as the now-retired M388 Davy Crockett system, with its 51-pound W54 warhead, can be reserved for the military, even though it is light enough for one person to carry. Many weapons, however, lie between these extremes. The State of Illinois, in the legislation that lies at the heart of these cases, has decided to regulate assault weapons and high-capacity magazines—a decision that is valid only if the regulated weapons lie on the military side of that line and thus are not within the class of Arms protected by the Second Amendment. Several municipalities have done the same. The plaintiffs in these cases challenge that conclusion. Using the tools of history and tradition to which the Supreme Court directed us in Heller and Bruen, we conclude that the state and the affected subdivisions have a strong likelihood of success in the pending litigation. We therefore affirm the decisions of the district courts in appeals No. 23-1353 and 23-1793 refusing to enjoin these laws, and we vacate the injunction issued by the district court in appeals No. 23-1825, 23-1826, 23-1827, and 23-1828.
—ECF No. 170 - Robert Bevis v. City of Naperville, No. 23-1353 (7th Cir.)

The Seventh Circuit court has gone rogue, again. Bruen tells us that the first step is to show that the conduct that is being restricted implicates the Second Amendment.

The Seventh Circuit says that it does. They say that in the very fact that they are discussing the Second Amendment, Heller and Bruen.

From there, the next question to ask is, “Is this a ban of a particular type of arm?” Yes, it is. They are regulating “assault weapons”.

If the modern-day regulation is a ban, the Heller court has completed the second step of the analysis: Is there a history and tradition of regulating arms in common use today?

The Supreme Court said that there is no history and tradition of banning arms in common use today.

They then explained that for an arm to be outside the protections of the Second Amendment, it must be both unusually dangerous and uncommon. In Caetano the Supreme Court set the threshold of “in common use” at two-hundred thousand.

If the more than two-hundred thousand items of that type of arm are in common use for lawful purposes, the modern regulation is unconstitutional.

There is no “military use” criteria. To use their wild example, the Davy Crockett weapon system is not in common use. There were not two-hundred thousand of them made. Not even that many warheads.

The Seventh Circuit has gone rogue because they arbitrarily decided that certain arms aren’t protected by the Second Amendment because the legislators said they weren’t.

Bibliography

District of Columbia v. Heller, 467 U.S. 837 (2008)
Mcdonald V. Chicago, 177 L. Ed. 2d 894 (2010)
Caetano v. Massachusetts, 136 S. Ct. 1027 (2016)
New York State Rifle & Pistol Assn., Inc. V. Bruen, 142 S.Ct. 2111 (U.S. 2022)
ECF No. 170 - Robert Bevis v. City of Naperville, No. 23-1353 (7th Cir.)
The Constitution of the United States: A Transcription, National Archives, (last visited Jun. 25, 2023)
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Massie is a cunt and I hate Libertarians

Nov 3, 2023 J. Kb 19 comments

Congress passed H. Res. 798:

Condemning the support of Hamas, Hezbollah, and other terrorist organizations at institutions of higher education, which may lead to the creation of a hostile environment for Jewish students, faculty, and staff.

Here is what the bill does:

Resolved, That the House of Representatives— (1) condemns the support of Hamas, Hezbollah, and other terrorist organizations at institutions of higher education, which may lead to the creation of a hostile environment for Jewish students, faculty, and staff; and 

(2) urges the Secretary of Education to direct  the Office for Civil Rights to investigate and, where appropriate, take action immediately.

That’s it.

It doesn’t spend money.

It doesn’t create new branches of government.

It condemns antisemitism and asks to investigate civil rights violations of Jews on colleges.

Twenty three members of the House voted against it.

Twenty two were Democrats, including the entirety of The Squad.

And one Republican, Thomas Massie.

Of course, Massie has some Libertarian principles that make it so he can’t condemn colleges supporting terrorism, the mass murder of Jews, and create hostile environments for Jewish students.

We can’t question those Libertarian principles that cause him to vote with The Squad on the topic of Israel and the Jews 100% of the time.

Sure, it was plausible that he was the lone Republican who didn’t support Iron Domrle because he doesn’t like to spend money.

But even when there is no money to spend and no foreign countries involved, just American Jews on American college campuses, he can’t bring himself to vote yes.

For years I have been aware of the undercurrent of antisemitism in Libertarianism.

Then I moved to New Hampshire.

The Libertarians have absolutely swallowed the “Jews secretly own and control the United States government” conspiracy theory.

 

 

You can’t tell Libertarians from Neo-Nazis when it comes to Jews.

But no, Massie doesn’t believe that, even though his supporters do, en masse.

His Libertarian Constitutional principles are why he voted with The Squad 100% on the Jews.

“Once is happenstance. Twice is coincidence. Three times is enemy action.”

This is his third vote this year in which he was the only Republican voting against Israel and/or the Jews.

That’s enemy action.

I’m calling it: Massie is a Jew-hating cunt.

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My ugliest honest opinion

Nov 3, 2023 J. Kb 12 comments

I have seen a lot of news about the number of Middle Eastern terrorism suspects that entered the US through our South border.

How they might propagate a 10/7 like attack in the US.

Good.  I hope they fucking do it.

These people tend to congregate in big blue Democrat cities.

The same big blue Democrat cities where Leftists and Palestinian supporters have been cheering on the deaths of Jews and saying Israel deserved it.

Okay then.

I hope that every big blue Democrat city Leftist who stands with Palestinie and has been tearing down posters of kidnapped Jews experiences every single atrocity that was done to Israel.

When they cry on CNN and say, “But I stood with the Palestinian, I don’t understand why they raped my wife to death and beheaded my children,” I will sit back, with a smile on my face, crack open a cold one, and say, “You fucking deserved it.”

By the millions, I hope it happens.

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Friday Feedback

Nov 3, 2023 awa 14 comments

Another week, another change. Hagar finally got me the new fonts. I am responsible for the final look in our header. If you don’t like it, you can say so. If you like it, that would be nice to hear as well.

It has been a long week at this end of the keyboard. The kids cars needed to have their yearly inspection. Blue Haired fairie’s car failed with an “exhaust leak”. That happened for two reasons. Our mechanic had to move on short notice, he is in a different town. He lost his phone number when he moved. We couldn’t find him.

Wife found him. I got an appointment. Ended up having to take kid’s car to be fixed and re-inspected. A few hundred dollars later, it was fixed and passed inspection.

Boy’s car was up later that afternoon. They told him that he needed brake work and new tires. They were getting ready to hand over the car when the left rear brake line let go. Unsafe to travel. I had to drive out to pick him up.

My wife’s car had an ECM failure so was at the dealership being fixed. I came out to find that I had a flat tire on the truck.

In less than 24 hours, 3 out of four vehicles were offline.

We made it through, wife’s care is back. My truck will have a replacement or repair done in the next day. My son’s car should be ready for pickup today.

On top of all of this, I got interested in a couple of my articles and ended up writing until 0100 on one night and 0130 on the next night. I’m running on short sleep right now.

Enough complaining. It is a beautiful day. I have lost enough girth that I can actually practice my draw. I’m working with a shot timer for the first time. I’m only doing 8 rounds a day. It gets me up and outside. All is right with my world.

Now if only the rest of the world was not charging headlong into violence.

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Mid-level Pogrom

Nov 2, 2023 J. Kb 11 comments

I have written about mid-level violence before.

Mid-level violence is the annoying little brother, “I’m not touching you.”

It’s physical harassment that is intended to intimidate and strip the dignity from a victim.

The victim cannot respond because when they do, the instigator can say, “Why did you hit me? I wasn’t touching you.”

The aggressor can then play the victim.

This happened at Harvard.

 

This is a mid-level pogrom.

They corralled a Jew. They blocked his escape as they yelled at him.

But… They didn’t actually beat him up.

It was intimidating and humiliating, but in a Liberal area of the country (Massachusetts), this isn’t enough to justify the use of force for self defense.  Not just with a gun, but any level of force.  If the Jewish student used pepper spray, he’d have gotten into more trouble than the aggressors.

This is going to increase in these Leftist areas because it’s an effective tactic.

It’s why I believe that mid-level violence should justify high-level violence.

Surround me and try to force me into being subjected to berating and harassment, and I should have the right to knock your fucking teeth out.

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The Two Platforms of 2024

Nov 2, 2023 J. Kb 5 comments

As anyone with an accurate knowledge of American history knows that the Democrat Party was the party of slavery, segregation, and the Ku Klux Klan.

After the Civil War, a theme used by Democrats in several elections was The Two Platforms. The Democrat platform for the white man and the Republican platform for the negro.

 

The Democrats ran on over racism to win elections.

Now, let’s jump to today.

From Fox News:

White House indicates people making ‘violent antisemitic threats’ not classified as ‘domestic terrorists’

The White House indicated Tuesday that people in the U.S. making “violent antisemitic threats” were not going to be classified as “domestic terrorists.”

The comments, made by National Security Council spokesman John Kirby during the White House press briefing, ran in stark contrast to parents concerned about their children’s education previously being described as “domestic terrorists” in a letter that prompted a directive from the Biden administration for the FBI to investigate.

“The people in this country making violent antisemitic threats. Are they domestic terrorists?” Fox News’ Peter Doocy asked Kirby.

Both the Biden Press Secretary and Vice President Harris deflected from questions about the rise of antisemitism after 10/7 to Islamophobia.

 

 

Here is a critical fact that makes this clear.

Biden’s support among Arab American voters plunges since Israel-Hamas war

President Biden’s support among Arab American voters has sharply decreased since the Israel-Hamas war, plummeting to dismal and unprecedented numbers.

Support for his upcoming reelection bid from Arab Americans dropped by 42 percentage points, from 59 percent in 2020 to 17 percent, according to a new poll conducted by the Arab American Institute.

Arabs/Muslims are one of the fastest growing demographics in America.

Jews vote overwhelmingly for Democrats, and that is unlikely to change severely any time soon.  Too many Jewish Democrats are Democrats first and Jews a distant second.

The Democrats’ political calculus makes it clear that the gain in Muslim voters by embracing antisemitism outweighs the loss in votes by Jews driven away by the Antisemitism.

We’re reaching a point where antisemitism is going to be as much of a Democrat platform as anti-black racism was in the 1860s.

I suspect we will see posters like this in the near future: