awa

Teaser: Petition for Cert

Petition for Cert.

As noted, Heller stated that the textual analysis focuses on the normal and ordinary meaning of the words in the constitutional text. Heller, 554 U.S. at 576. The plain and ordinary meaning of “arm” obviously includes all firearms. This is what Heller said. Id. at 581 (citing with approval a source that said that all firearms constituted arms.). Thus, it follows that the firearms banned by the State are arms within the meaning of the text.
Not so fast, says the Seventh Circuit. The word “arms” in the text includes some firearms but not others. And how does one discern the difference? The ordinary meaning of the text is no help according to the panel majority because the word “arms” in the Second Amendment has an idiomatic meaning that in the context of firearms includes only “firearms that are not too ‘militaristic.’” App. 42.
Of course, the panel seems to have drawn this line between firearms covered by the text and those that are not in an effort to cabin Heller as much as possible to its specific facts. But as then-Judge Kavanaugh wrote in Heller v. D.C. (“Heller II”), 670 F.3d 1244 (D.C. Cir. 2011), a line based on a desire to restrict Heller is “not a sensible or principled constitutional line for a lower court to draw.” Id. at 1286 (Kavanaugh, J., dissenting). Justice Kavanaugh was correct, and the panel majority’s approach to the text cannot be reconciled with Heller’s “plain and ordinary meaning” mandate.

There is much more. The gist is that the plaintiffs (good guys) are calling out the Seventh Circuit and the District court for refusing to follow Supreme Court instructions, as they are required, as inferior courts.

Tuesday Tunes

Edgar Allan Poe is one of the most famous American authors. I remember reading some of his works as a child and feeling the language spread terror.

His was a style, not of gore, but of anticipated suffering. The Pit and the Pendulum stuck with me, as did The Cask of Amontillado. But I think the one that I liked the best was The Raven.

The Storm Kit

Miguel talks about his hurricane kit. We have the storm kit.

The first thing we did in deciding what was needed for our storm kit was to determine what we were likely to experience, and under what circumstances.

There are three possible causes, winter storm, summer storm, social unrest.

The most likely is the winter storm. Summer storms are not as bad, in general.

Using the rule of threes, the first thing on the list is medical for a winter storm.

We have all of our medications at hand. Losing power doesn’t change that.

A massive part of the first requirement is hygiene. That is the ability to clean ourselves, clean our clothing, and to use the toilet.

If we can heat water, which we can, then we can clean ourselves. We have a propane gas kitchen stove, we have a propane burner for heating big pots of water, and we have wood to burn to make heat for heating water.

That would be enough for sponge baths. We also have solar chargers and a battery-powered shower unit. Fill a five gallon bucket with hot water. Drop the intake into the bucket. Press the button and hot water comes out the hand-held shower head.

Learn to take ship showers and 5 gals is more than enough.

We collect that water for flushing the toilet. We live at the top of a hill. There is enough “down hill” flow that we would not have to worry about back flow from the sewer lines. As mean and nasty as it might be, I know that there are houses down stream from us that would back flow, long before that shit got to us.

We have a manual washing station for clothing. Half fill a five gallon bucket with warm water, add a bit of wash soap. Use the plunger, agitator. 30 to 45 minutes of work later, you have clean clothes. We don’t have an easy way to get the water out, so that would be done manually. Painful, but not a showstopper.

We buy soap bars in bulk. I happen to use shampoo bars, which have great shelf life and are small. We have wash soap and can make more if needed. We’ve made soap in the past and can make more if needed.

In other words, some five gallon buckets, a recharging method, and a battery-powered shower head gives us our hygiene.

Our next item is shelter.

The power goes out! Everybody grab their Get Out Of Dodge Expeditiously (G.O.O.D.E) bag! We are going to live in the woods until the power comes back.

DOH! That’s not how it works. The best shelter we have is our home. It is water tight, wind tight, and insulated.

We still require some heat, but not as much as we would if we were outside in the elements.

First, we have convenient heaters. That is to say, we have both propane and kerosene indoor safe heaters. The kerosene puts out enough BTUs to heat most of the lower living area. It burns for about 10 hours on one fill.

The propane puts out heat, but I don’t like it. It is just another source of heat, if we needed it, from an alternative fuel.

We then have the wood stove. That is a primary heating method.

Finally, we have an H45 military heater. If I needed to use it, I would take the wood stove out of production to use its thimble for the H45. This thing will burn almost any sort of liquid fuel. In a worse case situation, I could pull fuel from the furnace fuel tank to run this thing.

Next in the rule of threes is water. We normally have 10 gallons of water in water cubes, ready to use in an emergency. We have the hot water tank for secondary needs. We have multiple large containers for gathering water in other ways. There is normally plenty of snow during the winter and there is the lake when it is not frozen.

The takeaway from this is that we have water, we can get water, we can filter the water to make it potable.

We have a couple of 250 gallon tanks that I’m going to setup for catching rain water. Those can be used for a source of water as well.

Food, we have lots of food put away. We can cook it on the stove, we can cook over a fire, it is easy enough to do. We have yeast and flour as well as wheat berries.

This is Hagar’s bread from the weekend. She made it at a 1700s even at a living museum. She baked it in a Dutch oven.

For tools, we have things that require power, but for the most part, we have backups that are manual and we have used all those tools.

You have to use the tools to know what they can and cannot do. As well as what you can, and cannot do.

My daughter gave me a hand generator to charge USB devices. It works. I can’t even put a 10 minute charge on my phone. My phone consumes more power than I can generate per unit time. On the other hand, the solar chargers do work.

A change in tone?

(650 words)

When I read the filings of the plaintiffs (good guys), it is almost always respectful of the state. They might discuss the challenged statute in negative terms, but there was always a certain level of respect for the state and the courts.

That seems to be changing.

As is attributed to the American philosopher George Santayana, “Those who cannot remember the past are condemned to repeat it.”

In drafting the so called “Protect Illinois Communities Act”, the proponents of same were in such a hurry to get the statue, in fact any such statute, on the books, that they utterly ignored the Illinois Constitution’s three reading rule requirement, a requirement designed to slow the passage of legislation, to improve its quality, fell into a trap that had they spent a week or two researching why prior firearms laws have been declared unconstitutional, might have avoided this issue. Instead, like the Light Brigade, they rode headlong into the Valley of Death for statutes, well guarded by Haynes and its 5th Amendment
No. 165: Barnett v. Raoul, No. 3:23-cv-00209 (S.D. Ill.)

Ok, that was the gantlet across the face, not to the ground. That should leave marks.

Similarly, the Defendant was so desperate to respond to the Fifth Amendment issue, that it literally argued a summary judgment motion without a single document, affidavit or attachment attached.
id.

The reply then continues by pointing out that PICA requires people to register their “naughty guns”. The Illinois State Police webpage tells the subjects of Illinois that they will be arrested and charged if they don’t register their “naughty guns”.

As stated by the Seventh Circuit of the original National Firearms Act, “Registration would be an admission that another section or other sections of the Act had been violated and might support a conviction by a court.” Dugan v. United States, 341 F. 2d 85, 86 – Court of Appeals, 7th Circuit 1965. Likewise, the Seventh Circuit also stated, “we do not think that the fact that there might be cases where registration would not result in incrimination by the registrant is any answer to the contention that one who is required to register might thereby incriminate himself.Id.
id.

This is expert level trolling. This case was just vacated and remanded to the district court by the Seventh Circuit court.

The “same” Seventh Circuit court, in November, had said that it wasn’t weapons in common use that controlled, instead it was if the state or the court decided that something was more suited to the military.

They also claim that Bruen, and Heller applied circular logic. All of this because of a throw-away line in dicta in Heller which sought to protect the NFA.

Just like under the National Firearms Act of 1934, which required registration within 60 days of the act (See Ex. A, p. 2), all persons in Illinois who possessed PICA regulated firearms were supposed to register their firearms, .50 BMG ammunition and “accessories” on of before December 31, 2023. See Ex, B, page 2, citing 720 ILCS 5/24-1.9(d), see also Ex C, p. 1) Possession of these PICA regulated items after December 31, 2023, is, drum roll, a crime. Ex C, p 2. Do not take Plaintiffs’ or their attorney’s word for it, look at what Defendant Kelly himself says, that is posted on his own website!
id.
To say that the risks of self incrimination by registration at this point is anything but real, is delusional at best. Defendant himself is posting on his own official website warnings of potential arrest and prosecution that his lawyers are trying to suggest are make believe.
id.
Despite these facts, the arguments of Defendant is that the right against self incrimination is not violated, for three specific reasons. None of which hold any water, and all of which border on the legally and factually frivolous.
id.

This was a short filing. Only eleven pages or so.

Washington Gun Law and Mark Smith are both saying that the petitions for cert coming from the Fourth, Second(?) and Seventh Circuits are full of trolling.

Pocket Tools, AWA version

Corrected my username. DOH. This is what happens when you spend the preceding hours working an AWS issue.


There was a time when a man didn’t leave his home without a knife. A knife is one of the most useful tools a man can have.

As a boy, I carried a something like a Case “Stockman”. It had three different blades. My memory is dim, so it could have been a two bladed version.

In my teens, my cousin sold me a Swiss Army knife, for a penny.

That knife lived in my pocket for years and years until I think I lost it. I replaced it with the same version. This means I’ve been carrying the same version of a Swiss army knife for over 45 years.

That knife was useful in so many ways. Mostly it was a simple knife, when needed, a corkscrew, nail file, and screwdriver. The scissors were useful, mostly for getting into bubble wrap.

The interesting thing is that I seldom reach for that knife.

At university, I upgraded to two extra knives. On my left hip, I carried a USN issued Ka-Bar that was gifted to me by a UDT dude. It was the knife he carried in Vietnam. It lives on my desk, today, I just pulled it out to verify the markings.

On my right hip, I carried a Gerber Bolt Action Exchange blade. It had three different blades. Two were carried in the pouch, while the third was in the handle. Exchanging the blades was fast and easy.

After several years, I figured out that I never used the extra blades, so I just carried it in my pocket.

My next addition to the EDC tool set was a Leatherman. It was one of the first of the multitools. I found that I used the pliers the most, the blade seldom, and the screwdrivers fairly often.

When that was misplaced, I replaced it. I’ve since sold it, for a penny, to somebody that will use it.

My replacement was a Gerber multi-tool. The MP600. It has the pliers that I use regularly. The different screwdrivers, the blades, the file, and the can opener.

Except for the pliers, I could do all of the above with my Swiss Army Knife, but this is so much faster and the tips on the screwdrivers so much better.

So my current pocket load out is:

Left pocket, clipped to the edge, O-Light flashlight. In the pocket is the Swiss army knife, a USB thumb drive with current Ubuntu Install media, container with ear plugs. If I am not carrying mag pouches, a spare mag will go there.

In the right front pocket, clipped to the edge, is a Cold Steel Code-4. In the pocket is the Gerber multi-tool.

I am currently looking at the Kershaw Select Fire. I like that it has a standard bit driver and is built around a knife and not the tools. My bits would be #2 square drive, #1 Philips, #2 Philips, and a slot driver.

Thanks to Lenard for lots to think about. Thank you for all the feedback we’ve gotten from other users.

Friday Feedback – address added

This weekend, I’m going to be looking at the filings for cert. I’ve listened to a couple of reports talking about how powerful these petitions are. It should be good.

We have a guest post happening. If you submit an article in LibreOffice or google doc format, and it is fitting for the blog, we’ll likely post it. You can submit your articles to gunfreezone@troglodite.com

Back links will be evaluated on an individual basis.

Have a great weekend!

Please let us know what you are interested in, in the comments.

Weston #32 Manual Meat Grinder

It is always weird when you have something that you can’t find online anymore.

Years ago, when we owned a small hobby farm, we used to have “sausage making day”. About once per year we would, as a family, gather to make sausage. One of our lodgers owned a powered meat grinder. We would spend the day grinding meat and making sausage.

I do not remember what make or model it was. I just knew that people complained about the motor overheating and other issues.

Fast-forward, we want to make ground meat and sausage again, but we don’t have a grinder. I set my lady to looking for a manual meat grinder. She located a Weston #32.

As far as I can tell, meat grinders are sized by that number. #32 is the larger size. Today, #32 are professional sized electric grinders. The sort of thing which will grind an entire cow in a single session.

The thing is, I think that this darn manual mill could do an entire cow in a few hours also.

It is constructed of two large iron castings. The body and the augur. The body doesn’t seem to have much in the way of machining. The drive end of the augur takes a plastic bushing to center the augur, the front might have been machined round to take the grate.

The augur is drilled and tapped at both ends. The cutter end having been faced as well.

All in all, a low cost of production. Castings are generally fairly low cost. The amount of machining is low.

The one issue I have with ours is that the feet are not on the same plane. I could take it to the shop and cut the legs level, but it isn’t worth the effort.

Currently, we just clamp it to the counter top with C-Clamps.

How well does it work? Very well.

One of the first things I learned is that the retaining ring must be on tight. And you will have to tighten the ring a few times as you use the tool.

The last thing I learned is that I should remove the cutters and grate between passes, as there will be product that gets caught in the cutter.

The second thing I learned was that you don’t really want or need to fill the hopper. Just add enough so that the augur is barely covered, add more as the augur is exposed.

We did a 75% venison to 25% beef fat mix. It was still leaner than the 85% ground beef we get from the store.

It just feed through. There were no difficulties. It took us about 30 minutes to process about 10 pounds total.

We ran the entire batch through a total of three times. The first were one-inch cubes. We mixed the result manually and feed it through a second time, only for mixing purposes. Then we mixed manually a second time and feed it through for the last time.

Everything was then packaged in one-pound packages and frozen.

The only issue we’ve had is that the plastic pushing had a thrust bushing. That was broken before we got it. I will have to machine a replacement.

At this point, we are looking at making ground beef. It isn’t much more work, and I believe we will get superior results.

We are just looking for some cheap beef to come on sale.

Furthermore, We are looking at sausage making, again. We just haven’t gotten there yet.