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Another Rogue Judge, Capon and NAGR v. Campbell D. Massachusetts

Legal Court Dunce
B.L.U.F.
A rogue, agenda driven, judge in Massachusetts finds that “Assault Weapons” and “Large Capacity Magazines” can be banned because the Supreme Court didn’t thing “common use” through.

And besides, they are dangerous, so they can be banned.
(3600 words)


Just skimming through the first part, which for the most part is the background of the case, the following sticks out

Plaintiffs contend that “assault weapon” is “a rhetorically charged political term meant to stir the emotions of the public.” (Pls. Mem. ¶ 1). They propose using the term “banned firearm” instead. Because the First Circuit used the term “assault weapon” to refer to the same statute in Worman v. Healey, 922 F.3d 26 (1st Cir. 2019), this memorandum and order will follow suit.
Capen v. Campbell, No. 1:22-cv-11431, slip op., n. 3 (D. Mass.)

It is always a sign of a rogue court when they find a reason to use “assault weapon”. This is worsened because they cite to a First Circuit court case from 2019, before Bruen.

The court then correctly cites Winter for the factors in granting a preliminary injunction. The takeaway, for me, is that they cite to Ryan v. U.S. Immigr. & Customs Enf’t,974 F.3d 9, 18 (1st Cir. 2020) as the First Circuit’s Winter equivalent.

The gist of both Winter and Ryan v. Immigration & Customs Enforcement is that the court needs to evaluate if the movant is likely to prevail on the merits. Both cases say that if the movant is not likely to win on the merits, that is where the court should stop.

The twisting and turning begins

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Quick Recap of a few cases

Duncan v. Bonta 23-55805 (9th Cir). The 9th circuit granted a stay pending the outcome of the appeal. They will be hearing oral arguments on March 18, 2024. This means that The People living in California will be deprived of their civil rights until the 9th returns their opinion.

This is sickening because the Supreme Court already told the Ninth they got it wrong when they GVRed this case after Bruen

Renna v. Becerra is still in a holding pattern. The District court ordered an injunction, then stayed the injunction pending resolution in the Ninth Circuit court. That was back in April. Still no movement on the case.

Barnett v. Raoul 23-cv-00209 (S.D. Illinois) is slowly moving forward. The parties agree that this case is going to seek cert. with the Supreme Court. Therefore, they are doing discovery to have facts on record. Everybody in the case is dotting “i”s and crossing “t”s to make sure the case is processed correctly.

Most of this is because the Seventh Circuit court has too many agenda driving rogue judges on it.

Carralero v. Bonta, 8:23-cv-01798, (C.D. Cal.) was our win from Wednesday, Friday, the state gave notice that they would be appealing. Until the Ninth Circuit grants the stay, many of the sensitive places restrictions in California are enjoined.

This could be good news for the 2A community. If the en banc panel that is messing with Virginia Duncan tries to grab this case, it will be clear that they are cheating. If a different three judge panel gets this case, they could rule for The People.

The state should be procedurally barred from asking for a stay on the injunction because they have not asked the district court for a stay.

Reno May v. Robert Bonta, 8:23-cv-01696, (C.D. Cal.) sees the state appealing to the Ninth Circuit. Same old stuff as Carralero

Kipke v. Moore, 1:23-cv-01293, (D. Maryland) is having numerous supplemental authority filings. The plaintiffs (good guys) have brought up the S.D. California win for The People. The state is bringing up the Antonyuk decision by the Second Circuit.

Of course, the state has to cheat. They only mention the parts of the Second Circuit’s opinion that support them, totally omitting the few places where the Second eviscerated their regulation.

Bains v. American Tactical, Inc., 6:23-cv-06208, (W.D.N.Y.) is the lawfare against gun manufactures and resellers for the acts of bad people. The current attack is to claim that the selling of firearms creates a public nuisance. Being a public nuisance is against the law, so the manufacturer or reseller are responsible for an asshole shooting others.

Rocky Mountain Gun Owners v. Polis, 1:23-cv-02563, (D. Colo.) is making its way through the Tenth Circuit court after losing at the district court level. There, the district court found that the plain text of the Second Amendment does not cover waiting periods.

Like always, the state moves at a snails pace when it means that The People will be denied their rights longer.

California Rifle and Pistol Association, Incorporated v. Los Angeles County Sheriffs Department, 2:23-cv-10169, (C.D. Cal.) is a new case. It was filed in early December. It challenges the cost in time and money to get permits to carry in certain locations in California.

More importantly, it challenges the lack of reciprocity. California does not recognize any other state’s CCW. California does not allow out of state residents to get California CCWs. This means that out of state residents are denied the right to carry in California.

This flies directly in the face of Bruen. This could be the start of nationwide reciprocity. I can certainly dream.

I hate traveling into Mordor. The state was horrible before Bruen, since Bruen it has just gotten worse. They still have laws on the books that require people to have state permission to purchase or posses ammunition or ammunition components.

There are many more, but this gives a sampling. I’m watching for a request for certiorari from Bevis out of Illinois. They made a request on the Supreme Court’s emergency docket, which was denied. A straight-up ask might be granted.

Friday Feedback

We had great news out of California, surprisingly. The court in Reno May v. Robert Bonta has issued an injunction:

Plaintiffs, who are concealed carry permitholders and related organizations, brought these two lawsuits against California to challenge the constitutionality of many of SB2’s “sensitive place” provisions. They now seek a preliminary injunction enjoining California from enforcing the challenged sensitive-place provisions, asserting that many of those restrictions violate their Second Amendment rights and deprive them of their ability to defend themselves and their loved ones in public. Plaintiffs are right. Their motions for a preliminary injunction are GRANTED.

This is a complete win for the plaintiffs (good guys).

This was a complete surprise. In addition, the state has not filed their intent to appeal. In the past, in California, they have filed their intent to appeal within hours of a negative order by the judge.

Over in the D.C. Circuit Court, they have scheduled arguments for February, without input from the parties. This is means that the Circuit isn’t going to let this drag out.

There are numerous filings that came out late yesterday that I’ll be looking over.

For those that are bored with reloading, I’m reaching the end of that series. I have received so many good comments that have been helpful. Things to try, things to not do.

I’m currently in the process of machining my own 1/16in drill bit extension, as well as my version of a case trimming jig for use on a drill press or milling machine. It is likely that I’ll make a stuck case removal gizmo.

One of those things where I’ll spend 6 hours in the shop to make something that costs less than $20 from Amazon.

The strange thing, is that the simple drill extension is available for only $59 from McMaster-Carr. One would think a drill extension would be lower cost.

The comments are open, please feel free to let us know what you are thinking.

Things You Learn (while reloading)

Imperial Resizing Wax works great at keeping your brass from getting stuck in your dies.

Imperial Resizing Wax doesn’t want to come off your brass unless it is onto a clean white dress shirt.

Purple Power degreaser on a paper towel takes off the wax.

Removing Imperial Resizing Wax from 100 cases makes my fingers cramp.

Dawn Dish soap does not remove Imperial Resizing Wax in the wet tumbler.

LimiShine does not remove Imperial Resizing Wax in the wet tumbler.

Dawn Dish soap plus LimiShine does not remove Imperial Resizing Wax in the wet tumbler.

(It leaves the cases covered in wax AND all the gunk cleaned from the inside of the brass. UGLY)

Purple Power at about 10-20% solution will remove Imperial Resizing Wax from cases!

Using Purple Power after Dawn and LemiShine leaves the brass clean but dull.

Using Purple Power first, with no media, strips the Imperial Wax off

Finishing with a run of Dawn Dish soap followed by a run with just LimiShine leaves a beautiful, like new finish.

Purple Power is cheap when you buy it in bulk, it is ok to use it to clean brass.

The size of a flash hole is nominally 1/16 in, or 0.061.

If the hole is smaller than 0.070 inches, your decapping pin might not go into the hole and if you add too much pressure, it will break.

McJ Tools sells bulk decapping pins, which are nicer than anything I’ve seen from the “Names”.

The decapping pin in the Frankford hand decapping tool is the same as the pin used in Lee dies.

The decapping pins of a Redding die will get stuck in flash holes smaller than 1/16 in.

McJ Tools makes a tool for normalizing flash holes to 0.070 inches.

Some brass has a thicker web between the case and the primer pocket than others.

The McJ Tool flash hole normalizer does not cut as deeply as the web of some brass.

McJ Tool makes a primer pocket normalizer tool to cut the primer pocket to size and depth.

The McJ Tool pocket normalizer does not remove military crimps.

A normal-sized primer pocket is just a little too small for some #41 primers.

The Layman EZ trim tool is fast and easy to use. I trimmed 300–500 pieces of brass in an evening with it.

The Layman EZ trim tool uses the case hold down system I had designed for my drill press/milling machine adapter to trim cases.

Wet tumbling your brass can cause the necks to close up slightly.

Redding neck lube works wonderfully when resizing the necks of cases.

The RCBS swagging dies create perfect primer pockets that can be primed easily.

A depth of cut of 0.050 on a 3/8in boring bar in 6061 will deflect. Spring passes are required.

Having the wrong tool height on a boring bar can cause excess loading.

Using a Lee turret press with auto advance is really nice when it can be used. The four positions are: Neck sizing, through die powder charge, bullet seating die, and empty.

It takes almost the same amount of time from pouring powder to being ready for more powder as it takes the auto charge machine to throw the next charge, accurate to 0.1grains.

If you have good ladder sights, 45-70 can travel a long distance, accurately.

Reloading: Tests – Part 10

(2450 words)

When you choose a firearm, you choose it for a reason. Yes, I have some firearms that are in the safe because they followed me home. But there are many more that were picked for a reason.

We pick our firearms for looks, for the feel in the hand, the cool factor, the weight, and a multitude of different options.

We also pick for practical reasons. As an example, I have critters that get into the chicken house and into the feed and are sometimes on the porch. There are bears that roam the area. These are all targets at different times.

There is a display rack in the living room. It holds four lever action rifles. The blue haired fairie has them named, “bear”, “deer”, “raccoon”, and “squirrel”. In order, 45-70, 30-30 Winchester, .357 Magnum, .22 LR. Each has a different purpose, coming from different requirements.

Anybody who is anybody will tell you that those rifles really don’t have the ability to go the distance. They are all 100 yards, or less, rifles. The real truth is that I can ring steel at 100 yards with any of them. But getting a line of sight of 100 yards around here is difficult.

In the safe is a Remington 700 in 7.62×51. I’ve taken deer with it at around 600 yards. That rifle has great optics on it, and it was designed for taking shoots at that distance, or greater.
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Tuesday Tunes

My family use to watch Bing Crosby Christmas Specials every Christmas.

Hagar happened to mention that she truly enjoyed the David Bowie and Bing Crosby version of this song.

I will also note that she pointed out that if some kid showed up and started playing a drum around my baby, just as I got him to sleep, it would not be a joyful event.

Reloading: Bullets – Part 9

(1800 words)
How to open a can of worms… There are people who have the recipe they swear by. Yet, they will admit that there are other recipes that function nearly as well as theirs does. Bullets, on the other hand, have much stronger feelings.

We’ll start by breaking bullets down into two categories, bullets that transfer as much energy as possible to the target, and those that don’t.

I just finished some reloading. Many of the rounds I loaded were 55gr .224, Full Metal Jacket Boat Tail. Some were 55gr Soft Point Boat Tail.

The difference being that one had a pointy noise covered in copper. The other had the very tip, exposing the lead of the core.

Given that the size of that tip was maybe 0.080 in diameter, I did not expect to see any difference. I was wrong.

Using the super scientific test media known as “pumpkin”, I placed two small pumpkins down range and put 10 rounds into it. All hit. Nice grouping. There was significant damage to the pumpkin. It was still obviously a pumpkin.

I changed magazines, made sure the soft points were going where I wanted (rang steel). Then I went to put the last 10 rounds into the other pumpkin. I was only able to put one round into the second pumpkin.

That “soft point” round caused the pumpkin to fly to pieces. I ended up with pumpkin pieces as much as 4 yards from the point of impact.

This has shown me just how much difference there can be.

History

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