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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.

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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Friday Feedback

The first shipments should go out early next week. Just the Velcro backing. Those come from my supplies. J.Kb. will start shipping the actual patches sometime after the 28th.

We are looking at all the other options. We just have to make sure we break even or make a bit of profit on these things.

I did a quick count on Monday and was tracking some 51 different cases. That number is now 54.

Feel free to give us your feedback, we deserve it.

Vincent v. Garland (10th Cir., 21-4121) §922(g)(1)

B.L.U.F.Is this the next case to head to the Supreme Court? The 10th Circuit found that a convicted felon does not have a constitutionally protected right to possess firearms.

(1000 words)


In 2020, Melynda Vincent filed to have §922(g)(1) overturned as applied to her. In 2007, she was a drug addict and tried to pass a bad check for less than $500. She was arrested and put in to drug rehabilitation. She came out of drug rehab before her court case and has been clean since then.

In court, she pleaded “guilty”. This has a sentencing guideline charge for multiple years with no option of probation. The court sentenced her to 0 years in prison and probation. She completed her probation early. She has had no other negative interactions with the law/courts.

At the district court level, the court used the Tenth Circuit Court’s opinion in United States v. McCane. McCain was a felon in possession case, which the Circuit court ruled in 2009 was constitutional.

The important part of their decision was that they did not do means-end to make that determination. Instead, they relied on Heller.

The [Supreme] Court observed that it wasn’t “cast[ing] doubt on longstanding prohibitions on the possession of firearms by felons.” Id. at 626. We applied this observation in United States v. McCane to uphold the constitutionality of the federal ban on felons’ possession of firearms.
Vincent v. Garland, No. 21-4121, slip op. at 3 (10th Cir.)

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United States v. Robert Hunter Biden WTF?

B.L.U.F. Hunter might get off the hook on counts 1 and 2 if count 3, §922(g)(3) is struck down for constitutional reasons.

(450 words)


for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;
— 18 U.S.C. §922(a)(6)

Emphasis added.

Form 4473 asks a series of questions, as well as having several places for you to fill in your information. It is pretty clear that if you lie in the section asking questions to determine if you are a prohibited person, you are lying about a material fact. What if you were to write the wrong county down? Is that a “material fact” with respect to acquiring a firearm?

It doesn’t seem to be. While it would not surprise me to learn that the ATF pulled an FFL’s license because somebody misspelled the county name, I don’t think anybody has been prosecuted for misspelling the county name on a 4473.

knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
— 18 U.S.C. §924(a)(1)(A)

Emphasis added.

The information required is only required if it is a “material fact”.

The short of it is that if this was anybody with an R after their name instead of a Biden, counts 1 and 2 would hold. Even if count 3 and 1 are tossed, count 2 would likely still hold.

Hunter’s lawyers will use Bruen and the other cases against §922(g)(3) to argue that the law is unconstitutional. They are likely to win. Biden, don’t you know.

If count 3, §922(g)(3) is tossed, does §922(a)(6) still stand? If being a user of a controlled substance in not a “material fact” then count 1 goes as well.

This means that only count 2, §924(a)(1)(A) still stands. If being a user of a controlled substance is not material, then is the information required?

All in all, it looks like a good case for the Second Amendment, a poor case for justice. As more than one pundit has pointed out, this is one of the few crimes that Hunter could have been charged with that does not implicate his father.

H/T Mark Smith

The Stanford Prison Experiment

This famous experiment was conducted in August 1971. The researcher had placed an ad in the Palo Alto City newspaper.

70 people replied and were brought in for interviews. According to Zimbardo, the lead researcher, these were “diagnostic interviews”. The term “diagnostic interview” was understood to mean looking for mental instability or particular sadistic tendencies in the respondents. The interviews were also used to eliminate respondents with “medical disability or history of crime or drug abuse”.

After the interviews, they were left with 24 participants.

This is the very first point of contention. There are many articles that discuss how these elimination interviews were not screening for the right psychological indicators. This is an open question because different people can have different opinions on what are disqualifying indicators.

One article question if the diagnostic interviews tested for BDSM tendencies. As shown about, the understanding was that sadistic tendencies were tested for, but the actual description by Zimbardo does not explicitly state that exclusion.

Also note, there are many articles that reference or discuss the SPE, there are books and movies about it. What I was unable to find is the original peer reviewed publication. The quotes I am using come from a 1975-slide show that Zimbardo prepared.

The way the experiment began, again according to Zimbardo, was:

On a quiet Sunday morning in August, a Palo Alto, California police car swept through the town picking up collage students as part of a mass arrest for violation of Penal Codes 211, Armed Robbery, and Burglary, a 459 PC. The suspect was picked up at his home, charged, warned of his legal rights, spread-eagled against the police car, searched and handcuffed; often as surprised and curious neighbors looked on. The suspect was put in the rear of the police car and carried off to the police station, the sirens wailing.

The car entered the station, the suspect was removed, brought inside the station, formally booked, again warned of his Miranda rights, fingerprinted, and a complete identification made. The suspect was then taken to a holding cell, where he was left blindfolded to ponder his fate and wonder what he had done to get himself into this mess.

Blindfolds are not part of normal police procedures. Before the victim even arrives at the mock prison, they have already been treated outside the normal practices.

One of the things to note is that Zimbardo was a prison reform activist. To set up his mock prison, he “called upon the services of experienced consultants”. His primary consultant was Carlo Prescott, a convicted felon with seventeen years in San Quentin, Soledad, Folsom and other prison.

His other consultants came from a pool of other ex-convicts and correctional personnel.

This would be the equivalent of somebody wanting to find out how access to guns effects people, and then hiring Giffords as their lead consultant. With their other consultants being experts recommended by Giffords, such as Brady, March for Our Lives, and Everytown.

As part of their mock prison, they created a punishment cell, called “The Hole”. It was a 2×2 closet. If you read The Gulag Archipelago: An experiment in Literary Investigation you will find a section where Solzhenitsyn talks about prisoners being tortured by being placed in an out building about 2 by 2 with countless bugs.

It makes me think that maybe Zimbardo might have heard some speeches by Solzhenitsyn and decided to implement parts of that narrative as part of his mock representation of an American prison.

From the point the prisoners are brought into the mock prison, they are treated in a manner to break them.

Each prisoner is searched and then systematically stripped naked, he is then deloused with a spray, to convey our belief that he may have germs or lice — … a degradation procedure was designed in part to humiliate him, and in part to be sure he isn’t bringing in any germs to contaminate our jail.

The prisoners were issued a smock, no underclothes, a pair of rubber sandals, a hair cap. They were fitted with a chain to their ankle.

Again, not at all normal.

I’m disgusted at what I’m reading. More so because Zimbardo is proud of his work.

He used this work to try to change people’s opinion of prison life. To imply that all prison personal were petty, sadistic, dictators.

In 2019, Thibault Le Texier published his paper “Debunking the Stanford Prison Experiment”

The Stanford Prison Experiment (SPE) is one of psychology’s most famous studies. It has been criticized on many grounds, and yet a majority of textbook authors have ignored these criticisms in their discussions of the SPE, thereby misleading both students and the general public about the study’s questionable scientific validity. Data collected from a thorough investigation of the SPE archives and interviews with 15 of the participants in the experiment further question the study’s scientific merit. These data are not only supportive of previous criticisms of the SPE, such as the presence of demand characteristics, but provide new criticisms of the SPE based on heretofore unknown information. These new criticisms include the biased and incomplete collection of data, the extent to which the SPE drew on a prison experiment devised and conducted by students in one of Zimbardo’s classes 3 months earlier, the fact that the guards received precise instructions regarding the treatment of the prisoners, the fact that the guards were not told they were subjects, and the fact that participants were almost never completely immersed by the situation. Possible explanations of the inaccurate textbook portrayal and general misperception of the SPE’s scientific validity over the past 5 decades, in spite of its flaws and shortcomings, are discussed.
Banuazizi and Movahedi (1975) examined the possibility of demand characteristics operating in the SPE. They provided 150 college students with a description of the procedure used in the SPE, the advertisement used by Zimbardo to recruit volunteers for the SPE, a description of the rights and privileges the subjects agreed to waive to participate, and a description of the arrest and incarceration procedures in the SPE. Banuazizi and Movahedi used a set of open-ended questions to determine the students’ thoughts as to what the experimenter’s hypothesis was and their expectations regarding the outcome of the experiment. Of the students tested, 81% accurately figured out the experimenter’s hypothesis (that guards would be aggressive and that prisoners would revolt or comply), and 90% predicted that the guards would be “oppressive, hostile, aggressive, humiliating” (p. 158), thereby supporting the argument that demand characteristics were likely operating in the SPE and that the participants in the SPE would have probably guessed how Zimbardo and his co experimenters wanted them to behave.

In other words, as a commentor pointed out on my article about Ordinary Men, there is a strong likelihood that the SPE is bad science.