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Friday Feedback

It is that time of year, it is time to beg for your support.  Visit the store, there are a couple of support options there

There are many cases that seem to be in limbo, waiting for something to come out of the Supreme Court.

I expect something in Rahimi soon. I’m hoping Thomas writes the opinion.

Welcome to the new readers and commenters.  It is nice to see you here.

What is it that you look for from GFZ?

The comments are open, have at it.

NRA v. Vullo

Today, the Supreme Court issued their opinion regarding New York’s lawfare attack on the NRA.

For the reasons discussed above, the Court holds that the NRA plausibly alleged that Vullo violated the First Amendment by coercing DFS-regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA’s advocacy.

The judgment of the U. S. Court of Appeals for the Second Circuit is vacated, and the case remanded for further proceedings consistent with this opinion.
National Rifle Association of America v. Vullo, No. 22-842, slip op. at 20 (May 30, 2024) Justice Sotomayer

This is a 9-0 opinion. Justice Jackson wrote a concurrence, as did Justice Gorsuch.

Unfortunately, and expected, Justice Jackson tries to lessen the power of this opinion.

The lesson of Bantam Books is that “a government official cannot do indirectly what she is barred from doing directly.” Ante, at 11. That case does not hold that government coercion alone violates the First Amendment. And recognizing the distinction between government coercion and a First Amendment violation is important because our democracy can function only if the government can effectively enforce the rules embodied in legislation; by its nature, such enforcement often involves coercion in the form of legal sanctions. The existence of an allegation of government coercion of a third party thus merely invites, rather than answers, the question whether that coercion indirectly worked a violation of the plaintiff’s First Amendment rights.
id. at 2 Justice Jackson, concurring.

This is likely the entire reason for her writing a separate concurrence. Having quoted the majority opinion, [the state] cannot do indirectly what [it] is barred from doing directly., she goes on to say how critical it is that the government has the power and authority to do what it wants.

Indeed, she again forgets that we are a republic, not a democracy.

This is a good opinion.

Of course, it was the Second Circuit court that found that the NRA was wrong. They seem to have made that decision when they read the parties names.

Another Tool!

At this point, I have more tools than I have toolholders. This can be frustrating as I like to have “standard” tools ready to go.

Just as an example:

  • Four different shapes of right hand turning tools
  • Chamfering tool
  • Parting tool
  • Shearing tool
  • Facing tool (left hand)
  • Grooving tool
  • Right hand threading tool
  • 3/8″ Boring bar
  • 1/2″ Boring Bar
  • 3/4″ Boring Bar
  • 5/8″ Grooving bar
  • Right Hand threading bar
  • Left Hand threading bar

These are tools that live in toolholders ready to be used.  I would have more in toolholders if I had more toolholders.

Aloris BXA#1 can be had for the low, low price of $83.  The #2, which has a grove for boring bars, is only $82+shipping.

Then there is the shop made version:

BXA for 1/2″ square shank tools

I have two more that are ready to finish to this stage.  Once those two are completed, all three are going into the mill for some aggressive chamfering.

When that is completed, they three of them will be hot blued, oiled, hardware installed, and then they will be ready to go into production.

I have the raw materials for another 6 toolholders.  I have some smaller tools, 1/4″ I think.  I plan to make a couple of 1/4″ toolholders.  Three more will be 5/8 and one will be 3/4.

The nice thing, is that having done this once, the next time becomes much easier.

Harrel v. Raoul, update

This consolidated case is still live before the Supreme Court.

It was heard on the May 16th conference. It was put on the agenda for May 23rd. Yesterday, we learned that it is on the Agenda for the 30th of May.

It takes 4 Justices to agree to grant certiorari. It takes 5 to deny. This means that there are currently Justices that are still undecided and who are doing research.

For comparison, Duncan was distributed for conference one before Bruen and then again after Bruen where it was GVR.

Bruen was distributed for Conference (put on the agenda) On 2021-4-1, 2021-4-16, and then again on 2021-4-23.

Three days later, certiorari was granted.

Monday will be interesting.

Tuesday Tunes

A small boy and his friend run through the yards, they are 5 or 6 years old. They slide partially down a hillside and slowly peek over the top, looking for “Charlie”.

The one boy turns to the other and asks, “What are you going to do when you are drafted?”

War comes to them on the TV every night. They know about those that ran to Canada. They know those that stayed. They know of the bodies of what were once vibrant young men arrive day after day from that horrible place, Vietnam.

They talk of their grandfathers. Of those that served in WWII. They speak of the silence of those veterans who returned.

Today, I remember my Great Uncle Joe talking about all the heroes he knew. Some of whom died in the skies over Germany. He was never a hero. He flew in the same plane, he put his pants on the same, he ate with those heroes. According to him, every man aboard his plane was a hero, except him.

He was a hero. He was a bombardier of a B17 Flying Fortress.

Today, Vietnam is ancient history. Desert Storm, V1 in 1991 is ancient history. The war on terror is what is remembered by men older than their years.

“All gave some, some gave all.”

Thank you, I remember you. We remember you.

Success!

After more than a week, success was had.

14.5° PA, 16 DP, 20 Tooth, 1.375 (1 3/8) Aluminum gear. 0.2505 ID

The number of subprojects that went into this one simple little gear boggles my mind.

  • Locate a reasonable rotary table
  • Document what was needed for it
  • Clean and restore 8″ Cushman Chuck
  • Make chuck key
  • Locate dividing plates for the rotary table
  • Make T-Nuts for rotary table
  • Make socket-head replacement screws for chuck
  • Make socket-head attachment screws for chuck/backplate interface
  • Make backplate
  • Make retaining collar
  • Make MT3 alignment plug
  • Modify eccentric to have a retaining grove for U-Spring
  • Make grooving tool
  • Make nose cap for spindle
  • Thread eccentric for tensioning ring
  • Make a mandrel for holding gear blanks
  • Make gear blanks
  • Read the section in the 1914 Machinery’s Handbook about gears
  • Create Emacs spreadsheet to calculate gear cutting parameters
  • Create a Python program to create a dividing plate table
  • Incorporate dividing plate information into Org-mode spreadsheet for single point of information (Enter DP and Number of teeth, get out cutting parameters and which dividing plate to use along with dividing plate setup)

In addition to that, I have 3 toolholders almost finished, I’m still waiting for the dovetail cutter to arrive and then to drill and tap the adjustment screw plus the retaining screws.

For those that might wonder why 14.5° PA, 16 DP instead of a more modern 20° PA, it is because this is what my lathe uses.  With a single purchase of the 8 involute cutters, I can make any gear my lathe might need.

When a Judge gets it right

As Americans, we have every reason to celebrate our rights and freedoms, especially on Independence Day. Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific? More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen? That is the issue before this Court. The simple answer at this stage in the proceedings is “likely no.” The Supreme Court in Bruen and Heller held that citizens have a constitutional right to own and possess firearms and may use them for self-defense. PICA seems to be written in spite of the clear directives in Bruen and Heller, not in conformity with them. Whether well-intentioned, brilliant, or arrogant, no state may enact a law that denies its citizens rights that the Constitution guarantees them. Even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens. For the reasons fully set out below, the overly broad reach of PICA commands that the injunctive relief requested by Plaintiffs be granted.
National Rifle Association of America v. Vullo, No. 22-842, slip op. at 20 (May 30, 2024)

Some compelling prose from Judge McGlynn, District Court Judge, S.D. Ill. He gets it.

He does the right thing and grants the preliminary injunction. The state runs to mommy, the Seventh Circuit court.

There, Woods and Easterbrook make a mockery of judicial decorum, judicial precedents, and show their utter disrespect for the Supreme Court. They decided that icky guns aren’t arms under the Second Amendment, so there was no infringement.

As the Amici said in United States v. Kittson

The parties and the lower court mischaracterized Bruen as requiring a two-step analysis. Appellant’s. Br. (“AB”) at 35; 1-ER-46-47. Unfortunately, lower courts and reviewing courts have been similarly mischaracterizing the breadth and application of Bruen’s analysis, to the point that the myth of a two-step analysis has become pervasive, including in this Circuit. See United States v. Alaniz, 69 F.4th 1124, 1128 (9th Cir. 2023) (asserting that Bruen abrogated one two-step test but then adopted another); see also United States v. Duarte, No. 22-50048, 2024 WL 2068016, at *4 (9th Cir. May 9, 2024) (also erroneously applying the new two-step test). This panel should use this opportunity to correct this error.

By its plain language, Bruen eschews a two-step test and calls for a one-step test: “Despite the popularity of th[e] two-step approach, it is one step too many.” Bruen, 597 U.S. at 19. It would make little sense for the Court to expressly abrogate a step as unnecessary only to then reinsert a substitute.

Because the district court fundamentally misunderstood the approach Bruen requires, this case provides an excellent opportunity for this Court to clarify that the simple requirement that a Second Amendment case implicate the right to keep or bear arms is not a significant analytical “step,” and thus, as the district courts and other courts have transmuted it, an imposing hurdle. Rather, it is a simple qualifier. This is critical because courts have cynically transformed this manufactured first step into a barrier relieving the government of its burden of the historical analysis altogether, unfairly shifting burdens from the government to civil plaintiffs (or criminal defendants), and reinserting the interest balancing derided and forbade by Bruen under the guise of a purported “plain text” analysis that allows lower courts like this one to treat obvious arms-related questions as though they are not.