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Bruen in action: California Assault Weapons Ban

The Honorable Rodger T. Benitez
The Honorable Rodger T. Benitez
In June of 2021 the Hon. Roger T. Benitez ruled on the Miller v. Bonta in the California Assault Weapons Ban (AWCA). In his ruling he eviscerated the state of California. He ruled that AWCA was unconstitutional. Either this ruling or one of his other rulings resulted in “Freedom Week” when 10s of thousands of standard capacity magazines flowed into California.

Of course the state of California appealed the case. It was heard by a panel of 3 judges of the 9th circuit court. The three judges upheld Benitez’s ruling. Everybody involved knew that the state would appeal again for the case to be heard by a full panel instead of just the three judges.

One of the judges on the 3 member panel went so far as to write the ruling of the en blanc panel. Basically saying that the full circuit court would find for the AWCA.

He was right. Miller then appealed to the US Supreme Court. The Supreme Court did not grant certiorari but did not deny it either. It was put on hold pending the Bruen opinion. This was done for a number of cases. In addition a number of cases at the circuit court and district court levels were put on hold pending SCOTUS ruling.

Bruen was decided on a Thursday and on the following Monday the court “granted certiorari, vacated the judgement, and remanded back to the circuit court” (GVR) a number of cases, including Miller v Bonta.

At this point the 9th Circuit Court should have ruled that the AWCA was unconstitutional and the case would be done. They could, instead, have punted it down to a 3 judge panel. The thing that would take the most time was what they chose to do. The remanded the case back to the district court for Benitez to rule again in light of Bruen.

This is absolutely ridiculous as Benitez’s original ruling is directly in line with Bruen. Regardless, this is just a delay tactic on the part of the 9th Circuit.

Judge Benitez was read. According to reports he had his order ready to go out on August 2nd and released it on Aug 8th.

Pursuant to the decision of the court of appeals vacating and remanding the case to this court, both parties are ordered to file briefs addressing New York State Rifle & Pistol Ass ‘n, Inc. v. Bruen, 597 U.S._ (June 23, 2022), and to do so withing twenty days of the date of this Order.
Case No.: 19-cv-1537-BEN (JLB) via FPC

This means that the parties must respond by the 28th of August. This is blazingly fast for the US court system. It would not surprise me if Benitez has his ruling out before the end of the year.

At that point the state of california has to make a decision on whether they will appeal the ruling. My bet is that they will not.

If they appeal and lose the 9th Circuit will have to rule and they will have to follow the Bruen decision. If the 9th Circuit Rules that AWCA is unconstitutional that means all such weapons bans will be overturned within the 9th Circuit. I.e. any district judge can look at an AWB and rule it unconstitutional and appeals are unlikely to be granted.

If on the other hand they do not appeal then Benitez’s ruling in Miller only applies to California.

We’ve seen this happen in a couple of other cases over the years where the states have taken an “L” rather than allowing presidence to be set.

They Just have to lie: When Gun Free Zones are Gun Free

There are a number of people out there that the Democrats hate with a passion. At the top of that list, is of course, Trump. Trump derangement syndrome is so strong that if Trump kissed a baby at a campaign stop the Dems would be calling for his arrest for sexual assault on a child within seconds.

Another is Ted Cruz. I would love to see him as President, I would prefer him to be appointed to the Supreme Court. He would make an excellent Justice.

Other things they hate are any conservative group. Turning Point USA, Turning Points Action, The NRA, Young Republicans, and any other group that has conservative views.

If you really want to see them go of the deep end, combine the two. The hate for Ron DeSantis plus the hate for Turning Point USA and you have a perfect storm of mental meltdown.

So what are they screaming about now? They are screaming that Turning Point Action is holding rallies that will be “Gun Free Zones.” Since DeSantis has been vocal about gun free zones not working and he will be attending these rallies as a featured speaker this makes him a liar.

The Buffalo guy said he wanted to go where he knew there wouldn’t be blowback from people being armed, and so he tried to find a gun-free zone
— DeSantis

Of course they had to lie by misdirection to get to this conclusion. We all know that when we are talking about criminal free action zones/Gun Free Zones, we are talking about areas that have a sign posted but which provide no other real security. Most schools don’t have anything more than a sign plus a sign-in sheet to stop guns from entering a school campus.

As the last poll pointed out, many many people use the “Concealed means Concealed” as their standard operating procedure. No sign ever stopped a person intent on doing evil from doing evil.

The Unite and Win rallies are going to be gun/weapon free zones.

Attendees must show a form of ID that matches their information on the ticket.

Conditions of Entry and Special Events Zone:

  • All persons and property will be searched
  • Be prepared for airport-like screening
  • Audience will be video recorded
  • Rules subject to change without notice
  • No re-entry

Prohibited Items:

  • Bags, backpacks, messenger bags
  • Skateboards, bicycles
  • Balloons, laser pointers, umbrellas
  • Sticks, poles, bats, etc.
  • Food, beverages, containers, water bottles
  • Weapons, ammunition, knives, projectiles, pepper spray, expandable batons, firearms (NO CCW in Event Zone) or other hazardous items
  • Tactical gear including but not limited to helmets, body armor, shields, etc.
  • Signs, banners, flyers, posters, stickers
  • Alcohol, drugs, paraphernalia
  • Amplified sound or other noise makers
  • Animals (service animals permitted)

— EventBright entry for Unite and Win tickets

While we might know or believe that we can bypass airport security, having this level of security is significantly different than just posting a sign.

We saw exactly the same thing happened when Trump addressed the annual NRA meeting a few years ago. Because he was the President the secret service had requirements for the event which included no weapons in the room. They set up all the screening equipment to make sure it was a secured area.

The left screamed about how the NRA wanted gun free zones when it was them and that Trump wanted gun free zones around him while totally ignoring that the rest of the convention did allow firearms as well as ignoring that it was the secret service that demanded a sterile room before Trump was allowed to speak.

If left-wing extremist are speaking, they are lying. It is in their nature.
Firearms banned at events with Florida Gov. Ron DeSantis, who has argued ‘gun-free’ zones are less safe

While the article is busy calling DeSantis and Turning Point USA liars, they use a redefinition to tell still another lie:

Research indicates “gun-free” policies do not actually correspond to greater security risks. A review of mass shootings between 1966 and 2016 found that only 12% occurred “in a truly gun-free zone” — that is, one without armed security — and that only 5% took place in areas where civilians were prohibited from carrying a firearm, per researchers at Johns Hopkins Bloomberg School of Public Health.

They also left out how they got those numbers. From the Johns Hopkins Center for Gun Policy and Research study they are quoting from:

New research on mass shootings involving six or more victims murdered that occurred in the United States from 1966 to through June 2016 contradicts these claims. Only 12% of these shootings took place, in whole or in part, in a truly gun-free zone (no armed security or police or armed civilians) and 5% in a gun-restricting zone (civilian gun possession prohibited). A separate study of mass shootings involving four or more fatalities, that included domestic incidents during 2009-2015, found that only 13% occurred in a gun-free or gun-restricting zone.

Look, they redefined mass shootings to be SIX or more victims killed. That certainly changes the samples.

They redefined mass shootings again to include domestic incidents. Something the general population doesn’t think of as a “mass shooting” and neither of the two definitions used matches the FBI UCI definition.

It is also worth noting that they had to go back to 1966 for their samples. Florida kicked off the movement to shall issue in 1987. More than twenty years after the start of their samples. There were no CCW to speak of in those places. The first “official” Gun Free Zone was created in 1990, nearly 25 years after their first sample.

They also used a definition of Gun Free Zone that it is only truly a Gun Free Zone if there is armed security. For even more interesting numbers in this study by an anti-gun zealot about DGU. The author claims that are only about 100k DGUs per year.

From a 2013 study by the CDC:

Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million, in the context of about 300,000 violent crimes involving firearms in 2008.

Miguel’s Hit and Run: A bit of perspective for your daily mind grind.

Tennessee Titans play the San Francisco 49ers at LP Field October 22, 2013 in Nashville, Tenn.

This is Nissan Stadium, home of the Tennessee Titans. As you can see in the picture, it is filled to capacity.

Nissan Stadium seats 67,700 fans.

The Biden administration will hire 86,000 new “IRS agents” for whatever evil intention they have.

Are you getting the picture? (Pun intended)

And never forget that the ATF came about when the Volstead Act was repealed, and the government needed to do something with the Treasury Agents suddenly without work to do.

And for some reason, my brain has been “sing-songing” the words “American Stasi” for the last couple of days.

I wonder why. OK, not really.

Mass shooter’s ass forced to cash check written by his mouth

This is a hell of a story out of Florida:

Bystander shoots, kills person who threatened to ‘shoot the crowd up’

The tables turned on an armed person who was shot and killed after announcing plans to “shoot up the crowd” on Sunday night.

According to officers, a 911 call came in saying someone had been shot, the caller also said he shot the person who took a short-barreled shotgun out of a car, threatening to “shoot the crowd up”.

After an investigation, detectives say a fight broke out between two women, which turned into a brawl of around 20 people. The suspected gunman was 22 years old and from West Palm Beach, but the name and gender have not been released.

The police department says the 22-year-old refused to drop the weapon after multiple people confronted the suspect.

That’s when a 32-year-old man fired his weapon, hitting the armed suspect. The man had a concealed weapon license and remained on the scene with police to cooperate with the investigation.

As of right now, charges have not been filed against the man with the CCW permit.

IANAL, but I’m pretty sure this was a good shoot.

Pulling out a shotgun and threatening to shoot up a crowd can pretty reasonably assumed to be a threat of imminent death or grave bodily harm.

It’s a good thing that the CCW was there to terminally de-escalate the threat before any innocent people were hurt or killed.