It has been a good week. A week to be thankful for.

Oregon had a massive win in regard to measure 114 and its follow-on bill. A state court granted a permanent injunction against the entire mess. Measure 114 is currently on life support.

This was at the lowest level in the state courts. Sort of at the “district” level if compared to the federal courts. The final judgement can be appealed to Oregon’s appeals court and from there to the Oregon Supreme court. From the Oregon Supreme court, there is an appeal to the US Supreme Court.

It will be interesting to see what the state does. If they don’t appeal, this is a loss but only takes out the permit to purchase and magazine bans. If they run it up the chain, they could lose and set a precedent for Oregon or the entire country.

The case was decided as a state constitutional challenge, not a Second Amendment challenge. I’ve not read the court’s opinion and might not. One of the lawyers I follow read a part of the opinion that struck me as particularly intriguing. The court applied a plain text, history and tradition test, against the Oregon state constitution. Very cool.

One of the first cases GVR out of the Supreme Court post Bruen was —Dominic Bianchi v. Brian Frosh, No. 21-1255 (Court of Appeals). The Fourth Circuit court heard oral arguments shortly after the case was GVR. They still have not issued their opinion on that case.

That case is a direct challenge to —Kolbe v. Hogan, 849 F. 3d 114 (4th Cir. 2017) which, is the Fourth Circuit court’s means-end case law.

In an entirely different case —Maryland Shall Issue, Inc. V. Wes Moore, No. 21-2017 (4th Cir. Nov. 21, 2023), the Fourth Circuit issued their opinion supporting The People and upholding the rights protected by the Second Amendment. It was a three—judge panel. The case challenges Maryland’s permit to transfer/purchase a firearm. It is a so-called Universal Background Check.

In addition, Maryland requires a “handgun qualification license” or HQL. It is that HQL that was struck down by the Fourth Circuit. That opinion is in my to-do queue.

I hope you all had a wonderful Thanksgiving. If you did not participate in this American Tradition, I hope your Thursday was joyful.

On the not fun side of things, Wed. I started the upgrade of my primary computer. In the process of performing that upgrade, my system stopped booting. The system is booted, now, but it required some magic to accomplish.

The gist of which was to boot off an external device, get to the grub menu, escape to the grub command line. Install the GPT partition module. Type the magic incarnations “linux (hd5,gpt1)/ROOT/ubuntu@/boot/vmlinuz-6.5.0-13-generic -root=ZFS=rpool/ROOT/ubuntu” with no errors. From memory.

I’m still fixing things, maybe it will get better. If not, I do know how to “fix” it.

Comments are open, I’m eager to hear your feedback.

Bibliography

Kolbe v. Hogan, 849 F. 3d 114 (4th Cir. 2017)
Maryland Shall Issue, Inc. V. Wes Moore, No. 21-2017 (4th Cir. Nov. 21, 2023)
Dominic Bianchi v. Brian Frosh, No. 21-1255 (Court of Appeals)

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By awa

5 thoughts on “Friday Feedback”
  1. “I’m still fixing things, maybe it will get better. If not, I do know how to “fix” it” Umm I suggest pointing a big bore at it while pressing “enter”.
    .
    I do have to say I’m slightly more optimistic that there are in existence some judges who have the balls to stand up against corruption within the judicial system, after reading the news out of Oregon and Maryland. Hopefully it will inspire more judges to grow a pair and fulfill the responsibilities and duties of upholding the constitution they swore to protect.

  2. “linux (hd5,gpt1)/ROOT/ubuntu@/boot/vmlinuz-6.5.0-13-generic -root=ZFS=rpool/ROOT/ubuntu”
    .
    This is why I keep a pen and notepad by the computer. Remembering to use “vmlinuz” instead of “vmlinux” for instance would probably just not happen, otherwise … even leaving aside any fumble-fingering.
    .
    And that reminds me, I need to get an older Lenovo ThinkPad converted to Linux Mint this weekend. Destined to be a workroom computer.

  3. Is there some reason a bootable distro DVD wouldn’t have worked to get access to it? That’s how I usually recover from that situation: boot the DVD, get a command prompt, mount the root and boot FS, chroot to that, fix the problem, pop the DVD and restart… no need to remember boot string arcana.

  4. I see Linux boot loaders are as arcane as ever. GRUB is still a big step forward from LILO. Stuff like this is why I always have multiple working computers at home so I can use one to repair the other. I’m constantly surprised how many clients have only one.
    On the law front while the defeat of bowel movement 114 in state court is encouraging but Oregon still has a lot of bad laws on the books including SB2005 which Republicans in the State Senate promised to sue over after caving in and letting the Dems pass it. They have not filed suit yet. Also in addition to possible reversal on appeal of Measure 114 there’s a state law passed after the preliminary injunction containing the same garbage as BM114 and requiring another law suit.

  5. Would love to see an article or opinion piece of the apparent prevalence of glock switches and some other legit converted machine guns being used in crime vs just 10 years ago. Tie in to Chinese slaves sites like wish and the apparently willfully ignoring of all these illegal machine guns by local police and atf when all these kids are making tons of videos showing them and their switches and or other guns. Seems like we went form machine gins seemed rare in crime 10+ years ago to every gang banger is unloading a magazine from his switched glock into a crowd in Chicago every Saturday night. Doesn’t really help the argument for keeping Hughes, everyone has an illegal machine gun and no one is doing shit about it anyways so what’s the point!

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