B.L.U.F.More of analysis of the horrid opinion offered by Judge Karin Immergut out in Oregon.
I’ve since learned that she spent most of her career, before becoming a district judge, working as a prosecutor for the government. She was actually a prosecutor for the ATF. OF course, she found a gun infringement constitutional.
It is pretty clear that the judge was picking and choosing experts, facts, and testimony to get the conclusion she wanted. This is clear from the following:
—Oregon Firearms Federation, Inc. v. Brown, No. 2:22-cv-01815, slip op., n. 18 (D. Or. Jul. 14, 2023)
The EVIL gun lobby wants this, we can’t accept their testimony. How about the fact that Everytown, Brady, and a dozen other groups all pile on when there is a Second Amendment Case? Should their testimony be discounted because they have
been a plaintiff in several Second Amendment challenges? Maybe the judge should disallow Paul Clement from representing Second Amendment plaintiffs because he’s been involved with
several Second Amendment challenges?
Does she really think that all these anti-gun people don’t make money from litigating? I’ve looked at some of the tax filings for some of these groups, they seem to spend significant amounts of money on the administrative and executive salaries.
—id. at 25
What is she talking about? That most people don’t buy extra magazines for their firearms? Technically, I guess that is true. My M1 Garand came with zero enblocs. I think I have over 50 of them now. All but a few loaded. My PC-9 came with one magazine. I’ve never even loaded it. I purchased 6 Glock magazines to feed it, and then purchased a Glock with a couple of magazines.
My first AR-15 came with two magazines. One was 5 rounds and the other 10. None of the other AR-15s came with magazines. I don’t know how many magazines I currently have. I still have one 5 round mag, and one 10 round magazine. I do have a few 20 round mags, but most of my magazines are 30 rounds.
It does not matter why The People decide to purchase extra magazines or if they just use the magazine(s) that come with their guns. They have decided that ammunition feeding devices with more than 1, 5, 7, 9, 10, or 15 rounds is what they want, those purchases are protected under the Second Amendment.
—id. at 26
The judge is incorrect in how she categorizes these anecdotal incidents. They are examples of people using their arms to actively defend themselves. They were using those arms for lawful purposes, such as self-defense, by possessing them. They prove The People chose these arms in common use today for lawful purposes.
I’m now behind the curve, here are a couple of YouTube videos that go into just how bad this opinion is.
I might come back to this, but with multiple issues with the k8s cluster resulting in a full day of ClusterFuck and then another 30 minutes of minor CF today. I have not had time to do any more wading through this swamp.