Status of Cases

(Words 1200)

Just what the title says, a number of cases with either short histories or simply where the are in the process.

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement, 21-12314, (11th Cir.)

Suit filed in March 2018, Eleventh Circuit court 2 judge panel hears oral arguments heard March 24, 2022. On March 9, 2023, the panel decides that 18,19, and 20-year-olds are not Part of the People. The opinion was vacated the same day. On July 14, 2023, the Circuit Court decided to hear the case en banc

Currently waiting for scheduling orders.

United States v. Rahimi, 21-11001, (5th Cir.)

Cert granted by the Supreme Court. Oral arguments to be heard in the term starting October 2023.

United States v. Connelly, 23-50312, (5th Cir.)

A criminal case was opened in Jan. 2022. The Connelly’s were charged with a violation of ยง922(g)(3). The trial judge (criminal trial) found for Connelly. The state appealed to the fifth circuit on May 4, 2023. Briefings not yet submitted. Oral arguments not yet scheduled.

Ocean State Tactical, LLC v. State of Rhode Island, 23-1072, (1st Cir.)

Case opened June 23, 2022. Magazine ban law. The District court found that magazines are not arms on December 14, 2022. Appealed on January 13, 2023. Oral arguments were heard on September 11, 2023.

Waiting for the three judge panel’s opinion.
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Prankster F.A.F.O. and gets it twice

A man who shot a YouTube prankster who followed him around a shopping centre food court has been found not guilty by a US jury.

Alan Colie, 31, was acquitted of aggravated malicious wounding in the shooting of Tanner Cook, 21, who runs the Classified Goons YouTube channel – which has more than 50,000 subscribers.

However, the jury was split on two lesser firearms charges and decided to convict him on one and acquit him on the other.

Jurors watched a video of the shooting which shows the confrontation between Colie and Mr Cook lasting less than 30 seconds.

It shows Mr Cook approaching Colie, a delivery driver, as he picks up a food order and Mr Cook looms over him while holding a phone about six inches from Colie’s face.

The phone plays the phrase “Hey dip****, quit thinking about my twinkle” several times through a Google Translate app.

Colie says “stop” three times and tries to back away from Mr Cook, who continues to advance.

He then tries to knock the phone away from his face before pulling out a gun and shooting Mr Cook in the lower left of his chest.

Alan Colie: Man who shot YouTube prankster at Virginia shopping centre acquitted | US News | Sky News

On the legal side, the jurors have spoken and that is all there is.

But I cannot deny enjoying a bit the fact that the asshole pranker got a nice reminder why we should be nice to others in life. He got shot and a jury pretty much said: “You deserved it.”

 

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Duncan v. Becerra(Bonta) 17-cv-01017 a history


B.L.U.F.
The Ninth Circuit has a history of ruling against The People in Second Amendment cases. I heard that they are 0 for 50. Not verified.

This is the story of just one 2A case. It is very long. About 4 hours of writing and research. Even if you don’t want to read my description of the history of this case, please take the time to read the dissents. (link updated to work.)

(3900 words)


In May 2017, a hero steps forth to do battle with the great leviathan which is the California anti-gun state.

Virginia Duncan files a lawsuit challenging California’s magazine ban. Since 2008, when the Heller Court stated that the Second Amendment protected an individual, the rogue courts had been rubber-stamping every gun control regulation the states could dream up.

She was just another Don Quixote, tilting at windmills, hoping to accomplish something. There was little or no chance of winning. Even the most inferior courts, the district courts, would be against her.

A judge was pulled at random and assigned to her case. Judge Roger T. Benitez was his name. Luckily for Virginia, he was a rogue judge.

A rogue judge or court is a court that mouths the words of their superiors, yet finds ways to disobey even the clearest of instructions.

Judge Benitez was just such a man. In the plaintiff’s motion to dismiss, they state it bluntly, California’s magazine ban is unconstitutional.

First, a total ban on the possession of magazines โ€œin common useโ€ by law-abiding citizens for self-defense plainly violates the Second Amendment. District of Columbia v. Heller, 554 U.S. 570, 627 (2008). The state can point to no justificationโ€”let alone one sufficient to withstand heightened scrutinyโ€”for banning magazines lawfully and safely owned by tens of millions of Americans to defend themselves.
ECF No. 6 - Duncan v. Becerra, No. 3:17-cv-01017, slip op. at 9 (S.D. Cal.)

It is important to note that they are using the most powerful case law available to them, Heller. In particular, they make the claim that “in common use” means that it can’t be banned. If the item is an arm that is in common use today, then it is protected under the Second Amendment.
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Some thoughts on Portland

I flew into PDX (Portland Airport) yesterday, got a rental car, and started heading south.

Portland is a shithole.

From the road, every building looks run down and many were empty and abandoned.

Every surface was covered in graffiti.

Every bridge and overpass had a shanty town of makeshift structures under it where the homeless were living.

There was garbage everywhere.

There were dead RVs on the shoulder of the highway with people living in them.

There were hitchhiking vagrants on the highway and people pushing shopping carts on the shoulder.

I has been on planes for nine hours and had five hours of driving ahead of me.ย  I wanted a place to stretch my legs and I needed to pick up a few items (mouthwash, drinks, etc) that due to weight I figured it would be easier to get at my destination. ($2 for a bottle of mouthwash and $50 for an overweight bag at the airport isn’t a hard decision.)

I drove to Tualatin to go to Cabela’s and Fred Meyer.

Once I got into Tualatin, about 15 min south of Portland, everything got much nicer.

Whatever is killing Portland is definitely driven by Portland politics. I hope it doesn’t metastasize into the suburbs, because Portland should be a warning to everyone else. It was horrible.

 

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Very portable gun safe

I posted about the gun safe I installed in my truck and portable security for cars while traveling.

I am in Oregon with a shitload of shooting gear and some dead time between checking out of our hotel and checking into another.

I’d like to get out of the car and not worry, so I put mu plans into action.

I rented a small SUV and this is how my guns are secured.

 

I have the Pelican case locked with two padlocks. A steel cable through those padlocks and locked to the tie-down points in the trunk.

Is it perfect?

No.

Did it travel on an airplane under 50 lbs and will it be resistant to someone who pops a window with a punch and tries to pull it out of the trunk?

Yes.

Additional security measures involve not stopping in bad areas and only in nice looking suburban areas.

This is where local crime maps are helpful.

I’m currently posing from a Starbucks in a suburban shopping mall in a nice community in Southern Oregon.ย  There is a Trader Joe’s and an REI in the same mall, if you want to judge the neighborhood.

I can see my rental car from my seat.

Security is a matter of layers, and this is enough of a layer to resist a smash and grab in a parking lot.

 

 

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