Gun Free Zone

B.L.U.F.Brick by Brick, Row by Row, we build our freedoms.

The 9th Circuit court of Appeals got it right. What does it mean? What did the state attempt? How did the court opine?

In April 2019, another legal battle began. A long shot case that the plaintiffs knew would drag out for years if they made any progress, or they would be shutdown almost immediately.

This is from the good guys. In the original complaint, they are giving the state the presumption of the power to regulate. They also give the state the power to regulate “unusually dangerous arms”. This is not what Heller said, and we know this because the Bruen court made it absolutely clear that it is dangerous and unusual. If the arm is in common use, it is not unusual, and it cannot be banned.

This was Bruen quoting and explaining Heller

This is the equivalent of watching the puppy cower when their owner comes home. They try so hard to be good, but they fear being smacked again. Or maybe the battered spouse is a better analogy.
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Also applicable to soccer mom minivans.

And it is against the law as per 18 U.S. Code § 871  to boot.

And while other administrations may simply pay you a visit ahead of time and strongly recommend you stay at home while POTUS is in the area, other politicos will have no problems creating a deadly force confrontation even if you are a fat 75-year-old man.

Who was Craig Robertson? Utah man killed by FBI agents after allegedly making threats against President Biden | Fox News

This is from about 30 seconds on Google.

Boy, 13, charged with carjacking woman at Chicago gas station

13-year-old boy arrested in fatal attempted carjacking of St. Louis mom

Battle Creek Police: 13 & 14-year-old boys charged with homicide, carjacking in death of high school student

15-year-old boys arrested in ‘random, senseless murder’ in Loveland

Boys, 12 and 17, charged in murders of 3 teens in Marion County; 16-year-old sought

You get the point.

Anyone, of any age, that points a loaded gun at you isn’t your friend.

You can be killed by a kid as easily as an adult.

You need to be prepared to do what has to be done to survive a violent encounter.

If I’m alive, I can Go Fund Me the best defense lawyers in the country.

If I’m dead, who will make my children French toast in the morning?

This story is a window into pure evil.

Virginia first-grader, 6, bragged about shooting his teacher Abigail Zwerner to school officials – and said ‘I shot the b**** dead’

A six-year-old boasted ‘I shot that b**** dead,’ after firing at his first-grade teacher inside a Virginia elementary school in January, recently unsealed redacted search warrants revealed.

Documents obtained by WTKR show that the unnamed boy told a school official how he brought his mother’s gun into the Richneck Elementary School in Newport News, Virginia, on January 6 and shot his teacher Abigail Zwerner, 25. She survived the shooting that drew national headlines.

The docs also reveal the same boy nearly choked his kindergarten teacher a year before ‘until she couldn’t breathe’ and had to be removed from the classroom.

She described how the boy drew his weapon from his pocket after the class got back from recess, pointed it directly at her, at which point she asked, ‘What are you doing with that?’

The boy paused for a moment ‘then fired one shot that struck Zwerner in her left hand and upper torso,’ the court documents said. She fled the classroom to the school office, where first responders found her bleeding from the wound.

Zwerner also allegedly told police of other incidents in which the student threatened violence and physically assaulted others — all of which, she said, were reported to school administrators.

In one of those incidents, the child allegedly choked his kindergarten teacher.

Authorities noted in their affidavits they spoke to the teacher, who described how the child ‘walked behind her while she was sitting in her chair and placed both of his arms around her neck, pulling down, choking her to the point she could not breathe.’

That child is pure evil.

I don’t know of he was born bad or made bad, but either way it doesn’t matter.

A child with a history of violence pointing a gun at you intends to do you harm.

A bullet fired by a little kid is just as lethal as one fired by an adult.

I have a wife and two kids, one a little younger than this boy.

My wife needs me, my kids need me.

I will feel bad having to defend myself against a six-year-old, right until I get home and my kids hug me and tell me they love me, then I will be assured I did the right thing.

The scenario you have in your head of who is going to try and shoot you might not be accurate.

Be prepared for when it’s not.

Today we heard a great opinion out of the Ninth Circuit Court of Appeals. They found that knives are arms. As arms, they are presumptively protected by the plain text of the Second Amendment. Finally, they found that the government had not met their burden of finding a law from the founding that supported their modern infringement.

There is another court ruling out today. This one out of the Supreme Court.

There will be a great gnashing of teeth over this. It affects many people, it isn’t great, but it isn’t horrible either.

In late June and early July, the District court found the ATF’s frame and receiver rule to be a violation of law, NOT on Second Amendment grounds. The ruling basically said, “The ATF can’t make law, this “regulation” is them attempting to re-write the law. If Congress wants the law to be as the ATF wants it to be, Congress has to pass that bill.”

Currently, gun control bills in the Congress are fraught with risk for both sides. The gun grabbers do NOT want people looking hard at §921 and exactly what the GCA of 1968, as amended, is worded. §922 is under attack in multiple cases, having somebody challenge the rest of the GCA on constitutional grounds is not something that they want to see happen.

The state had asked the Fifth Circuit for a stay of the injunction granted by the District Court. The state was asking for a stay until the Fifth Circuit heard the case. The Fifth Circuit told them to go pound sand. The state then made an emergency appeal to the Supreme Court looking for that stay.

Normally, these are quick. This took a little longer than Alito wanted.

What this means is that the frame and receiver rule is back until the Fifth Circuit renders their opinion. It looks like that could happen rapidly. The Fifth doesn’t like having their decisions overturned.

It is important to note that the Supreme Court did not rebuke the Fifth. Unlike what was done to the Second and Seventh circuits.

Now the state will drag their heels on this. The 3 judge panel will issue their findings. Regardless of how that goes, the losing party will ask for an en banc hearing. That will happen. If the Vanderstok loses, they will appeal. Their goal has always been to get this to the Supreme Court.

If the state loses, they might just tuck tail and take the L rather than get the Supreme Court involved.

So while this was a step back, I consider it an “ok” outcome. We will win in the end.

On the “Well, that’s to be expected.” Roberts came down on the side of the state. There is nothing strange about that. I just don’t trust him.

I would like to know what Amy Coney Barrett was thinking. She didn’t join with Thomas, Alito, Gorsuch, and Kavanaugh.

The proclamation issued by the Governor addresses several items that do not include Red Flags, Universal Background Checks and Mandatory Storage which were the top three items that Gun Controllers were badgering for.

Now, I am not naive enough to believe that some of these proposals cannot suddenly be transformed (especially item 12) into something else while everybody is looking elsewhere, so a constant state of observation will be required till the session is over. Still, I like the idea of committing resources to mental health care and I mean real care, no bullshit holistic kumbaya hormone and crystal therapy “care.”

( 1) Mental health resources, providers, commitments, or services;
(2) School safety plans or policies;
(3) Health care providers’ duty to warn about potential violent offenses;
( 4) Offenses of committing acts of mass violence or threatening to commit acts of mass
violence;
(5) Reports from the Tennessee Bureau oflnvestigation regarding human trafficking;
(6) Identification of individuals arrested for felonies;
(7) Law enforcement’s access to criminal and juvenile records;
(8) Law enforcement’s access to information about individuals who are subject to mental
health commitment;
(9) Information about victims of violent offenses;
( 10) Stalking offenses;
(11) Measures encouraging the safe storage of firearms, which do not include the creation
of penalties for failing to safely store firearms;
(12) Temporary mental health orders of protection, which must be initiated by law
enforcement, must require a due process hearing, must require the respondent to undergo
an assessment for suicidal or homicidal ideation, must require law enforcement to prove
its case by clear and convincing evidence, must require that an order of protection be
reevaluated at least every one-hundred eighty (180) days, and must not permit ex parte
orders;
(13) The transfer of juvenile defendants aged sixteen (16) and older to courts with criminal
jurisdiction, which must include appeal rights for the juveniles and the prosecuting
authorities;
(14) Limiting the circumstances in which juvenile records may be expunged;
( 15) Blended sentencing for juveniles;
(16) Offenses related to inducing or coercing a minor to commit an offense;
(17) The structure or operations of state or local courts; and
(18) Making appropriations sufficient to provide funding for any legislation that receives
final passage during the extraordinary session; making appropriations sufficient to pay the
expenses of the extraordinary session, including the expenses of carrying out any actions
taken pursuant to this proclamation; making appropriations sufficient to support mental
health initiatives; making appropriations for school safety grants, as described on page B90 of the 2023-2024 Budget Document and in Section 54, Item 1-41, Section 60, Item 25,
and Section 60, Item 26 of Chapter 418, Public Acts of 2023; and making appropriations
to support school safety at institutions of higher education.

Once again, Item 12 is the one that has the best chance to be fucked with into a Red Flag. I still would love to see a legislator add the mandatory minimum felony charges and hefty personal fines for anybody misusing a health order against any citizen. There will be no true cure for abuse unless there is a harsh punishment attached to it.