Did the court get it right in Boland v. Bonta?

When looking at Boland v. Bonta, the “Unsafe Handgun Act” out of California, it was nice that the judge “got it right”.

Unfortunately the reasoning that he had in his opinion niggled at me. There was something wrong. It should have been this hard.

Then Mark Smith applied the clue-by-four and it made things obvious.

The UHA is a gun ban. Full Stop.

Consider a law that said “A firearm with a barleycorn front sight is banned” We would instantly recognize that as a gun ban. If it is a gun ban then the plain text of the Second Amendment is touched on and it then the state must prove that there is a history and tradition of regulating classes of guns with particular features.

When the feature was “pistol” then Heller found that a ban was Unconstitutional. The holdings of the Supreme Court have shown that it doesn’t have to be a complete ban, it only has to touch the plain text of the second amendment in order for regulation to be presumptively unconstitutional. It is up to the state to prove history and tradition.

But what if we turned the statement around? What if we said “Any firearm without a barleycorn front sight is banned”. This is still a ban, the state has just inverted the logic from “can’t have” to “must have”. It is a ban. Treat it like a ban in court.

Now if the state chooses to hide that ban inside a bunch of other regulations, it might be harder to see.

For example what if the law said “you can only buy firearms on this list” and “We are only going to put firearms with barleycorn front sights on the list”. It is still a ban, it is just a two step process.

Think of it the same way we think of machine guns. According to the law, machine guns are not banned. You are free to buy them if you can find somebody willing to sell them to you. All you need is to jump through NFA hoops.

But because of the Hughes amendment no NEW machine guns have been added to the transferable NFA list. This has caused the cost/value of machine guns to sky rocket.

I don’t think any gun infringer really wants to be told that the difference between an AR-15 and a M-16 is $75 in parts and an extra hole. Which means that the cost of a machine gun should be about the same as its semi-auto version.

The closing of the NFA registry for machine guns is a ban on machine guns.

The UHA is also a ban. No matter how much lipstick is slapped on that pig, it is still and always will be a gun ban.

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Self defense idiocy

Two tweets:

And

 

I don’t think she realizes that in most states, a sap, cosh, or blackjack is illegal to carry.

I disagree with the law but it’s still the law.

This woman is so concerned with being convinced for defending herself from abuse that she chooses to carry a felony keychain.

Not just that, but her felony keychain is almost guaranteed to be ineffective.

I honestly don’t see a woman beating a man down with a weighted keychain.  That seems highly improbable.

These people are filled with such bad information and advice it’s mind numbing.

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Ladies, get a carry permit and arm yourselves – a follow up

This is a follow up post to a previous post: Why I support shooting unarmed attackers.

A judge reduced the bond of the purse snatcher who paralyzed a woman in an attack.

Houston teen accused of paralyzing woman in ‘jugging’ robbery has bond cut in half

A Houston teen has been accused of slamming a mother of three into the ground during a “jugging” robbery that left the victim paralyzed — and he appeared this week in court, where he had his bond slashed in half to $100,000.

Joseph Harrell, 17, was ordered held last week on $200,000 bond following the harrowing, caught-on-camera Feb. 13 attack that left Nhung Truong unable to walk, Fox News reported.

Prosecutors had asked for the $200,000 bond because he had just been released on a $100 bond on Jan. 26 on an unlawful carrying of a weapon charge.

But his court-appointed attorney argued Wednesday to have his bond reduced to $100,000, saying his family could not afford to spring him.

In addition to the counts for aggravated robbery and unlawful carrying of a weapon, Harrell is facing a charge of aggravated assault with a deadly weapon stemming from another incident on Feb. 25.

During that incident, Harrell and at least one other suspect allegedly stole a woman’s purse as she was leaving a business in southeast Houston. 

This piece of shit targets women, especially Asian women, to rob beat them up and rob them.

He was arrested on an illegal possession of a gun charge and was let out and now they cut his bond in half.

In recorded jail calls, he clearly has no remorse.

https://twitter.com/Tr00peRR/status/1639282134710906883?s=19

 

The law will not protect women in Houston.  He will not stop until a victim stops him.

The lesson is to take your self defense seriously.

Nobody is coming, prepare to defend yourself.

 

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These people need to get new material. (Update)

GIFFORDS Florida State Director Samantha Barrios:

“As a mother of two young children in Florida, I fear for them every day. We do not need people without training or background checks carrying firearms in public. If permitless carry becomes law, arguments will turn into gun fights in our parks and grocery stores. The House took a dangerous step forward today. Floridians must step up and demand their elected officials in the Senate stop this bill.”

GIFFORDS Florida Condemns House Passage of Dangerous “Anyone with a Gun” Bill | Giffords

This was the excuse given when Concealed Carry was passed in Florida back in the 1980s and pretty much in every state after that when Shall Issue became the norm. Then again when Stand Your ground was enacted and the wails of gloom and doom were loud enough for the heavens to get earplugs.

And we all know none of the old predictions came to fruition and the same will happen to the new predictions. I am starting to believe they have the same writers as the people that want to “save us” from global warming who keep chanting “We only have 5 years to save the world!” every 5 years.


And Moms Demand could not be left behind:

“Governor DeSantis and House Republicans have chosen to make our beaches, restaurants, schools, grocery stores, parks, and everywhere else we go more vulnerable to gun violence, ” said Wendy Malloy, a volunteer with the Florida chapter of Moms Demand Action.

Florida House Passes Permitless Carry Despite the Majority of Floridians Opposing;  Florida Moms Demand Action, Students Demand Action Respond | Everytown

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Unequal enforcement of the law and gun rights

I saw this segment on Tucker Carlson last night:

 

I found the NPR bit that he referenced.

Meet the queer people who practice shooting to defend themselves from hate groups

Mass shootings targeting LGBTQ spaces and a rise in anti-trans rhetoric have inspired some queer people to take up arms. New Hampshire Public Radio’s Todd Bookman joined the monthly gathering of a gun group that sees firearms as key to their own self-defense. And as you might imagine, the story does include the sound of gunfire.

Mass shootings targeting LGBT spaces are not on the rise.  There is no evidence of disproportionate targeting of LGBT spaces.

The last two mass shootings of LGBT spaces were a nightclub targetd by an ISIS supporter who didn’t know it was a gay club and a gay club shooting by a non-binary queer insane person.

Not attacks by right-wing white supremacists.

BOOKMAN: Groups like Rainbow Reload exist around the country, often called pink pistol clubs. It’s a place for experts and the gun-curious to practice and improve their shooting, but this goes beyond hobby. There’s a practical goal here, to prepare and protect themselves.

SMITH: If the world is dangerous, then you have to be dangerous back. And that very much has pushed me into where I am now.

JAMIE: There’s been an uptick in hate crimes. There’s been an uptick in groups that have been protesting drag story times and drag shows. And it felt like I needed to learn how to protect myself.

GUARDIAN: I mean, if you go far enough left, you get your guns back.

On principle, I believe in the right of people to keep and bear arms.

On the other hand, these people are Antifa tankies.  Rainbow Reload claims to be non-political but many of these people here associate with groups like the John Brown Gun Club and Socialist Rifle Association.

They are radical Leftist activists who have bought into a narrative of oppression.

This is something I have written about on this blog before.

There is absolutely zero evidence of targeted murders of transgender individuals.

Transgender people are not murdered disproportionately to their numbers, in fact their murder rate is below proportion.

The reality is most trans women who are killed are killed while engaged in criminal activity, namely prostitution.

Turns out that the vast majority of transgender people murdered were hookers who were killed by Johns who were mad that they ordered the taco and got the sausage and meatballs.

The rest were the victims of typical crimes, including robbery and domestic abuse.

But to listen to The Narrative, transgender people are the victims of Right-wing Christian white supremacists genocide.

Here is where things get dicey.

We have, for years, been told that Right-wing speech is violence.

It’s been proven that the Left believes that Left-wing violence is speech.

Under the reasons that these LGBT people claim to want guns is parents protesting against gay porn books in elementary schools and drag shows for children.

It’s a threat to them when we say “don’t sexualize kids in school.”

The Narrative has established that I am the threat that they feel they need to defend against because I don’t want my kid’s classroom to look like a Pride parade.

We’ve seen these Antifa protecting drag shows with guns.

 

So what happens when the shooting starts in a district with a prosecutor that is ideologically aligned with them?

When some commie tankie tranny yeets a mom angry about a drag story hour in a library?

Right-wing speech is violence, so is it a good shoot?

I support gun rights but I prefer my Leftist shock troops unarmed.

 

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Words are hard

Everything in this article that is not a quote is my understanding. I AM NOT A LAWYER so the odds of me getting something wrong is non-zero.

In Boland v. Bonta: Another District Court Win “UHA” I quoted and wrote.

FOURTH AFFIRMATIVE DEFENSE
The Complaint, and every cause of action therein, is barred by the equitable doctrines of estoppel, laches, unclean hands, and/or waiver.
Answer to Amended Complaint at P 16

I should have spent some more time figuring out what this all means.

Read More

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From now on, I do it for a price.

I am done giving advice about guns for free. If I give you detailed reasons why you should or should not get a particular first gun and then you do stupid shit on your own, at least I want some cash for my wasted time.
You don’t want to pay me? Go back to the TikTok or whatever Social Media influencer who gave you the bad idea in the first place.
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