Where a Hispanic Catholic, and a Computer Geek write about Gun Rights, Self Defense and whatever else we can think about.
It seems that my long articles aren’t scaring you all off to much. On Sunday’s post I made some changes to add section headers to make it easier to read and used the “read more” option let you decide if you are truly interested in reading more about that subject.
People don’t seem to have an issue with my pull quotes, so for the time being I’ll continue to do them as I have been.
I have started to do a few more short quotes with links back to the sources to make somethings shorter.
B.L.U.F. Overview of the types of arguments being made by the state to justify infringements. Start of a series.
There are three identified arguments that are currently being presented by the state to justify their infringements.
I’m a Florida boy, born and raised.
You can take the boy out of Florida but you can’t take the Florida out of the boy.
In Florida, hurricane preparedness is a way of life. Even when you move out of Florida, you spend the rest of your life prepping for hurricane season.
One of the hurricane behaviors that I have is in regards to trees.
Fuck trees. I have a chainsaw. In fact I have five chainsaw and am looking to add one more to the roster (I have a hankering for a Stihl MS251 Wood Boss).
Trees exist to be trimmed and chainsaws are for heroes.
See, when sustained winds of 75 mph winds come through whete you live, trees fall down and damage your home, car, and powerlines.
Cutting trees back so they don’t topple in the wind is a high priority.
I’m new to New England, but I just can’t understand the local lack of tree trimming.
Everywhere I go I see windfalls and limbs snapped off due to snow load.
Big trees hanging over homes and powerlines covered with snow and ice scares the fuck out of me.
It should scare the fuck out of you too.
‘In the arms of Jesus’: Teen critically injured by falling tree to be taken off life support
A teen in Tennessee was scheduled to become an organ donor Sunday after she suffered a life-threatening injury during storms that swept the state on Friday.
According to Liberty Creek High School, Aleya Brooks suffered a traumatic brain injury when a tree fell on her.
Jason Brooks, Aleya Brooks’ father, said the tree fell on her while she was helping her family clear debris from their driveway.
Jason Brooks said his daughter, who is also a cheerleader at her school, was taken to the hospital where it was determined she suffered multiple facial and head fractures, as well as deep bleeding in her brain.
The swelling in Aleya Brooks’ head increased Saturday, according to her father.
By Saturday evening, Aleya Brooks’ father said she would be “in the arms of Jesus now” as doctors prepared to remove her from life support on Sunday.
She’s not the only person in Tennessee to be killed by falling trees in the last few days.
Dangerous winds claim two lives in Middle Tennessee
In Hendersonville, an elderly woman was walking back to her home on Lake Terrace Drive when a tree fell on her. She died from her injuries, the city says.
The Tennessee Emergency Management Agency (TEMA) is currently at a Level 4 to provide increased monitoring and coordination from high winds that took place Friday.
Strongest wind gusts from Friday were in Clarksville, where gusts topped 79 mph.
High winds and trees are dangerous.
Keep your trees trimmed and if trees are sick, cut them down.
Don’t risk your life under a tree in a wind or ice storm.
Nature is a mean bitch and she will murder you in your own driveway with a tree.
Tree maintenance is very much a matter of life and death.
This is from CNN.
I had to check it twice to make sure it wasn’t a Babylon Bee story.
Pete Buttigieg starts to rethink how he does his job in wake of Ohio train disaster
Pete Buttigieg admits he got it wrong on the Ohio train derailment response.
But while the criticism is fair, he says, the critics are mostly not.
“It’s really rich to see some of these folks – the former president, these Fox hosts – who are literally lifelong card-carrying members of the East Coast elite, whose top economic policy priority has always been tax cuts for the wealthy, and who wouldn’t know their way around a T.J. Maxx if their life depended on it, to be presenting themselves as if they genuinely care about the forgotten middle of the country,” the Transportation Secretary said. “You think Tucker Carlson knows the difference between a T.J. Maxx and a Kohl’s?”
That’s an actual fucking quote from the Secretary of Transportation.
His metric for what separates the middle-class and working class from the wealthy is shopping at Kohl’s and TJ Maxx.
This guy is supposed to be a Rhodes Scholar who worked at McKinsey and sounds like a freshman community college politician science major.
He is irredeemaby amateurish.
Nothing will get fixed on his watch.
Even of he wanted to fix things, it’s clear he’s too incompetent to do so.
And that includes lowering your car window even a couple of inches.
Texas man losses his cool during road rage incident… pic.twitter.com/KmlZYe24QD
— Southland Post (@SouthlandPost) March 2, 2023
This could have gone very wrong. If stupid mode is engaged, why should you want to win an argument? Ego is a silly thing to feed when things go wrong. It will kill you.
B.L.U.F. The 2008 Heller case was a huge win for us. Yet somehow it didn’t result in the changes in infringements we expected. This is one of the cases we lost which was used to keep infringing regulations in place.
This case is important because this is one of the circuit level cases cited in multiple Second Amendment cases to support the use of intermediate scrutiny. The other commonly cited case is Kolbe v Hogan which was decided in the 4th circuit court.
These two cases came post Heller. As discussed multiple times in previous articles, when a case is decided that puts the brakes on for some sort of infringement, the infringers read through those opinions with a fine tooth comb looking for something to hang their infringements on.
Prior to Heller cases were heard and dismissed for lack of standing. Those same cases, post Heller came back through the courts and the state had new arguments to support their infringements that fit within the framework set out in Heller.
We’ve all had this type of argument. They say something you disagree with. You counter with your argument. They bring up supporting evidence and you counter. You win because you have a better grasp of the facts and reality. They immediately tell you that they didn’t have the position they had because of the reasons they just argued unsuccessfully with you, no it is this other reason.
Those were just as bogus. I shot them down. At the next arbitration they offered the same amount yet again with still a third set of numbers to justify. I showed how those numbers were bogus as well. I then asked “All you have for the buy out is that sum, right?” They looked at each other and nodded.
“Ok, then stop trying to justify that offer with bogus numbers. It is what you have and there isn’t any more.”
Sometimes these court cases feel like that. The state has but a single position and they will argue that position a dozen different ways, all as bogus as the last.
After Heller the states didn’t have the same knee jerk reaction at the legislative level that they did after Bruen, instead the issues were fought in court. In court the state through plate after plate of spaghetti at the wall to see what would stick. As soon as one piece stuck, the rest of the infringing states incorporated that argument into their own building up case law to the point where the Heller opinion had been all but neutered.
Fyock v. Sunnyvale came about because the city of Sunnyvale decided to “do something” and passed an ordinance banning Large Capacity Magazines.
The history of LCM bans in California started with the federal “Crime Control Act” of 1994. Part of the CCA was the AWB. There was also a LCM ban as part of that. In 2000 California put into place a ban on the manufacture, sale, purchase, transfer, and receipt of LCMs. They did not ban the possession of LCMs.
They didn’t feel the need to for some reason.
In 2004, the CCA sunset ending the federal AWB and LCM ban.
The state and the Ninth Circus court declared that this created a “loophole” where people in California could possess LCMs even if they couldn’t get new ones.
In 2013, the city of Sunnyvale had a citizen driven initiative on the ballot to ban the possession of LCMs. It passed.
From Colonel (Ret.) Craig Tucker, who is the AR-15 “expert” of the Gun Control side in the Rupp v. Bonta (C.D. CA, assault weapon ban):
This moron just said that Eugene Stoner was not and could not been an expert on the AR 15/M4 because he did not use it in battle.
Tucker is just pissed because his earlier document about the evil efficacies of the 5.56 round (decapitating bodies, exploding flesh) has been severely mocked pretty much anywhere in the gun and legal circles.