Litigation
UNCONSTITUTIONAL. Why this word is showing up in more court rulings.
I am not a lawyer. But for what it’s worth, I disagree with the Supreme Court’s assertion that “the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.” Because, just because the government has a long history of trampling civil rights, that does not justify continuing to do so.
- In a stunning event from the notoriously anti-gun Ninth Circuit, a panel of that court has denied the State of California an en banc hearing in a case known as Junior Sports Magazines, Inc. v. Bonta, in which the state passed a clearly unconstitutional law trying to prohibit firearm advertising which it claims, “reasonably appears to be attractive to minors.” This means the trial court’s denial of a preliminary injunction remains reversed and that court will be required to enter a preliminary injunction, preventing enforcement of the law while the case proceeds to final judgment. Democratic Gov. Gavin Newsom of California signed AB2571 into law in 2022.
- Fourth Circuit Shenanigans
- U.S. District Judge Andrew Schopler in San Diego on Wednesday blocked California’s attorney general from enforcing a new unconstitutional law, the Firearm Industry Responsibility Act, that allows residents, the state and local governments to sue members of the firearms industry that manufacture or sell “abnormally dangerous” guns.
- Last week the Ohio Supreme Court granted a new trial for a taxicab driver convicted of shooting and wounding a passenger in a claimed act of self-defense. The trial court judge denied the defendant’s request for a jury instruction on considering self-defense, because the judge thought he knew better than the jury how the deliberations should go. But the state supreme court said the trial court judge overstepped by improperly weighing the evidence of self-defense and considering whether it was credible and convincing. “When determining whether to provide a self-defense jury instruction, it is not the trial court’s duty to determine whether the defendant presented persuasive evidence to support the elements of self-defense,” the chief justice added.
- Polymer80 to Pay $1.2 Million to Baltimore in “Ghost Gun” Lawsuit Settlement. Never mind that the laws in question are unconstitutional.
- Related: Pennsylvania Appeals Court Upholds Philadelphia “Ghost Gun” Ban.
- “Rust” armorer Hannah Gutierrez-Reed, 27, testified last week at actor Alec Baldwin’s manslaughter trial. Her own trial started this week.
NRA Corruption Trial
The case is still with the jury as of this writing (Thursday AM). It’s likely we will have a verdict by the time you read this. Based on questions asked of the judge by the jury, I think the verdict will be against the defendants and what’s now being considered are who’s responsible for what damages and remedies.
- NY Vs. NRA: Transcript Of Final Arguments
- NY Vs. NRA: Charles Cotton Letter To Board
- NY Vs. NRA: Jury Instructions & Verdict Form
International Dateline
- Finland – NATO’s newest member – plans to open more than 300 new shooting ranges to encourage more citizens to take up the hobby in the interest of national defense. Since Russia’s violent invasion of Ukraine, the popularity of voluntary training courses aimed at teaching reservists and civilians how to defend Finland has doubled.
Liars
- Biden. I’ve probably already posted this, but as long as they keep lying we will keep pointing it out.
Enemies
- Johns Hopkins University elitists suggest that gun control for the little people will end or reduce the threat of insurrection. Because they missed their American history classes in junior high school, high school and into college.
- Gun-banning and anti-cop activist Rep. Colin Allred (D-TX), who is challenging Sen. Ted Cruz (R-TX), hired a private armed security team despite his strong stance of being anti-Second Amendment.
- Coffin-surfing singer John Mellencamp: “If we as a country want to find the collective will within ourselves to change our gun laws, let’s stop playing silly political games. Show the carnage on the news. Show the American people the dead children and others who have been struck down. Show us what guns and bullets can do to the human body.”
- We beat up on singer Taylor Swift last time. Now we learn that her boy toy, football player Travis Kelce, is unsurprisingly of like mind.
- Dope head Tommy Chong, of the Cheech and Chong comedy duo, says you are ignorant and “unintelligent” if you own a gun.
- The Everytown gun ban group declared California to be on the top of their list for “good” restrictive gun laws. The group contended we could save 298,000 lives if every state regulated guns as strictly as California, which in 2022 – the most recent year for which data is available – had the highest homicide body count in the nation with 2,197 murders.
- A deeper dive into President Joe Biden’s White House Office of Gun Violence Prevention.
- FBI.
- IRS: We don’t need no stinkin’ warrants.
The Only Ones
- Last week, police in the U.S. arrested Alan Alvarez, a former Tamaulipas State Police Officer (Mexico) linked to the mass killing and incineration of 16 migrants and three human smugglers in 2021. Police found the fugitive hiding in Kyle, Texas, in an attempt to avoid prosecution in Mexico. Alvarez is one of over a dozen Mexican cops linked to the mass killing.
Department of Idiocy
- A 13-year-old middle school student has been suspended, had his toy stolen, and is facing possible criminal charges after non-threateningly (is that a word?) playing with a toy gun in his own bedroom during a Zoom class.
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On the Peculiar Coverage of the Kansas City Shooting
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Even left-wing The Atlantic had an article this week admitting gun buybacks don’t work.
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DGUs
- You are on your own.
- Use enough gun.
- A Houma, Louisiana, homeowner heard strange noises shortly after 5 a.m. Tuesday and went downstairs to find an intruder, whom he shot in the forehead. The “alleged” intruder, 34-year-old Dex Herbert, fled after being shot. In the head. A police dog found Herbert a few blocks away in another house. He was taken to a medical facility to receive treatment for his gunshot wound and faces charges of simple burglary and outstanding warrant for probation violation. Proper placement is in the triangle between the eyes and nose.
- Kids and guns. 14-year-old shoots man trying to break into home. Frankly this one is a little iffy.
- A Memphis homeowner told officers he was asleep when he heard glass breaking in one of his bedrooms. Moments later, the criminals were in his room with him. The homeowner yelled at the men, asking why they were in his house. When one approached the homeowner, the resident opened fire, killing one perpetrator and sending the other to the hospital. The survivor has been charged with felony first-degree murder for the death of his accomplice.
- Back in September, four armed teenagers attempted to rob a St. Louis man, but the would-be victim took out a gun and fought back. One of the robbers was fatally shot in the head, and the man was injured. The other three teens were arrested and one of them, Jonathan M. Jones, 17, was certified to stand trial as an adult and has been charged with second-degree murder, first-degree attempted robbery, and two counts of armed criminal action. It’s unclear if the other teens will be tried as adults or go through the juvenile court system.
- The Armed Citizen
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Carry Loads
From one of Dave Workman’s readers:
“In a county included in my rural coverage area, as a state trooper, a deputy sheriff was, just as Mr. Workman’s businessman, carrying a shot load as his first round. His stated intent was that the shot load would blind and/or disorient his adversary. (Insider Online, “At Close Range,” Dec. 28)
When the very pro-law enforcement state’s attorney became aware of this, he told the deputy, in no uncertain terms, NOT to carry the shot load in his duty revolver. He said that should he shoot anyone in the face with the shot load, he most certainly would be sued for intentional maiming, and that suit would be successful.”
(I am not a lawyer and this is not legal advice. Just a word to the wise. – JP)
Tactics & Stuff
- CCW for big people.
- CCW for other big people. Pregnant ladies.
- Back-up guns.
- Qualification drills.
- Lumens vs. candela. Again.
- A brief guide on the use of financial information as a weapon against us.
- Too Much Tacticool: What is Truly Needed on a Home Defense Rifle?
Industry News
- The United States Special Operations Command (USSOCOM) has awarded Speer Ammunition with a three-year, 8.5 million round maximum, contract that continues supplying SOCOM with Speer Gold Dot G2 duty ammunition, which got the highest-scoring performance in the FBI’s testing protocol.
Obit
- Chuck Mawhinney, 75. Oorah.
Products
- New American gun company. Watchtower Firearms. Spring, TX.
- We have word that CCI’s new .22 LR Uppercut ammo achieves 8 to 10 inches of penetration in ballistics gel and through fabric barriers, with controlled expansion every single time out of semi-automatic short-barrel pistols (at around 950 fps).
- The Maxim Defense PDX-SD personal defense weapon with integrated suppressor is offered in 5.56×45 NATO, .300BLK and 7.62x39mm chamberings. 23.75″ long, 7.6 lbs. $3695.
- Fiocchi’s new Hyperformance Defense handgun ammo uses XTP bullets. I presume Hornady’s XTP. Available in many popular handgun calibers.
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“I see absolutely no reason for anyone from the private sector to not carry a second gun or two.” – Clint Smith
“Every single cop who has ever been killed in a gunfight was considered ‘qualified’ by his agency.” – Greg Ellifritz
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