…….

Another Rogue Judge, Capon and NAGR v. Campbell D. Massachusetts

Legal Court Dunce
B.L.U.F.
A rogue, agenda driven, judge in Massachusetts finds that “Assault Weapons” and “Large Capacity Magazines” can be banned because the Supreme Court didn’t thing “common use” through.

And besides, they are dangerous, so they can be banned.
(3600 words)


Just skimming through the first part, which for the most part is the background of the case, the following sticks out

Plaintiffs contend that “assault weapon” is “a rhetorically charged political term meant to stir the emotions of the public.” (Pls. Mem. ¶ 1). They propose using the term “banned firearm” instead. Because the First Circuit used the term “assault weapon” to refer to the same statute in Worman v. Healey, 922 F.3d 26 (1st Cir. 2019), this memorandum and order will follow suit.
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It is always a sign of a rogue court when they find a reason to use “assault weapon”. This is worsened because they cite to a First Circuit court case from 2019, before Bruen.

The court then correctly cites Winter for the factors in granting a preliminary injunction. The takeaway, for me, is that they cite to Ryan v. U.S. Immigr. & Customs Enf’t,974 F.3d 9, 18 (1st Cir. 2020) as the First Circuit’s Winter equivalent.

The gist of both Winter and Ryan v. Immigration & Customs Enforcement is that the court needs to evaluate if the movant is likely to prevail on the merits. Both cases say that if the movant is not likely to win on the merits, that is where the court should stop.

The twisting and turning begins

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Friday Feedback

We had great news out of California, surprisingly. The court in Reno May v. Robert Bonta has issued an injunction:

Plaintiffs, who are concealed carry permitholders and related organizations, brought these two lawsuits against California to challenge the constitutionality of many of SB2’s “sensitive place” provisions. They now seek a preliminary injunction enjoining California from enforcing the challenged sensitive-place provisions, asserting that many of those restrictions violate their Second Amendment rights and deprive them of their ability to defend themselves and their loved ones in public. Plaintiffs are right. Their motions for a preliminary injunction are GRANTED.

This is a complete win for the plaintiffs (good guys).

This was a complete surprise. In addition, the state has not filed their intent to appeal. In the past, in California, they have filed their intent to appeal within hours of a negative order by the judge.

Over in the D.C. Circuit Court, they have scheduled arguments for February, without input from the parties. This is means that the Circuit isn’t going to let this drag out.

There are numerous filings that came out late yesterday that I’ll be looking over.

For those that are bored with reloading, I’m reaching the end of that series. I have received so many good comments that have been helpful. Things to try, things to not do.

I’m currently in the process of machining my own 1/16in drill bit extension, as well as my version of a case trimming jig for use on a drill press or milling machine. It is likely that I’ll make a stuck case removal gizmo.

One of those things where I’ll spend 6 hours in the shop to make something that costs less than $20 from Amazon.

The strange thing, is that the simple drill extension is available for only $59 from McMaster-Carr. One would think a drill extension would be lower cost.

The comments are open, please feel free to let us know what you are thinking.

Things You Learn (while reloading)

Imperial Resizing Wax works great at keeping your brass from getting stuck in your dies.

Imperial Resizing Wax doesn’t want to come off your brass unless it is onto a clean white dress shirt.

Purple Power degreaser on a paper towel takes off the wax.

Removing Imperial Resizing Wax from 100 cases makes my fingers cramp.

Dawn Dish soap does not remove Imperial Resizing Wax in the wet tumbler.

LimiShine does not remove Imperial Resizing Wax in the wet tumbler.

Dawn Dish soap plus LimiShine does not remove Imperial Resizing Wax in the wet tumbler.

(It leaves the cases covered in wax AND all the gunk cleaned from the inside of the brass. UGLY)

Purple Power at about 10-20% solution will remove Imperial Resizing Wax from cases!

Using Purple Power after Dawn and LemiShine leaves the brass clean but dull.

Using Purple Power first, with no media, strips the Imperial Wax off

Finishing with a run of Dawn Dish soap followed by a run with just LimiShine leaves a beautiful, like new finish.

Purple Power is cheap when you buy it in bulk, it is ok to use it to clean brass.

The size of a flash hole is nominally 1/16 in, or 0.061.

If the hole is smaller than 0.070 inches, your decapping pin might not go into the hole and if you add too much pressure, it will break.

McJ Tools sells bulk decapping pins, which are nicer than anything I’ve seen from the “Names”.

The decapping pin in the Frankford hand decapping tool is the same as the pin used in Lee dies.

The decapping pins of a Redding die will get stuck in flash holes smaller than 1/16 in.

McJ Tools makes a tool for normalizing flash holes to 0.070 inches.

Some brass has a thicker web between the case and the primer pocket than others.

The McJ Tool flash hole normalizer does not cut as deeply as the web of some brass.

McJ Tool makes a primer pocket normalizer tool to cut the primer pocket to size and depth.

The McJ Tool pocket normalizer does not remove military crimps.

A normal-sized primer pocket is just a little too small for some #41 primers.

The Layman EZ trim tool is fast and easy to use. I trimmed 300–500 pieces of brass in an evening with it.

The Layman EZ trim tool uses the case hold down system I had designed for my drill press/milling machine adapter to trim cases.

Wet tumbling your brass can cause the necks to close up slightly.

Redding neck lube works wonderfully when resizing the necks of cases.

The RCBS swagging dies create perfect primer pockets that can be primed easily.

A depth of cut of 0.050 on a 3/8in boring bar in 6061 will deflect. Spring passes are required.

Having the wrong tool height on a boring bar can cause excess loading.

Using a Lee turret press with auto advance is really nice when it can be used. The four positions are: Neck sizing, through die powder charge, bullet seating die, and empty.

It takes almost the same amount of time from pouring powder to being ready for more powder as it takes the auto charge machine to throw the next charge, accurate to 0.1grains.

If you have good ladder sights, 45-70 can travel a long distance, accurately.

Reloading: Tests – Part 10

(2450 words)

When you choose a firearm, you choose it for a reason. Yes, I have some firearms that are in the safe because they followed me home. But there are many more that were picked for a reason.

We pick our firearms for looks, for the feel in the hand, the cool factor, the weight, and a multitude of different options.

We also pick for practical reasons. As an example, I have critters that get into the chicken house and into the feed and are sometimes on the porch. There are bears that roam the area. These are all targets at different times.

There is a display rack in the living room. It holds four lever action rifles. The blue haired fairie has them named, “bear”, “deer”, “raccoon”, and “squirrel”. In order, 45-70, 30-30 Winchester, .357 Magnum, .22 LR. Each has a different purpose, coming from different requirements.

Anybody who is anybody will tell you that those rifles really don’t have the ability to go the distance. They are all 100 yards, or less, rifles. The real truth is that I can ring steel at 100 yards with any of them. But getting a line of sight of 100 yards around here is difficult.

In the safe is a Remington 700 in 7.62×51. I’ve taken deer with it at around 600 yards. That rifle has great optics on it, and it was designed for taking shoots at that distance, or greater.
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Tuesday Tunes

My family use to watch Bing Crosby Christmas Specials every Christmas.

Hagar happened to mention that she truly enjoyed the David Bowie and Bing Crosby version of this song.

I will also note that she pointed out that if some kid showed up and started playing a drum around my baby, just as I got him to sleep, it would not be a joyful event.

Reloading: Bullets – Part 9

(1800 words)
How to open a can of worms… There are people who have the recipe they swear by. Yet, they will admit that there are other recipes that function nearly as well as theirs does. Bullets, on the other hand, have much stronger feelings.

We’ll start by breaking bullets down into two categories, bullets that transfer as much energy as possible to the target, and those that don’t.

I just finished some reloading. Many of the rounds I loaded were 55gr .224, Full Metal Jacket Boat Tail. Some were 55gr Soft Point Boat Tail.

The difference being that one had a pointy noise covered in copper. The other had the very tip, exposing the lead of the core.

Given that the size of that tip was maybe 0.080 in diameter, I did not expect to see any difference. I was wrong.

Using the super scientific test media known as “pumpkin”, I placed two small pumpkins down range and put 10 rounds into it. All hit. Nice grouping. There was significant damage to the pumpkin. It was still obviously a pumpkin.

I changed magazines, made sure the soft points were going where I wanted (rang steel). Then I went to put the last 10 rounds into the other pumpkin. I was only able to put one round into the second pumpkin.

That “soft point” round caused the pumpkin to fly to pieces. I ended up with pumpkin pieces as much as 4 yards from the point of impact.

This has shown me just how much difference there can be.

History

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When A Rogue Court Proves They Are Disingenuous

Part of the Heller methodology is the use of text, history, and tradition of regulations.

Not discussions, not proposed laws, not policy, but actual regulations. That is, laws passed by the legislatures of the state or federal government.

Today, it is pretty easy to gather the current laws. It is more difficult to get historical records. “The Court House burned down.” isn’t just an excuse, it actually happened, in several places.

Remember that in the war of 1812, the British marched into Washington, D.C. and burned large parts of it.

So what is a rogue court and an infringing state to do when they can’t find a regulation to match their proposed infringement?

Find somebody who made it up!

Item, it is enacted, that no man great nor small, of what condition soever he be, except the King’s servants in his presence, and his Ministers in executing of the King’s precepts, of of their office, and such as be in their company assisting them, and also upon a cry made for arms to keep the peace, and the same in such places where such acts happen, be so hardy to come before the King’s justices, or other of the King’s Ministers doing their office with force and arms, nor bring no force in affray of peace, nor to go nor ride armed by night nor by day, in fairs, markets nor in the presence of the King’s Justices, or other ministers, nor it [sic, likely “in”] no part elsewhere, upon pain to forfeit their armour to the King, and their bodies to prison at the King’s pleasure. And that the King’s Justices in their presence, Sheriffs and other ministers in their bailiwicks, Lords of Franchises, and their bailiffs in the same, and Mayors and Bailiffs of cities and boroughs, within the same cities and boroughs, and boroughholders, constables and wardens of the peace within their wards shall have power to execute this etc. [in original] And that the Justices assigned, at thier coming down into the country, shall have power to enquire how such officers and lords have exercised their offices in this case, and to punish them whom they find that have not done that which pertain to their office.
[xCite item=”FLCZBDCF” pos=0]

The quote was taken from the Duke Center for Firearms Law web page.

Something stands out in that “law,” claiming to be from 1792. I couldn’t put my finger on it, but our readers are much sharper than I am.

My memory is pretty poor, but I seem to remember that the American Revelation ended September 3, 1783. The author of this piece of “history” wants us to believe that nearly a decade later, North Caroline was still referring to the “King” and “Lords”?

This “regulation” does not pass the sniff test. I believe it to be fabricated. When it was fabricated, I do not know. But for the Second Circuit court to depend on it indicates that they did not treat their job seriously.

The Second Circuit then cites to [xCite item=”NCSEYPBD” pos=1]. This should be familiar to the Second Circuit, and to those of us in the Second Amendment Community.

Respondents next direct our attention to three late-18th-century and early-19th-century statutes, but each parallels the colonial statutes already discussed. One 1786 Virginia statute provided that “no man, great nor small, [shall] go nor ride armed by night nor by day, in fairs or markets, or in other places, in terror of the Country.” Collection of All Such Acts of the General Assembly of Virginia ch. 21, p. 33 (1794).14 A Massachusetts statute from 1795 commanded justices of the peace to arrest “all affrayers, rioters, disturbers, or breakers of the peace, and such as shall ride or go armed offensively, to the fear or terror of the good citizens of this Commonwealth.” 1795 Mass. Acts and Laws ch. 2, p. 436, in Laws of the Commonwealth of Massachusetts. And an 1801 Tennessee statute likewise required any person who would “publicly ride or go armed to the terror of the people, or privately carry any dirk, large knife, pistol or any other dangerous weapon, to the fear or terror of any person” to post a surety; otherwise, his continued violation of the law would be “punished as for a breach of the peace, or riot at common law.” 1801 Tenn. Acts pp. 260–261.

A by-now-familiar thread runs through these three statutes: They prohibit bearing arms in a way that spreads “fear” or “terror” among the people. As we have already explained, Chief Justice Holt in Sir John Knight’s Case interpreted this in Terrorem Populi element to require something more than merely carrying a firearm in public. See supra, at 34–35. Respondents give us no reason to think that the founding generation held a different view. Thus, all told, in the century leading up to the Second Amendment and in the first decade after its adoption, there is no historical basis for concluding that the preexisting right enshrined in the Second Amendment permitted broad prohibitions on all forms of public carry.
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In other words, the Supreme Court has already looked at this law and found that it does not support infringements.

[xCiteBib]

Friday Feedback

There are numerous cases that are bouncing closer and closer to the Supreme Court. The readers of the tea leaves all agree, the Supreme Court is going to static.

There are people who have spent decades observing the Supreme Court, attempting to predict what they will do in any particular situation. Some of them have great track records, some reaching as high as 50%!

Cases exist in different “states”. Everything before final judgement is interlocutory. This means that the case hasn’t reached a conclusion at this level.

The current spat of infringements being challenged are all in that interlocutory state. The Supreme Court doesn’t normally act on cases that are still interlocutory. They much prefer everything done and ready for them to give an opinion that is going to stick.

So don’t worry when you see the Supreme Court hasn’t done something.

The reloading series is nearing an end, I have a few more articles to write in that series.

If you think there is something I’m missing, please let me know in the comments. I might have it queued up for an article already, or I might have missed it.

For those of you that do progressive reloading, yes, I know it is the cat’s meow. I might touch on it, but I’ve never used a progressive press. I’m not the right person to write that article.

As always, feel free to give us your thoughts in the comments below.

Have a great weekend!