Nguyen v. Bonta, No. 24-2035, Doc. 54 (9th Cir.)

(Feature Image is Raymond M. DiGuiseppe, who argued the case before the Ninth Circuit merits panel)

This was a big case with all the big names involved. We had Chuck Michel and Anna Barvir from Michel & Associates PC. If there is a Second Amendment case happening in California, they are likely to be there. The NRA was there. Erin Murphy, Paul Clement, Matthew Rowen, and Nicholas Gallagher from Clement & Murphy. You should know their names, think Bruen.

Regardless, Raymond is the one that argued and ran this case.

This was a unanimous opinion by all three judges. This is great. It is a win for The People. The 1 gun per 30 days is currently enjoined. The people of The People’s Republic of California have one of the rights the rest of the citizens of these United States enjoy.

Is this judgment going to stand? I do not believe so. The People have had a few wins in the district courts of California, and we have had a few wins with merits panels of the Ninth Circuit. In every case, the Ninth Circuit has then agreed to hear the case en banc and reversed the merits panel.

According to one of the judges that sits on the Ninth Circuit, the Ninth Circuit is over 150 to 0 against The People in Second Amendment cases.

History

In 1999, the state of California enacted a one-gun-a-month law. The law banned the purchase of more than one “concealable handgun” per 30-day period. In 2019, the law was extended to “handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part”.

You just have to love that made up term “firearm precursor part”. Does that mean a billet of 6061? Does it mean a raw forging of aluminum? Does it mean an 80% lower? Yeah, when does it stop being a pipe from The Home Depot, and it becomes a firearm precursor part?

The plaintiffs in the district case became Appellees at the circuit level are the good guys. They wanted to buy more than one firearm per month. The case is a facial challenge to the law.

The judges looked at this case “de novo”, or as if it were new. Because the case was a facial challenge, they only considered the text of the statute. It is the burden of the plaintiffs (good guys) to establish that no set of circumstances exists under which the law would be valid.

The Analysis

The Second Amendment guarantees that “the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II. This provision, coupled with the Fourteenth Amendment, “protect[s] an individual right to keep and bear arms for self-defense.” Bruen, 597 U.S. at 17; see also District of Columbia v. Heller, 554 U.S. 570, 628–30 (2008); McDonald v. City of Chicago, 561 U.S. 742, 767–68, 791 (2010). The analysis of a Second Amendment challenge is rooted in the constitutional text and in our nation’s history and tradition of firearm regulation. Bruen, 597 U.S. at 24. We first ask whether “the Second Amendment’s plain text” covers the regulated conduct at issue. Id. If it does, “the Constitution presumptively protects that conduct.” Id. That presumption can be overcome only if “‘historical precedent’ from before, during, and even after the founding evinces a comparable tradition of regulation.” Id. at 27 (quoting Heller, 554 U.S. at 631).
Nguyen, et al. v. Bonta, et al., No. 24-2036, slip op. at 7 (9th Cir.)

This is correctly stated and a good summary. It is at this point where most of the rogue, inferior, courts go off the rails.

Next, we consider whether the plain text of the Second Amendment protects the regulated conduct just identified. Bruen, 597 U.S. at 24. It is well established that the Second Amendment’s guarantee of “the right of the people to keep and bear Arms,” U.S. Const. amend. II, protects “the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Heller, 554 U.S. at 635; see also McDonald, 561 U.S. at 780. This “core Second Amendment right … ‘wouldn’t mean much’ without the ability to acquire arms.” Teixeira v. County of Alameda, 873 F.3d 670, 677 (9th Cir. 2017) (en banc) (quoting Ezell v. City of Chicago, 651 F.3d 684, 704 (7th Cir. 2011), abrogated on other grounds by Bruen, 597 U.S. 1). Thus, we have “consistently held that the Second Amendment … ‘protects ancillary rights necessary to the realization of the core right to possess a firearm for self-defense.’” B&L Prods., Inc. v. Newsom, 104 F.4th 108, 118 (9th Cir. 2024) (quoting Teixeira, 873 F.3d at 677), cert. denied — S. Ct. —, 2025 WL 1211774 (2025). While we have not defined “the precise scope” of protected ancillary rights, we have held “that the plain text of the Second Amendment only prohibits meaningful constraints on the right to acquire firearms.” Id. (quoting Teixeira, 873 F.3d at 678) (emphasis added).
id. at 8–9

Teixeira was decided in 2017, against The People. Yet, it is quoted multiple times. Ezell v City of Chicago, in front of the Seventh Circuit court in 2011, was also a loss for The People. Both cases preceded Bruin and as such need to be reanalyzed in light of the Bruen analysis. In other words, they are likely bad law.

They did not cite to Minneapolis Star & Tribune C v. Minnesota. This is because that case is a Supreme Court opinion and was a much stronger indictment for not messing with The People’s rights via restricting ancillary actions. In that case, the state (bad guys) put a tax on the ink purchased by large newspapers.

The phrase “meaningful constraints” is where this opinion starts to go sideways. Because they are quoting case law from before Bruen they are sneaking in “interest balancing”. The state does not get to decide what is or is not a “meaningful constraint.”

They don’t get to because they always extend it to far. Is a $200 tax on a firearm accessory that much of a constraint? Is a requirement for government permission to purchase a firearm accessory? Or to ask for permission to move it across state lines?

According to the federal government, it is not a meaningful constraint. Nor does the state of California think it is a meaningful constraint.

This makes the statement erroneous. This is why I call foul on citing to bad case law to support current cases.

Making a Summary Because I’m tired

California argued that the Second Amendment doesn’t guarantee a right to possess multiple firearms, and even if it did, restricting the frequency of firearm purchases is not a meaningful constraint.

This panel swatted that one down. They point out that if the state was right and because things apart from firearms are arms. The state could argue that if a person owned a knife could be banned from purchasing a firearm.

They get the plain text section right.

Unfortunately, only in part. They claim that delays that serve presumptively valid purposes are constitutional but that in this particular case, the law purpose of the delay is the delay.

They found that there is no history or tradition of meter the exercise of a constitutional right.

Of course, the infringers use the “nuanced approach” argument. That phrase now makes me sick. It tells me the bad guys are about to lie through their teeth and expect me to smile.

Here the court reaches the correct conclusion but for the wrong reasons. This can be bad for the Second Amendment rights of the People.

The nuanced approach only applies to things that are not bans. This is a ban, a metering of rights. In Heller, the Supreme Court found that there was no history or tradition to support firearm bans. This means that a one-per-month ban is unconstitutional, period.

The merits panel then spends a half dozen pages of electrons to find other reasons to find no tradition.

Conclusion

It is a win. I’ll take it.

It is not good case law. They did not create a general understanding of “Plain text” and they did not do a correct history and tradition analysis.

This suggests, to me, that this opinion will be cited by the anti-gun people in the future, in negative ways.

Regardless, this opinion will not stand. It will get overturned by the en banc panel. The Supreme Court is unlikely to grant cert if they request cert.

Man washing hands, studio shot.

My Part is Done

I’m sure you all are tired of reading about my vehicle troubles. I’m sure this won’t be the last post about it.

Base problem, the truck is 15 years old. It was given a new frame, but it is starting to age out.

Major safety issues:

  • Right front wheel bearing is bad
  • Left front wheel bearing is going bad
  • Right front caliber is likely bad or will go bad when pads are replaced.
  • Left front caliber is likely bad or will go bad when pads are replaced.
  • Front brake pads, both sides, are bad
  • Front rotors, both sides, are bad. Wear pattern shows uneven application of force
  • Right rear hard line to flex line at frame has bad crimp. It will fail soon
  • Multiple other smaller, non-safety issues

The goal was to reduce my costs at the dealer as much as possible. His price on parts is reasonable, he puts a reasonable markup on those parts. He is willing to use customer supplied parts from me. I have told him that he can reject any parts I bring him if they are not up to his expectations.

The total cost of parts, from Rockauto was $514. Of that, only the brake calibers were the right parts. Everything else goes back for store credit, my choice.

Total cost of parts from local shop, over $500. This was ONE wheel bearing, pressed, instead of two, a pair of rotors and new brake pads. Moreover, there is the brake cleaner, brake fluid, two 12 in sections of brake line. I’m glad they know me. I wish they didn’t know me by name when I walk in.

I thought the right front went ok, after I stopped cursing about buying the wrong parts. It is verified that I made the mistake.

I will have my guy inspect my work and fix any errors I made.

The left front did not go as smoothly.

The wheel didn’t want to come off. The use of a long punch and a 5 pound hand sledge and my son’s help got that off.

The process of taking off the caliber is to first take off the flex hose to hard line bracket. This is a 12 MM (head) bolt.

That bolt head is now round and the bolt is still in place. I should have drilled it out with a left-hand drill and then used my other tools to remove it. My vice grips have gone on walk-about, so I couldn’t even use them.

I was able to break the line lose at the caliber and remove the caliber. The rotor gave way after jack bolts and banging.

It was getting late. The calibers did not want to line up. I finally got it installed, and the hard line would not go into place. I left it like that for the night.

Today started with a trip to the parts store for hard-line. Ally strongly suggested that having the part and not needing it was better than needing the part and not having it. Thank you, Ally.

After a bit of cussing, the hard line went into place. It would not hold pressure. It was time to try my hand at bending break line.

The hardest part of me was the fact that I had to stuff 12 inches of hard line where I should have been using a 6-inch length.

Moreover, did you know that the fittings will not slide around curves? They slide freely on the straight part. That was fun, straightening the line enough to get the fitting into place, then bending it back.

This was a painful process. Because there was no flex, I was bending the hardline with a mandrel in place. Think 2 foot long chuck of 1 inch diameter steel bar and a 1.5 inch diameter steel bar, 2 foot long. Yes, they are heavy. They get heavier the longer you have to hold them in place.

It got done. It was tightened to specification, see AVE’s earlier work. “Click”.

No leaks! I’m happy. I spend the time to find the right size for the bleeder valve. Wheel goes back on, the world is good.

It is time to bleed the brakes. The rear brakes go fine. When I go to bleed the right front, there is a puddle of brake fluid. It is leaking.

When I crawl under and review it, it is leaking where the hard line enters the calibers. At that point my daughter arrives home, I catch a ride with her to get another piece of brake line.

This goes a bit better as I could detach the bracket to get things into place.

So, going into the shop, they will replace the bad crimp, replace the left front wheel bearing, not the complete unit. They will check all the bits and pieces.

I did receive a few helpful comments. I do have an air powered impact gun/wrench. It does ok. I need to upgrade it, as it does not produce enough torque.

Because the gun is weak, I normally break the lug nuts loose before I lift the car. This makes it much easier after the car is up.

To access the axle nut, I need to remove the dust cover. To access the dust cover, I have to remove the wheel and rotor. To remove the rotor, I have to remove the caliber. To put the rotor and wheel back on and lower the car is more work than using a pry bar against the lug studs to keep the wheel hub from spinning.

isolated dirty hand of worker after work hard for a long time on white background

50% done is half ass

This is filler as I’ve not looked at the news nor anything else on Friday.

As I’m writing this at 1830 on Friday, my hands are almost as grease covered as the worker’s hands in the image. I’ve been up since 0700 and have been at work on the Truck since 0930.

First stop, the auto supply store for cotter pins, brake cleaner, and brake fluid.

The first wheel comes off just fine.

Then it was time to take of the calibers. That is where I got my first surprise, these are big, and they do not float.

I’m used to calibers that are attached to the knuckle with two 14 mm headed screws. Torque specs are “yep, click”.

These bolts are normally greased and the calibers just float on the pin portion.

Not mine. They are attached with bolts torqued to 91 ft/lbs, and they are stuck. It took nearly 45 minutes to break them free using a 1″ black iron pipe as a cheater. The big issue was that there was not enough room to work the breaker bar with cheater. I got it done.

Once the caliber was off the truck, it was time to attack the rotor.

The rotor refuses to leave the truck. I whaled on it with a 5 pound hand sledge, it did not budge.

Second trip out, I sent my son to get some 6mx1.0 jack bolts. He returns with exactly what I needed. It only took three text messages. “What is grade 8?”, “do you want the type with the hex top?”, and “How long do they need to be.

Guess what? They don’t fit.

It is only then that I remembered that I have a nice thread gage checker. This is a steel cable with most thread sizes you would find in normal stuff. Each “key” (my son’s term for them), has an external threaded section on one side and an internal threaded section on the other.

In other words, you can screw one side into a hole, and you can screw bolts and screws into the other side.

Testing the jack boltholes I find they are 8m1.25 Off my son goes to get them.

With those in hand, the rotor comes off,

It is now time to attack the axle dust cap. This doesn’t want to come off, but a gentle (not really) attack with a cold chisel, and it gives me a gap for a pry bar to pry it off.

This revels the first clean metal I’ve seen, the axel, axel nut, and the lock for the axel nut.

With a bit of help from my son to keep the hub from rotating, I apply 300+ foot pounds with my foot. There is a load SNAP and all the tools let go. The bar being used to stop the hub from turning, the breaker bar, the 36 mm socket all went their directions.

We recovered all the pieces. I inspected the axel for damage, trying to figure out what snapped. The axle nut now spins off with just light finger pressure. Good news.

I then get the first “win” of the day. Driving the axel out of the sandpaper, err, bearing, was easy and just worked the way it was supposed to.

Driving the other side off? Not so much. After way too much effort, some stupids along the way, my son and I were able to drive the bearings off the knuckle.

The day is good!

After all that work, it is time to start reassembling the front right side. I picked up the “hub with pressed bearings” and compared it to the old part.

Not only does it not match the old part, I can’t make it work without someway to cut a spline in the damn thing.

I messed up. I wasn’t paying enough attention when I ordered front-wheel bearing assemblies. Yes, it had the 6 lugs, but it turns out that there was another version of the Tacoma which uses the heavy-duty brakes, calibers and all the rest, but it is RWD only.

I’m almost in tears. My son takes me to the parts store. They have it in stock. $195. Rockauto.com sells a better version for $106. OUCH! This is precisely what I was hoping to avoid.

It is too late to got back, I buy the parts and we go back.

With the correct part in hand, we can install the bearing assembly. I was just a question of tightening each bolt in sequence, the same amount.

I even have the right tools to torque the bolts. I’m a happy creature.

Time to install the new rotor.

This is where I started cussing to myself.

As I was checking out, I had the rotors, pads in the cart. The website suggested that I use a kit because it came with more hardware, and it was cheaper.

I went for it.

And missed that I had returned the 6 lug version and replaced it with a 5 lug version.

After a short crying jag, my son takes me back to the parts store. Yes, they have the parts in stock. 2 rotors and a set of pads. But because they only have premium in stock, $214.

The passenger side is completed. The bearing has been replaced, the rotor has been replaced, pads have been replaced, brake caliber has been replaced.

The only thing remaining is bleeding the brakes.

Starting work on the driver’s side. The damn wheel won’t come off the rotor! This required energetic use of that five pound sledge with a long punch to knock it off the rotor.

Jack bolts and a bit of hammering and the rotor came off. The brake caliber is stuck on and the head of the bolt holding the hard line on the hub side and the flex line on the frame side rounds over. I can’t get it off.

My son bounces on the breaker bar a few times before the bolts finally come loose. We managed to get the correct two bolts out, pay no attention to the extra bolt we took out.

We then got the hub ready for the new rotor. It took 30 minutes to get the rotor and caliber installed. It was then that I noticed that the hard line doesn’t line up. I take the top bolt out of the caliber and attempt to get the hard-line to attach.

That is when I called it. I was afraid I was cross threading the hard line to the caliber.

I’m tired, I’m grumpy, I don’t want to see the crap and noise that the leftist put out today.

I hope you are having a great weekend. I’m out there working on the truck. Only about 4 hours more of work.

Prepping – Preparing the Mind

You can have the most guns, the biggest stockpile of rice and beans, and all the best shelter, and still not be prepared to survive.

Mindset is the absolute most important thing you have to prepare for an emergency. Whether it’s a zombie apocalypse, a hostile nation bombing us, or a fire in your dryer hose, having the right knowledge and mindset is what will allow you to survive.

It’s easy to figure out infrastructure things. Do you have X number of cans of protein, and X number of bags of carbs? Check. You’re done. Even stuff like first aid is pretty straight forward. The way you take care of a broken leg is going to be largely the same no matter the situation you’re in. It’s less easy to teach yourself how to behave in an emergency.

Years ago, I was a part of St. John Ambulance. When I first joined, I took the standard first aid courses available. I then went on to take more advanced ones. At that point, my captain took me out to events to see how I’d do. The answer was, I did alright on the technical front (I knew what equipment to use, in what order) but I did shitty on the attitude front. It wasn’t that I was squeamish (frankly, doesn’t matter if you can get the job done). It was that my reaction to nerves was to giggle. Let me tell you that most hockey players do not want a giggling young adult female tending to their gaping wounds. I had to find a way to fix it.

My captain was a practical man. He decided to just work it out of me. He took me with him to some of the most brutal scenes I’ve ever witnessed. I’ve held the hand of a woman who was dying because a seatbelt eviscerated her and help was much too far away. I’ve held gauze in the open wound of a hockey player who had his neck slashed accidentally. I’ve ridden on the chest of a man while giving compressions, while being rushed to an ambulance, on the bus, and into the hospital. After a while, I stopped giggling. It wasn’t that any of it became normal. There is no normal when you are dealing with dying people. It’s that I stopped responding with the giggles.

I still giggle, and sometimes cry, and often get shakes. It’s just that those are now my reaction AFTER the emergency is over. During the emergency, I go all deadly calm, I talk softly and move slowly and deliberately, and I get shit done. There’s time for panic and upset after, but when an emergency is … well, emerging, you just Git’er’done.

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Netting

2.5 nets completed. The first net will be used to practice repairs because I made a few mistakes. The fix? Cut the bad part out and tie in a new section. Easy.

The second net had no glaring errors. Mostly knots that did not get set perfectly and using a sheet-bend to tie on more line. The correct knot to use is a water knot. It has one section of whipped cord at the top for a handle. Future round nets will have a wooden handle, which I will turn.

The third net is a rectangular net. It is around 4 ft deep and is currently around 3 ft wide. The target size is 4 ft by 8 ft. I’ll turn it into a gill net by adding weights and floats. Then pictures and it will never be used in NH. Gill nets are not allowed in my area.

Django and Bootstrap

Refactoring is fun. Learning new stuff all the time. I am so glad I have an expert to help me with the bootstrap stuff.

Iran

Initially, I was concerned about getting sucked into a war with Iran. I no longer believe that will happen.

There is no need for boots on the ground. We can accomplish all that is needed by putting warheads on foreheads.

And, it looks like Israel will continue to be the point of the spear. Dropping those warheads.

If we do need to send the Boners in to deploy a few GPU-57s, that is still not boots on the ground.

The Market

We received the first part of our inheritance earlier this year. Some money went to fun stuff. Most of it went into the market. All of my kids’ money went into the market.

It turned out that the ‘savings’ account at my local bank was paying 0.01% APR. Not a way to make money.

I’m using one of the automated investment accounts. You tell it what your goals are. It buys the right things. If it decides it is time to get out of that security, it will sell. It will buy when it thinks it needs to.

Since I invested our money, we’ve had a 3.6% return on investment.

Last Thursday, Israel dropped warheads on foreheads. On Friday, the market responded. In the course of a day of trading, we lost about 40% of what we had made.

On Monday, there was a slight recovery.

Tuesday, saw another dip.

Wednesday saw more recovery.

I expect there to be more instability in the market over the coming weeks. War makes investors nervous.

Here’s the thing, I still have the same amount of cash available to me to use instantly.

I can convert the securities into cash and withdraw the money at any time.

Or I can just leave it the F. alone. Which is what I will continue to do.

When the market goes down, that’s when you should buy.

Car Parts are Here!

That cursing you hear is me working on the truck. All the parts arrived safely, yesterday. I have all the tools I need to do the installation.

My only concern will be knocking the wheel bearings off. Hopefully, that will not be too difficult.

I have decided to leave replacing the brake calipers to the shop. It isn’t that I can’t do it, it is that I hate bleeding brakes. This way, I end up with the best of all worlds.

The shop will have to pull the wheel and calipers. Disconnect the calipers and put in the new ones. They then get to bleed the brakes, but they have the brake fluid, they have the vacuum bleeding system. They have the multiple people ready to do the right thing.

This is low cost and sounds like the right path to me.

Question of the week

Which caliber have you taken up, bought gun and ammo and maybe reloading dies, which you later decided was a bad choice, and why?

Which caliber do you want to explore?

For me, the caliber that I have had second thoughts on is 7.62×39. I have one rifle in that caliber. I have limited ammunition in that caliber. And the gun would likely pass for “new” if I tried to sell it.

I’ve been thinking of something like .17HMR or one of the long-range calibers in the 30-06 class.

Ok, maybe something like the Savage Arms Revel Classic in .17HMR

The (Semi) Daily Dump

Iranian Military Officers Reach Out to Crown Prince Reza Pahlavi, Declaring Their Intent to Defect and Pledge Allegiance
https://gellerreport.com/2025/06/iranian-military-officers-reach-out-to-crown-prince-reza-pahlavi-declaring-their-intent-to-defect-and-pledge-allegiance
Military officers of the Islamic regime in Iran have now begun seeking contact with Iran’s exiled Shah and National Leader, His Majesty Reza Shah II Pahlavi, expressing their intent to defect and pledge allegiance to His Majesty. The future of Iran is in the hands of the people of Iran.

Jew-Hating Jihadi Zohran Mamdani Calls for Global Jihad, Says ‘Globalize the Intifada’ is Expression of “Palestinian” Rights
https://gellerreport.com/2025/06/mamdami-calls-for-global-jihad.html/
…‘globalize the intifada’ is a call to commit violence against Jews. New York City will not be safe for Jews, if the anti-Semitic thug Zohran Mamdani is elected mayor. If NYC Elects Mamdani, Blame Ranked-Choice Voting Jihad Jew-Hating NYC Mayoral Candidate Zohran Mamdani Defends Boycotting Israel, Vows to Arrest Netanyahu At Synagogue Event

When Trump bolted the G7, he also stood up Zelenskyy and Ukrainians are furious
https://www.bizpacreview.com/2025/06/19/when-trump-bolted-the-g7-he-also-stood-up-zelenskyy-and-ukrainians-are-furious-1552525/
Ukrainian diplomats are angry and frustrated because President Donald Trump departed the G7 conference in Canada early without first meeting with Ukrainian President Volodymyr Zelenskyy. (OMG! How will we ever cope with angry Ukrainians? Whatever will we do? – How can we survive? – THE CORRECT ANSWER IS – DON’T GIVE UKRAINE ANOTHER PENNY/BULLET/OZ. OF FUEL/ or spend another second on talks with them – UKRANINE IS NOT OUR FRIEND! – LET THEM HATE US FOR FREE – JLR)

Kathy Hochul’s New York: Armed illegal alien chases down U.S. Attorney
https://www.bizpacreview.com/2025/06/19/kathy-hochuls-new-york-armed-illegal-alien-chases-down-u-s-attorney-1552505/
In a shocking incident that further underscores the need for mass deportations, an illegal alien armed with a knife chased down a United States attorney in the streets of Albany, New York.

Biden Judge Blocks Trump’s Two Genders On US Passports, But Supreme Court Says ‘No’ On Trans Treatments For Minors
https://www.zerohedge.com/political/court-expands-block-trump-admin-biological-sex-only-passport-rule
Autopen-appointed US District Court Judge Julia Kobick issued a ruling Tuesday that temporarily blocks the Trump administration from allowing only two genders, male and female, that align with biological sex, on US passports…Kobick stated in her ruling that the suit against the Trump administration is likely to succeed because, in her opinion, it discriminates on the basis of sex, and is “rooted in irrational prejudice toward transgender Americans.”

Men weeping over being ‘manhandled’ video showcases difference in Democrat and Conservative men
https://www.bizpacreview.com/2025/06/19/men-weeping-over-being-manhandled-video-showcases-difference-in-democrat-and-conservative-men-1552506/
There is now a visual confirmation of the glaring difference between Democrat and conservative men. An effective video compilation on social media delivers a body blow to weepy leftists who have, in the last days and weeks, thrown tantrums over having to face the consequences of their actions.

Dems seethe as facade of autopen presidency comes crashing down
https://www.theblaze.com/news/overight-project-over-target-dems-seethe-as-facade-of-autopen-presidency-comes-crashing-down
Democratic lawmakers walked out of a Senate hearing Wednesday on former President Joe Biden’s cognitive decline, its cover-up, and its alleged exploitation behind the scenes. The Republican lawmakers who remained at their posts were rewarded with troubling insights into the fallout of both the cover-up and America’s apparent governance in recent years by an unelected cabal of ideologues….”The president takes positive actions and authenticates those actions through his signature. His signature is required for the most significant actions he may undertake: to sign an executive order, to take any action vested in him by the Constitution, as in granting a pardon, and to take the most important action of all: to sign a bill into law,” said Wold. “In all these cases, the president’s signature is itself the protection of democratic principles. When the president signs, he communicates his assent and endorsement of the action he takes.”…”In June 2022, the Biden White House began deploying the autopen to sign clemency warrants, and executive orders in July of 2022. Autopen use skyrocketed from there,” said Wold. “We found that of the 51 clemency warrants issued during the Biden presidency, over half — 32 in total — were signed with an autopen.”…Texas Sen. Ted Cruz (R) cut deeper, asking Wold whether legislation that passed both chambers of Congress but then was signed by a presidential staffer without the president’s authorization is law. “No,” said Wold…Sen. Eric Schmitt (R-Mo.) — who concluded Biden’s was the “autopen presidency, a government run by committee rather than a leader chosen by the American people” — indicated that he will be “pursuing a Special Access Request to obtain Biden’s staff secretary’s autopen memo and records tracking Biden’s authorization of several autopenned documents.”…Wold told Blaze News, “Those who received autopen pardons should be charged for the crimes they were pardoned for. Those who operated the autopen without the direction of the president should be charged with potential crimes ranging from impersonation of an official to forgery.”

Something very telling in the case of “Maryland Man” Abrego.
https://miguelgg.substack.com/p/something-very-telling-in-the-case
And his case pretty much has disappeared from the News Media. I believe that the last thing they expected was for him to be brought back and put in front of a judge while presenting to God and Country a litany of charges of crimes he allegedly committed.(The shrill yapping, yet toothless, DemocRAT Chihuahuas have moved on to the next shiny photo-op, looking for face time on TV – jlr)

The CENSORSHIP of the LEFT
JD Vance Joins Lefty X Competitor Bluesky, Gets Banned After Just One Post
https://www.westernjournal.com/jd-vance-joins-lefty-x-competitor-bluesky-gets-banned-just-one-post/
…the most prominent new user on the platform in quite some time took just 20 minutes and one post to get banned…Vice President J.D. Vance joined the left-leaning platform Wednesday and focused on the big news of the day: namely, the fact that the Supreme Court had delivered a 6-3 vote in favor of states which banned transgender procedures for minors…“Hello Bluesky, I’ve been told this app has become the place to go for common sense political discussion and analysis,” he wrote in his first post. “So I’m thrilled to be here to engage with all of you.”…The New York Post noted that Vance’s “ban was brief, as the vice president’s account was reinstated just minutes later.” However, it’s telling that the sitting vice president of the United States, simply by pointing out what the law of the land was — and not in contravention of any of the platform’s guidelines — managed to get himself banned from the platform in less time than it takes most people to make pasta. And not just that, he was banned over bringing reality into the equation…when someone from the other side politely shows up to share reality with the dwindling liberal anger-party, they apparently stop smashing each other for a second and begin smashing the vice president, completely unaware that this is why they keep losing.

FIREARM NEWS
The importance of using the proper shotgun shells (Part 2 – Video)
https://miguelgg.substack.com/p/the-importance-of-using-the-proper-4b7
This is a follow up to my previous post “The importance of using the proper shotgun shells.”(https://miguelgg.substack.com/p/the-importance-of-using-the-prope) since now we have good video excerpts of the incident.

Let’s ‘Follow the Science’ on Suppressors
https://bearingarms.com/tomknighton/2025/06/18/lets-follow-the-science-on-suppressors-n1228982
Reason’s J.D. Tuccille included some of that in a recent piece about suppressors.(https://reason.com/2025/06/18/gun-owners-deserve-freedom-to-enjoy-the-sound-of-silencers/) But even after decades of continuing technological development, suppressors still don’t deliver the silent mobland rub-outs that Hollywood fantasized then and truth-impaired politicians still scaremonger about…Perhaps more importantly, though, if it doesn’t make a gun whisper quiet, then why are we restricting them in the first place? The whole argument about them is that they’re super scary because no one will hear anything until someone is dead, but that’s simply not true outside of a Hollywood film set. Banning them was dumb. Continuing to ban them is even dumber.

FOOD for THOUGHT
America’s Choice: National Divorce or Civil War
https://keepgovlocal.substack.com/p/americas-choice-national-divorce
…The Elites, hailing from both Left and Right within the political kaleidoscope, are the big players in the midst of all of this. They are working to ensure the volatility will continue to grow until it reaches a breaking point… a new series of attacks, designed to provoke conflict and distrust inside America at higher levels than those seen during the COVID hysteria. The first stage would involve weaponizing the law itself against large segments of the population, mostly against the general populace with some more well-known names thrown in for the purpose of publicizing the misuse of the law…the second stage could be slowly introduced. With the people already angry and frustrated by seeing their very governing structures being used against them when they had done nothing wrong, strong desires for vengeance against those who had persecuted them would inevitably begin to arise. The people who then be more inclined to disregard the very checks and balances which should have protected them in the first place. This, in turn, would make the rights guaranteed the people under the Bill of Rights, in effect, a dead letter…third stage in the Elites’ plan is now being put into action. Political fervor is being whipped up into a power-hungry frenzy on all sides of the political divide. With the MAGA movement being constantly labeled as a “clear and present danger” by it’s opponents, and a similar mentality unfolding within the MAGA movement against their own adversaries, a dangerous brew is being stirred domestically…the last and most important stage in the plan to destroy America’s founding principles can be unleashed: The State of Emergency known as “War”…National Divorce is the option with the least number of dangers to the freedoms and principles which are America’s true foundation. Withdrawing from the manipulated and corrupted government structures which now advance the Globalist project would allow defensive consolidation for preservation of these values. While this would not guarantee avoidance of war, as the Elites would likely seek to use every tool at their disposal to bring those seceding back under their control, the conflict would be changed into one of self-defense as opposed to maneuvering for power. As multiple self-defense, grassroots-oriented conflicts have shown through the centuries, sheer military power is not a guarantee of victory in war. Today, ever increasing masses of people now have a basic knowledge of the reality of the Globalist conspiracies, thanks to the awakening brought about by COVID, as well as ever increasing public proclamations of increasingly crazy agendas. This makes for far longer odds of the Elites being able to break an opposition alliance rooted in self-defense. The added advantage of not opening up a political void for other nefarious actors to potentially seize substantial power, makes this an even more appealing approach. The route to rebuild the world based on America’s founding principles would be a much smoother one. Good elements of the old order could be oriented to correct the abuses which manifested themselves over the 250 year life of the original American experiment.

IN HUMORE EST VERITAS – (I don’t always agree with all of them – jlr)
Truth Bomb Central: Memes that Expose the Deception (349th Edition)
https://www.dukeofgood.com/p/truth-bomb-central-memes-that-expose-5f4

“Avoid crowds – Get Out of the Cities. – NOW.  A year too soon is better than a day too late” – John Wilder @  https://wilderwealthywise.com/

“God created all men, but Samuel Colt made them equal.” – Unknown

“A Smith & Wesson does more for empowering women than Feminism ever could” – Greg Gutfeld 29 Jul 2017

Don’t Do: stupid sh*t, with stupid people, in stupid places, at stupid times. – paraphrasing John Farnam, firearms instructor

“An armed society is a polite society” – Manners are good when one may have to back up his acts with his life.” ― Robert A. Heinlein

“People sleep peaceably in their bed at night only because rough men stand ready to do violence on their behalf.” – Eric Arthur Blair (AKA – George Orwell)

“If your plan is to come to my house when things get bad, you need a better plan”- like being invited, having a useful skill, bringing food, or ammunition – jlr76380

“On a long enough timeline, the survival rate for everyone drops to zero” – https://www.zerohedge.com/

Close up of Wooden Antique Workshop Table and Tools for Woodwork. Creative Space for Fine Art Creator and Sculptor, Witnessing Talent and Inspiration. Old Traditional Wood Carving Tools

What Do I Do First?

Lumber has become expensive. A couple of 4x4s, some 2x4s and a 2×10, and I’m looking at painful amounts of money. Ouch.

Which brings us to working to a goal:

This cabinet will be knocked down and flat packed. We want this for events. All in all, it looks nice and will perform the functions we need.

I started looking at the materials required to make this. The costs for the lumber starts to get a little excessive. Mostly because of some wide boards that are required. In addition, we will be making more than one and some other pieces as well.

Which takes me to wood. Wood is what you find in trees and burn in your wood stove. Lumber is what you build from.

I have a lot of wood outback. I don’t even bother with all the pine that has fallen over the years because it is horrible for heating. And splitting it is painful.

In the best of all worlds, I would have some way to drag the wood out of the lot, load it into a wood mill, and then mill it to size. Base cost, about $3000. And I’m not sure if I can get the wood out. So add another $2k for the ability to move logs.

The next best thing would be to mill in place. This I’m willing to try. It requires a jib for my chainsaw and a willingness to mill. I expect to be able to pull some reasonable 4/4 lumber out this way. Beach, red oak, pine, elm and some other wood.

Ok, that tool comes first. Add a learning curve.

Now that I have that, I need to turn that 4/4 into useful lumber for building. There is nothing in that shelf unit that is beyond my skills. I’ve built furniture in the past. I expect to be able to build this.

Except I don’t have a place to build it. Which leads me to: I need a workbench:

This is an English Joiners workbench. It has a torsion box interior to stabilize the top, The apron is 2×10 to add stability. There is diagonal bracing which is firmly attached to the rear apron and rear legs to stop racking side to side. And cross bracing for the trestles to stop forward and back motion.

It is held together with screws and construction adhesive. This is where I want to end.

For work holding, a wooden leg vise will be available as well as planing stops, hold down holes, Batten stop and a crochet.

All of this will make it easy for me to work on the cabinets that I intend to make.

Except… The front apron needs to be flat and parallel on both major sides. This is no problem. I have the planes to do this. I have the knowledge of how to do it and some of the skills required.

All I need is a workbench with a planing stop.

What I require is a flat surface to use as a pseudo surface plate for woodworking. The only thing that might come close is the floor of my shop. Which is full and where it is not full, it is oily.

The answer is to build a workbench.

The workbench that I would make is a “low Roman workbench”. It would have a laminated top of 2x4s on edge. I don’t need to make the faces of the 2x4s “flat” I just need to make them flat enough for glue up. I can do this without a reference surface.

To make the surface of the low Roman workbench flat, I can just plain it flat. This can be done with the good plains I already have and some winding sticks.

In addition, the low Roman workbench is better suited for sawing.

For now, I’m stuck between making both workbenches or using my plainer to plain the front apron. If I use the plainer, I get to a workbench faster.

Well, my rubber ducks, thank you for that option.

I’ll use machine tools to get my joiners workbench up and running soonest. I might build the low Roman a bit later.

Now to have time and good weather to build this thing. It looks to be a three day build.

The (Semi) Daily Dump

Weather Check: “It’s About To Get Brutal”
https://www.zerohedge.com/weather/weather-check-its-about-get-brutal
Extreme humidity — not just extreme temperatures — will make headlines over the next week as a heat dome develops.
https://x.com/BenNollWeather/status/1934945286650282488
https://x.com/BenNollWeather/status/1934945286650282488/photo/1
https://x.com/BenNollWeather/status/1934945294447427922/photo/1

Former Iranian President Ahmadinejad Assassinated Point Blank
https://gellerreport.com/2025/06/reports-former-iranian-president-ahmadinejad-assassinated-point-blank.html/
Unconfirmed reports from Tehran that former president Ahmadinejad was assassinated at point-blank. This demon’s nickname was the “poison dwarf.’ This mass murderer lived too long…It has taken 46 years, but Ahmadinejad has finally paid for what he did to our fellow Americans when he led the seizure of the US Embassy in Tehran.

The Rubin report is a conservative political news talk show hosted by Dave Rubin, airing on BlazeTV and YouTube.
Dave Rubin of “The Rubin Report” shares a DM clip of exiled Crown Prince of Iran Reza Pahlavi urging the people of Iran to rise up against the Islamic Republic and the Supreme Leader Ali Khamenei.
video – 00:02:33 – https://youtu.be/rUaEBsqYoBU

For President Trump, To Fordow Or Not to Fordow, That is the Question
https://gellerreport.com/2025/06/for-president-trump-to-fordow-or-not-to-fordow-that-is-the-question.html/
Just to be clear, Israel never wanted American boots on the ground. Ever. They have always been crystal clear about that. No American blood shed. Militaria. Weapons. Ammo. Firepower. Yes. Only the United States has the 30,000-pound “bunker-busting” bombs necessary to take out the Fordow Nuclear Weapon Plant buried half a mile underground…the crown jewel in Iran’s nuclear program, the Fordow Fuel Enrichment Plant, remains. Housing several thousand centrifuges and buried 80 to 100 yards underground, the facility would allow Iran to reconstitute a fissile material stockpile even if other elements of its nuclear infrastructure are badly damaged. Israel has two options to destroy Fordow. It can drop a large number of 1,000-pound and 5,000-pound bunker-busters, using its understanding of the facility’s design to maximize damage and dig through layers of soil, rock and concrete. This would take several strike waves, increasing the risk that Iran’s remaining air defenses might “trap” Israeli fighters. Alternatively, Israel could stage a commando raid, physically sabotaging the site, with profound risks to personnel. The most natural option is, instead, an American strike on Fordow. The U.S. developed the GBU-57A/B Massive Ordnance Penetrator, or MOP, a 30,000-pound bunker-buster. Depending on facility design and penetration angle, it would likely take between three and eight MOPs to cripple Fordow. Each B-2 stealth bomber can carry two MOPs. The U.S. could conceivably mix MOPs and lighter weapons to use B-52s, B-1s, or stealth fighters, in the strike package. The point, putting aside the technical specifics, is that the U.S. has a one-shot opportunity to finish Iran’s nuclear ambitions, one that would take no more than a few airstrikes. This would also trigger regime destabilization

Kash Patel Gives Congress Intel on Chinese Interference in 2020 Election, Mass Producing Fake Mail-In Ballots
https://gellerreport.com/2025/06/fbi-intel-china-fake-drivers-licenses-to-fake-mail-in-ballots.html/
The FBI has documents which reveal the CCP produced fake U.S. driver’s licenses to skew the 2020 election with fake mail-in ballots for Joe Biden. China had mass-produced fake U.S. driver’s licenses to carry out a scheme to hijack the 2020 election with fake mail-in ballots for Joe Biden. FBI Director Kash Patel handed over the documents to Senate Judiciary Committee Chairman Chuck Grassley…The FBI’s suppressed intel on China’s 2020 election plot isn’t just a scandal—it’s proof of systemic corruption. Kash Patel’s declassified docs reveal China mass-produced fake driver’s licenses to hijack mail-in ballots, yet D.C. buried it. Where’s the outrage? If this were a conservative-linked operation, the media would’ve demanded arrests.
Update:
Wray’s FBI Ordered Other Intel Agencies to Destroy Report on Plot to Steal 2020 Election
https://www.westernjournal.com/updated-report-wrays-fbi-ordered-intel-agencies-destroy-report-plot-steal-2020-election/
Just 24 hours later, however, another bombshell dropped from the same Patel-piloted plane. He revealed that the recall notice also ordered the following: “Recipients should destroy all copies of the original report and remove the original report from all computer holdings.”

All Roads Lead to Barack Obama
https://susandaniels.substack.com/p/all-roads-lead-to-barack-obama-92b
Consider our lives today. Our country is involved in multiple wars, heading toward bankruptcy, is violent, filthy, has a dispirited population, corrupt elections, a depleted military and we just had a senile Joe Biden forced out of office under the threat of Democrats withholding donations and use of the 25th Amendment. Did this all start with the inauguration of Joe Biden? The mess we find ourselves in today began with the fraudulent election of Barack Obama. Obama was the perfect patsy for the job: easily flattered, easily led, self-important and greedy. Obama stole the 2008 election using questionable foreign donations and a fraudulent Connecticut social security number. Those are crimes. He was never vetted for office and, had he been, he would have been revealed as an ineligible candidate for the White House. The people who helped him knew that he didn’t qualify. Candidates are not vetted by the opposition party; they are vetted by their own party. Republican politicians knew he used a stolen number when he was elected because I contacted them with proof. They ignored me. Obama originally had a Hawaiian social security number; that would have been mandatory because he claimed he worked at a Baskin-Robbins store when he was fifteen. He could not have worked without one and they were issued by the applicant’s address. His Hawaiian number would have started with a 575 or 576 like his sister Maya Soetoro Ng, not 042. That one was for the exclusive use of Connecticut residents on March 28, 1977, when his was allegedly issued……………………..

‘Fundamentally Flawed’ New York Judge Blocks ICE Access To Rikers Island Over Alleged Adams Conflict
https://www.zerohedge.com/political/fundamentally-flawed-new-york-judge-blocks-ice-access-rikers-island-over-alleged-adams
Judge Mary Rosado issued an opinion in Council of City of N.Y. v. Adams. The court is blocking the city from allowing the federal government to maintain office space at Rikers Island. The reason is that Rosado agreed that Mayor Eric Adams had a conflict of interest and likely bargained away the access as part of a quid pro quo arrangement to get the Justice Department to drop criminal charges against him.

“It’s Disgusting”: Erik Prince Torches RINOs For Screwing America Out Of DOGE Cuts, Warns Of Primaries
https://www.zerohedge.com/political/its-disgusting-erik-prince-torches-rinos-screwing-america-out-doge-cuts-warns-primaries
Blackwater founder Erik Prince unleashed on Congressional Republicans, blasting their failure to codify spending cuts identified by Elon Musk’s Department of Government Efficiency (DOGE). Prince also declared that GOP lawmakers’ reckless overspending will trigger a brutal primary season, as fed-up conservative voters hold them accountable at the ballot box.

FOOD for THOUGHT
critical mass in the echo chamber
https://boriquagato.substack.com/p/critical-mass-in-the-echo-chamber
the ideovidual event horizon and the swamp donkey swan song
f96d73a0-773a-413a-bac3-6d18b06b6f4d_1920x1036.jpg

YES, THEY ARE THIS STUPID
What a Deranged Anti-ICE Clown Screamed As She Tried to Block a Bus Full of Illegals Was Totally Insane
https://townhall.com/tipsheet/mattvespa/2025/06/18/what-a-deranged-anti-ice-clown-screamed-as-she-tried-to-block-a-bus-full-of-illegals-was-totally-insane-n2659013
…As one bus load tried to leave, these deranged anti-ICE leftists got in front of the vehicle and screamed, “Let my people go,” before being scraped off by federal agents.
video – 00:01:58 – https://twitter.com/i/status/1934975749695410299
video – 00:)2:26 – https://twitter.com/i/status/1933684145714000000

The Reactions to This NYC Mayoral Candidate Being Manhandled by ICE Is Hilarious
https://townhall.com/tipsheet/mattvespa/2025/06/18/the-reactions-to-this-nyc-mayoral-candidate-being-manhandled-by-ice-is-hilarious-n2659016
It must be ‘act like a dumba**’ month for Democrats. We have another Democrat who got busted by Immigration and Customs Enforcement trying to interfere in a police action, which led to him being manhandled. New York City Comptroller Brad Lander, a New York City mayoral candidate, engaged in these antics before the cameras. We all know what he was doing here. Also, the picture says it all (seeking street cred – jlr)
video – 00:01:37 – https://twitter.com/i/status/1935017298588483603
video – 00:00:11 – https://twitter.com/i/status/1935074435976876300
video – 00:00:43 – https://twitter.com/i/status/1935074178400420183

FIREARM NEWS
Gun Owners Deserve Freedom To Enjoy the Sound of Silencers
https://reason.com/2025/06/18/gun-owners-deserve-freedom-to-enjoy-the-sound-of-silencers/
Long restricted by federal law, suppressors are poised to be freed by litigation or legislation…Suppressors Are Protected by the Second Amendment
“In the view of the United States, the Second Amendment protects firearm accessories and components such as suppressors,” the U.S. Department of Justice conceded in a May 23 filing in the case of U.S. v. George Peterson, regarding a Louisiana man charged with nothing more than possessing an unregistered suppressor. “As a result, restrictions on the possession of suppressors burden the right to bear arms, and a ban on the possession of suppressors or other similar accessories would be unconstitutional.”…But even after decades of continuing technological development, suppressors still don’t deliver the silent mobland rub-outs that Hollywood fantasized then and truth-impaired politicians still scaremonger about.”Mass murderers use silencers so their targeted victims can’t hear the gun shots, and they can kill more people who don’t flee when the shooting begins,” Sen. Chris Murphy (D–Conn.) bullshitted last week…Suppressors are a good idea that help protect our health. They’re also an expression of our fundamental right to do as we please so long as we don’t harm others. On both counts, they deserve to be freed from authoritarian and stupid legal restrictions.

‘Big Beautiful Bill’ Scraps Al Capone-Era Tax On Sawed-Off Shotguns & Short-Barreled Rifles
https://www.zerohedge.com/political/big-beautiful-bill-scraps-al-capone-era-tax-sawed-shotguns-short-barreled-rifles
On Monday, the Senate Finance Committee released the current text for the Reconciliation Bill, also known as the “Big Beautiful Bill.” In the text, Republican Senators have removed Short Barreled Rifles, Short Barreled Shotguns and “Any Other Weapons” (a catch-all term used to restrict other types of firearms not originally covered by the NFA) from the taxation, and therefore the entire tax scheme of the National Firearms Act (NFA)…However, like anything else in Washington, D.C., we shouldn’t celebrate until the bill is signed with these provisions included.
Make sure to keep up the pressure on your elected officials by calling (202) 224-3121 and reminding them that you want to keep the removal of the tax on suppressors and short-barreled firearms in the Big Beautiful Bill. Pressure from grassroots gun owners calling their congress members got us this far, and that same pressure will keep these provisions in the bill when it heads to President Trump’s desk for signing into law.

TEXAS
Texas Media Tries to Undermine Pro-Gun Moves with Debunked Study
https://bearingarms.com/tomknighton/2025/06/18/texas-media-tries-to-undermine-pro-gun-moves-with-debunked-study-n1228979
exas has long had a pro-gun reputation, but it wasn’t as well-earned as many would have liked to believe. Recent years have seen much of that change, though. They’ve started to live up to their reputation…the legislative session saw additional steps in that direction…the media in the Lone Star State has a problem with that, especially in light of a recent “study”(https://jamanetwork.com/journals/jamapediatrics/article-abstract/2834530) that’s made the news.

IN HUMORE EST VERITAS – (I don’t always agree with all of them – jlr)
Truth Bomb Central: Memes that Expose the Deception (348th Edition)
https://www.dukeofgood.com/p/truth-bomb-central-memes-that-expose-fd1

Cancel Your Dream Iranian Vacay? Americans Devastated as State Dept. Ruins Summer Plans for Zero People

https://twitchy.com/justmindy/2025/06/18/us-issues-travel-warnings-to-iran-n2414420ple
The hearts of families all over America must be breaking as they will need to cancel their summer plans to travel to … Iran.

“Avoid crowds – Get Out of the Cities. – NOW.  A year too soon is better than a day too late” – John Wilder @  https://wilderwealthywise.com/

“God created all men, but Samuel Colt made them equal.” – Unknown

“A Smith & Wesson does more for empowering women than Feminism ever could” – Greg Gutfeld 29 Jul 2017

Don’t Do: stupid sh*t, with stupid people, in stupid places, at stupid times. – paraphrasing John Farnam, firearms instructor

“An armed society is a polite society” – Manners are good when one may have to back up his acts with his life.” ― Robert A. Heinlein

“People sleep peaceably in their bed at night only because rough men stand ready to do violence on their behalf.” – Eric Arthur Blair (AKA – George Orwell)

“If your plan is to come to my house when things get bad, you need a better plan”- like being invited, having a useful skill, bringing food, or ammunition – jlr76380

“On a long enough timeline, the survival rate for everyone drops to zero” – https://www.zerohedge.com/

FBEL – Slavery

I think that, from our current relatively enlightened viewpoint, we can all admit that slavery is wrong. Heck, I’m even polite to the Google Lady on my phone (who’s technically just a tech-slave), just in case the computers take over.

That said, I have to admit that I have enjoyed being able to get some of the stuff I have from China, Taiwan, and other Asian countries. This means I have supported slave labor. If you’ve bought anything from Temu, or any Chineseum knock offs from Amazon, you’ve supported slave labor. Hell, if you’ve bought peeled garlic, you’ve supported slave labor. I would hazard to guess that most people in America (or any of the first world countries) have supported slave labor at some point in their lives. We’re consumer creatures, and that means we buy cheap whenever we think it’s worth it. Cheap pretty much means slave labor. If you think you’re outside that broadly painted stroke, you’re probably wrong (unless you live off grid in the middle of nowhere and are mostly self sufficient, in which case I apologize for lumping you in).

Every person who’s supported gun control has chosen slavery. Every person who’s supported taxing the rich to give to the poor has chosen slavery. Every poor person who votes for more bread and circuses has chosen slavery. Freedom isn’t comfortable, and slavery often is. After all, as a slave, you don’t have to think or be responsible for things. It’s just easier. As a slave, you can be ignorant. After all, you’re “only” a slave. And you’re protected from the consequences of your actions. Slaves, after all, are owned by the ruling class. Therefore, any errors on the slave’s part are actually errors of the ruling class, not the slave.

Read More

Close-up Of An Open Law Book And Wooden Mallet In Courtroom

My Dicta Good, Your Dicta Bad

Like most rights, the right secured by the Second Amend­ment is not unlimited. … courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever pur­pose.
Nguyen, et al. v. Bonta, et al., No. 24-2036, slip op. at 7 (9th Cir.)

This bit of text is quoted in almost every case where the state is defending their blatant infringements.

They still use this citation, even post Bruen. After Bruen, they added a ⁣more nuanced approach.

What these two quotes have in common is that they are “dicta”.

Dicta is short for obiter dictum. It refers to statements made by a judge in a legal opinion which are not essential to the decision of the case.

What is essential is the holding.

Part of the problem is that the superior courts would rather not resolve the same issues over and over again. They want a one and done case.

The core holding in Heller was that the Second Amendment was an individual right. As such, any ban of a class of firearm, defacto or not, was unconstitutional.

That’s it. The entire discussion on dangerous and unusual, in common use for lawful purposes, and “this is how you perform Second Amendment jurisprudence” is dicta.

Because it is “just” dicta, the inferior courts can choose to ignore it. Or pick and choose which parts of dicta they wish to use.

The rogue inferior courts will use the “not unlimited” to search for the boundaries. Then they will find that the particular law is outside the boundaries of the Second Amendment.

The Bruen opinion introduced more dicta. These dicta were directed orders to the inferior courts. No more two-step shuffle. No more means balancing.

The inferior courts were told, clearly, that the process of picking a level of scrutiny, and then applying a balancing procedure was unacceptable.

They were told to first look at the plain text of the Constitution. The very same language the Court has been using for decades, if not centuries. These inferior courts have shown that they are perfectly capable of reading the plain text of every part of the Constitution, except the Second Amendment.

Once the conduct “touches fingers” with the Second Amendment, the burden shifts to the state to show that their regulation is a match for this Nation’s historical tradition of firearm regulation.

In Rahimi, they said that a person can only be temporarily denied their Second Amendment protected rights. The inferior courts then proceeded to decide that a permanent loss of Second Amendment protected rights was Constitutional, when applied to anybody who could have been sentenced to more than a year in jail/prison.

Finally, Mexico’s allegations about the manufacturers’ “design and marketing decisions” add nothing of consequence. Brief for Respondent 23. As noted above, Mexico here focuses on the manufacturers’ production of “military style” assault weapons, among which it includes AR-15 rifles, AK-47 rifles, and .50 caliber sniper rifles. See supra, at 6; App. to Pet. for Cert. 121a. But those products are both widely legal and bought by many ordinary consumers. (The AR-15 is the most popular rifle in the country. See T. Gross, How the AR-15 Became the Bestselling Rifle in the U. S., NPR (Apr. 20, 2023.) The manufacturers cannot be charged with assisting in criminal acts just because Mexican cartel members like those guns too. The same is true of firearms with Spanish-language names or graphics alluding to Mexican history. See supra, at 6. Those guns may be “coveted by the cartels,” as Mexico alleges; but they also may appeal, as the manufacturers rejoin, to “millions of law-abiding Hispanic Americans.” Tr. of Oral Arg 80; Reply Brief 20. That leaves only the allegation that the manufacturers have not attempted to make guns with non-defaceable serial numbers. See supra, at 6. But the failure to improve gun design in that way (which federal law does not require) cannot in the end show that the manufacturers have “join[ed] both mind and hand” with lawbreakers in the way needed to aid and abet. Direct Sales, 319 U. S., at 713.
id. at 8–9

This is also dicta. This paragraph was written by Justice Kagan. Justice Sotomayor wrote something similar in Rahimi, I believe. Where she also admitted that the AR-15 was in common use for legal purposes.

After S&W v. Mexico was decided, many of the plaintiffs (good guys) filed notices with their respective courts, pointing them to the opinion. The gist of many of these notifications were, “The plain text is implicated. The burden shifts to the government to prove their ban is justified by this Nation’s historical tradition of firearm regulation. The Supreme Court stated that a firearm or class of firearms can only be banned if it is both dangerous and unusual. If a firearm or class of firearm is in common use, it is not unusual and cannot be banned. Justice Kagan said AR-15s are in common use.”

Well, the replies to those filings have started to come in. In a shocking turn of events, the infringers are now arguing that the Justice Kagan quote is “just dicta” and should be discarded. That it is just meaningless noise.

(But please remember that my dicta, “not unlimited”, cannot be discarded. It was put into a Supreme Court opinion.)