Quick Recap of a few cases

Duncan v. Bonta 23-55805 (9th Cir). The 9th circuit granted a stay pending the outcome of the appeal. They will be hearing oral arguments on March 18, 2024. This means that The People living in California will be deprived of their civil rights until the 9th returns their opinion.

This is sickening because the Supreme Court already told the Ninth they got it wrong when they GVRed this case after Bruen

Renna v. Becerra is still in a holding pattern. The District court ordered an injunction, then stayed the injunction pending resolution in the Ninth Circuit court. That was back in April. Still no movement on the case.

Barnett v. Raoul 23-cv-00209 (S.D. Illinois) is slowly moving forward. The parties agree that this case is going to seek cert. with the Supreme Court. Therefore, they are doing discovery to have facts on record. Everybody in the case is dotting “i”s and crossing “t”s to make sure the case is processed correctly.

Most of this is because the Seventh Circuit court has too many agenda driving rogue judges on it.

Carralero v. Bonta, 8:23-cv-01798, (C.D. Cal.) was our win from Wednesday, Friday, the state gave notice that they would be appealing. Until the Ninth Circuit grants the stay, many of the sensitive places restrictions in California are enjoined.

This could be good news for the 2A community. If the en banc panel that is messing with Virginia Duncan tries to grab this case, it will be clear that they are cheating. If a different three judge panel gets this case, they could rule for The People.

The state should be procedurally barred from asking for a stay on the injunction because they have not asked the district court for a stay.

Reno May v. Robert Bonta, 8:23-cv-01696, (C.D. Cal.) sees the state appealing to the Ninth Circuit. Same old stuff as Carralero

Kipke v. Moore, 1:23-cv-01293, (D. Maryland) is having numerous supplemental authority filings. The plaintiffs (good guys) have brought up the S.D. California win for The People. The state is bringing up the Antonyuk decision by the Second Circuit.

Of course, the state has to cheat. They only mention the parts of the Second Circuit’s opinion that support them, totally omitting the few places where the Second eviscerated their regulation.

Bains v. American Tactical, Inc., 6:23-cv-06208, (W.D.N.Y.) is the lawfare against gun manufactures and resellers for the acts of bad people. The current attack is to claim that the selling of firearms creates a public nuisance. Being a public nuisance is against the law, so the manufacturer or reseller are responsible for an asshole shooting others.

Rocky Mountain Gun Owners v. Polis, 1:23-cv-02563, (D. Colo.) is making its way through the Tenth Circuit court after losing at the district court level. There, the district court found that the plain text of the Second Amendment does not cover waiting periods.

Like always, the state moves at a snails pace when it means that The People will be denied their rights longer.

California Rifle and Pistol Association, Incorporated v. Los Angeles County Sheriffs Department, 2:23-cv-10169, (C.D. Cal.) is a new case. It was filed in early December. It challenges the cost in time and money to get permits to carry in certain locations in California.

More importantly, it challenges the lack of reciprocity. California does not recognize any other state’s CCW. California does not allow out of state residents to get California CCWs. This means that out of state residents are denied the right to carry in California.

This flies directly in the face of Bruen. This could be the start of nationwide reciprocity. I can certainly dream.

I hate traveling into Mordor. The state was horrible before Bruen, since Bruen it has just gotten worse. They still have laws on the books that require people to have state permission to purchase or posses ammunition or ammunition components.

There are many more, but this gives a sampling. I’m watching for a request for certiorari from Bevis out of Illinois. They made a request on the Supreme Court’s emergency docket, which was denied. A straight-up ask might be granted.

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.
[xCite item=”75DAVPP7″ p=”41-42″ pos=2]

In other words, the Supreme Court has already looked at this law and found that it does not support infringements.

[xCiteBib]

A Take down of the Second Circuit Court’s Odious opinion

Legal Case Analysis
B.L.U.F.
In reading some recent filings, I came across this excellent take down of the Second Circuit Court’s opinion.
(1550 words)


The following is mostly from plaintiffs (good guys) in Kipke v. Moore in the District Court of Maryland. As mentioned the other day, the state is using the opinion out of the Second Circuit to bolster their arguments. The plaintiffs are having none of it.

Plaintiffs respectfully submit the following response to Defendants’ Notice of Supplemental Authority. See Notice, Doc. No. 45. Plaintiffs argue that the Second Circuit “rejected the notion that courts should look only to Founding-era laws and traditions.” Id. at 1. The only authorities cited by the Second Circuit are the now-vacated Eleventh Circuit opinion in National Rifle Association v. Bondi, a concurrence from the Third Circuit, and two Circuit court opinions pre-dating Bruen. See Antonyuk v. Chiumento, 2023 WL 8518003, at *16 (2d Cir. Dec. 8, 2023). Plaintiffs maintain that “the scope of the protection applicable to the Federal Government and States is pegged to the public understanding of the right when the Bill of Rights was adopted in 1791.” Bruen, 142 S.Ct. at 2137. The paucity of relevant authority supporting the opposing view only bolsters Plaintiffs’ position. The Second Circuit further erred in suggesting that a different analysis was appropriate “[b]ecause the [New York statute] is a state law.” Antonyuk, 2023 WL 8518003, at *15. Bruen squarely holds that the Second Amendment has “the same scope” against the States as it does against the federal government and thus there can be no different test when it is applied to the States. Bruen, 142 S. Ct. 2137. See Mem. in Support of Pls.’ Mot. for Prelim. Inj. at 11–13, Doc. 24-1 (“MPI”); Pls.’ Reply at 11–12, Doc. 38 (“P. Reply”)
[xCite item=”8DSUKGX4″ p=”1-2″ pos=0]

NRA v. Bondi was the case down in Florida where the 3 judge panel found that 18, 19, and 20-year-olds were not part of “The People”. They published their opinion. Their opinion was immediately stayed by another judge on the Eleventh Circuit court. The case was then taken up en banc.

We are waiting for the en banc panel to issue their opinion.

Citing to NRA v. Bondi as good case law is a profound error. It is no different than citing to [xCite item=”CK44UVC7″ pos=1] to support a current regulation. (Dred Scott was an awful Supreme Court opinion that has been corrected by the Supreme Court.)

The Circuit Courts like to think of themselves as Supreme Courts. Even if the Supreme Court has told the Article III inferior courts how to do something, the Circuit Courts, which are inferior courts, will hold on to their past opinions with a stranglehold.

The Forth Circuit court should have had an easy task when asked if Kolbe is still good law. The Supreme Court just GVRed a case to the Fourth, telling them that using Kolbe they got it wrong. Yes, Kolbe is part of the dung heap of the past.

Depending on decisions, pre-dating Bruen is wrong. The problem that these rogue courts have, is that they don’t have any ground to stand on. Every time they think they are on firm ground, it turns to quicksand. They knew they were infringing when they used the means-end tests. They knew they were ignoring what the Supreme Court wanted. They were more concerned with their agenda.

In [xCite item=”S46UYT4P” pos=2], the Supreme Court clearly stated that the Second Amendment is incorporated. That it applies to the states as well as the Federal government. For the Second Circuit to say that state law is somehow different is an abuse of their authority.
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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!

Bevis v. Naperville, (U.S.) 23A486

We have some bad news. The case which was put on the Supreme Court’s emergency docket asking for a writ of injunction has been denied.

The total information we have currently is:
Dec 14 2023 Application (23A486) referred to the Court.
Application (23A486) for a writ of injunction pending certiorari presented to Justice Barrett and by her referred to the Court is denied.