• The Honorable Rodger T. Benitez
    The Honorable Rodger T. Benitez
    In June of 2021 the Hon. Roger T. Benitez ruled on the Miller v. Bonta in the California Assault Weapons Ban (AWCA). In his ruling he eviscerated the state of California. He ruled that AWCA was unconstitutional. Either this ruling or one of his other rulings resulted in “Freedom Week” when 10s of thousands of standard capacity magazines flowed into California.

    Of course the state of California appealed the case. It was heard by a panel of 3 judges of the 9th circuit court. The three judges upheld Benitez’s ruling. Everybody involved knew that the state would appeal again for the case to be heard by a full panel instead of just the three judges.

    One of the judges on the 3 member panel went so far as to write the ruling of the en blanc panel. Basically saying that the full circuit court would find for the AWCA.

    He was right. Miller then appealed to the US Supreme Court. The Supreme Court did not grant certiorari but did not deny it either. It was put on hold pending the Bruen opinion. This was done for a number of cases. In addition a number of cases at the circuit court and district court levels were put on hold pending SCOTUS ruling.

    Bruen was decided on a Thursday and on the following Monday the court “granted certiorari, vacated the judgement, and remanded back to the circuit court” (GVR) a number of cases, including Miller v Bonta.

    At this point the 9th Circuit Court should have ruled that the AWCA was unconstitutional and the case would be done. They could, instead, have punted it down to a 3 judge panel. The thing that would take the most time was what they chose to do. The remanded the case back to the district court for Benitez to rule again in light of Bruen.

    This is absolutely ridiculous as Benitez’s original ruling is directly in line with Bruen. Regardless, this is just a delay tactic on the part of the 9th Circuit.

    Judge Benitez was read. According to reports he had his order ready to go out on August 2nd and released it on Aug 8th.

    Pursuant to the decision of the court of appeals vacating and remanding the case to this court, both parties are ordered to file briefs addressing New York State Rifle & Pistol Ass ‘n, Inc. v. Bruen, 597 U.S._ (June 23, 2022), and to do so withing twenty days of the date of this Order.
    Case No.: 19-cv-1537-BEN (JLB) via FPC

    This means that the parties must respond by the 28th of August. This is blazingly fast for the US court system. It would not surprise me if Benitez has his ruling out before the end of the year.

    At that point the state of california has to make a decision on whether they will appeal the ruling. My bet is that they will not.

    If they appeal and lose the 9th Circuit will have to rule and they will have to follow the Bruen decision. If the 9th Circuit Rules that AWCA is unconstitutional that means all such weapons bans will be overturned within the 9th Circuit. I.e. any district judge can look at an AWB and rule it unconstitutional and appeals are unlikely to be granted.

    If on the other hand they do not appeal then Benitez’s ruling in Miller only applies to California.

    We’ve seen this happen in a couple of other cases over the years where the states have taken an “L” rather than allowing presidence to be set.

  • There are a number of people out there that the Democrats hate with a passion. At the top of that list, is of course, Trump. Trump derangement syndrome is so strong that if Trump kissed a baby at a campaign stop the Dems would be calling for his arrest for sexual assault on a child within seconds.

    Another is Ted Cruz. I would love to see him as President, I would prefer him to be appointed to the Supreme Court. He would make an excellent Justice.

    Other things they hate are any conservative group. Turning Point USA, Turning Points Action, The NRA, Young Republicans, and any other group that has conservative views.

    If you really want to see them go of the deep end, combine the two. The hate for Ron DeSantis plus the hate for Turning Point USA and you have a perfect storm of mental meltdown.

    So what are they screaming about now? They are screaming that Turning Point Action is holding rallies that will be “Gun Free Zones.” Since DeSantis has been vocal about gun free zones not working and he will be attending these rallies as a featured speaker this makes him a liar.

    The Buffalo guy said he wanted to go where he knew there wouldn’t be blowback from people being armed, and so he tried to find a gun-free zone
    — DeSantis

    Of course they had to lie by misdirection to get to this conclusion. We all know that when we are talking about criminal free action zones/Gun Free Zones, we are talking about areas that have a sign posted but which provide no other real security. Most schools don’t have anything more than a sign plus a sign-in sheet to stop guns from entering a school campus.

    As the last poll pointed out, many many people use the “Concealed means Concealed” as their standard operating procedure. No sign ever stopped a person intent on doing evil from doing evil.

    The Unite and Win rallies are going to be gun/weapon free zones.

    Attendees must show a form of ID that matches their information on the ticket.

    Conditions of Entry and Special Events Zone:

    • All persons and property will be searched
    • Be prepared for airport-like screening
    • Audience will be video recorded
    • Rules subject to change without notice
    • No re-entry

    Prohibited Items:

    • Bags, backpacks, messenger bags
    • Skateboards, bicycles
    • Balloons, laser pointers, umbrellas
    • Sticks, poles, bats, etc.
    • Food, beverages, containers, water bottles
    • Weapons, ammunition, knives, projectiles, pepper spray, expandable batons, firearms (NO CCW in Event Zone) or other hazardous items
    • Tactical gear including but not limited to helmets, body armor, shields, etc.
    • Signs, banners, flyers, posters, stickers
    • Alcohol, drugs, paraphernalia
    • Amplified sound or other noise makers
    • Animals (service animals permitted)

    — EventBright entry for Unite and Win tickets

    While we might know or believe that we can bypass airport security, having this level of security is significantly different than just posting a sign.

    We saw exactly the same thing happened when Trump addressed the annual NRA meeting a few years ago. Because he was the President the secret service had requirements for the event which included no weapons in the room. They set up all the screening equipment to make sure it was a secured area.

    The left screamed about how the NRA wanted gun free zones when it was them and that Trump wanted gun free zones around him while totally ignoring that the rest of the convention did allow firearms as well as ignoring that it was the secret service that demanded a sterile room before Trump was allowed to speak.

    If left-wing extremist are speaking, they are lying. It is in their nature.
    Firearms banned at events with Florida Gov. Ron DeSantis, who has argued ‘gun-free’ zones are less safe

    While the article is busy calling DeSantis and Turning Point USA liars, they use a redefinition to tell still another lie:

    Research indicates “gun-free” policies do not actually correspond to greater security risks. A review of mass shootings between 1966 and 2016 found that only 12% occurred “in a truly gun-free zone” — that is, one without armed security — and that only 5% took place in areas where civilians were prohibited from carrying a firearm, per researchers at Johns Hopkins Bloomberg School of Public Health.

    They also left out how they got those numbers. From the Johns Hopkins Center for Gun Policy and Research study they are quoting from:

    New research on mass shootings involving six or more victims murdered that occurred in the United States from 1966 to through June 2016 contradicts these claims. Only 12% of these shootings took place, in whole or in part, in a truly gun-free zone (no armed security or police or armed civilians) and 5% in a gun-restricting zone (civilian gun possession prohibited). A separate study of mass shootings involving four or more fatalities, that included domestic incidents during 2009-2015, found that only 13% occurred in a gun-free or gun-restricting zone.

    Look, they redefined mass shootings to be SIX or more victims killed. That certainly changes the samples.

    They redefined mass shootings again to include domestic incidents. Something the general population doesn’t think of as a “mass shooting” and neither of the two definitions used matches the FBI UCI definition.

    It is also worth noting that they had to go back to 1966 for their samples. Florida kicked off the movement to shall issue in 1987. More than twenty years after the start of their samples. There were no CCW to speak of in those places. The first “official” Gun Free Zone was created in 1990, nearly 25 years after their first sample.

    They also used a definition of Gun Free Zone that it is only truly a Gun Free Zone if there is armed security. For even more interesting numbers in this study by an anti-gun zealot about DGU. The author claims that are only about 100k DGUs per year.

    From a 2013 study by the CDC:

    Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million, in the context of about 300,000 violent crimes involving firearms in 2008.

  • Theme songs tell us the story of a life, real or fictional, in just a few seconds. Words aren’t required, nobody can hear the opening sounds of the Star Trek theme song and not know what is happening. It is so strong that a bar or two and they can twist it and your mind somewhere else.

    The theme from Jaws is still used in paradies and to tell people that what they seeing hides what’s beneigh the surface.

    Sometimes lives have theme songs. This is the song that will be played at my daughters wedding. Not sure when, but it will be played.


  • After over two years of legal battles the Canadian pastor that was arrested for holding services in defiance of Woo-Flu lockdown dictates has won his appeal.

    All fines are to be returned to the pastor and his brother. In addition there are penalties are being assessed against the government including Artur’s costs for litigation. Hopefully this will actually cover his costs.

    Artur made headlines in 2020 when he told Albert storm troopers to get out of his church. He was videoed verbally berating the cops as they attempted to shut down services. He was later arrested for refusing to abide by illegal orders.

    He was arrested again in a pre-dawn raid by Albert SWAT storm troopers on the day he was scheduled to speak at a Canadian Truckers protest rally.

    This sort of falls in the same category of all the people that had their guns confiscated after hurricane Katrina. They did get their firearms back but it took years of litigation and when/if they got them back many were significantly damaged.

    Artur will not get his time spent in prison back. He was made an example of what the government will do to you if they decide you are not of the right class.

    Don’t ever give up your guns.

  • Rebeka Jones being detained
    Rebeka Jones being detained during police raid. 2020-12-07

    Rebeka Jones made the news because she was a “data portal administrator” who claimed that DeSantis was forcing her to publish false covid numbers. Her claim was bogus from the start and almost anybody that works with these sorts of data portals knows it.

    The gist of what she her office was doing was receiving daily data dumps from the state and then uploading that data into a public facing portal. By having this two step process the state could make sure that no Personally Identifying Data (PID) could be released to the public accidently as there was an “air gap” between PID and the public facing portal.

    Rebeka claimed she was being forced to modify the data. This is bogus on the face because she would have had to make the exact same modifications to each data upload and her portal was not an official source. No matter what changes she made or how often she made them, the original data would be unchanged. I.e. she did not have the power to do what she claimed she was being told to do.

    She is currently running for congress as a Democrat. Being a person of good moral character and able to understand the rules plus knowing what she has the power to do, she fucked up.

    Yep, she failed to register as a Democrat before the deadline. Thus a north Florida judge ruled that she is not eligible for this months Democrat primary.

    We hope that Ms. Jones continues to make the same quality of choices alleviating the need for people to actually care about her or her opinions.

  • What should be outside every school in the country

    While not quite at the same level as some schools in Georgia, at least one county in North Carolina is moving in the correct direction.

    With the start of the 2022-2023 school year all of the schools in the Madison County school district will have School Resource Officers (SRO). All SROs will be armed with a 9mm sidearm with at least 2 reloads (50+ rounds). In addition there will be breaching tools in each shool.

    The article states that the breaching tools will be kept in the safe, which really doesn’t make sense.

    …the local school system and Sheriff’s Office are rolling out some beefed up security measures in 2022-23, including putting AR-15 rifles in every school.
    AR-15s put in all Madison County schools to enhance security in case of active shooter

    The Citizen Times reports that schools are being hardened by pre-staging equipment for the SROs and responding law enforcement. They are also adding panic button systems to will be directly connected to the police dispatch.

    The problem with all of these styles of hardening is the same. It is what we saw in Uvalde and Parkland, the effective response to a mass shooting requires men and women to advance to the sound of gunfire and take out the shooter.

    It doesn’t matter if the police response time is less than 3 minutes if they are going to cower in the hallway for 77 minutes. It doesn’t matter if there is an SRO on site if they are hiding being the building with brown stains in their shorts.

    You are your own first responder. When my children enter a school as a student the school becomes parent in loco. That means the school staff members need to be able to be first responders.

    My wife doesn’t carry. I can’t make her. I won’t make her. We’ve come a long way in that she is comfortable handling firearms. She is prepared to defend our home and children with deadly force today. She’s had formal training and she will put rounds on target. She is certainly much better than minute of animal.

    I do carry. We do not want every teacher to carry. There are some that are not mentally up to the task. There are some that are more afraid of making a mistake than of doing the right thing. What we want is for staff, including teachers, to have the ability to carry on campus.

  • On the front page, where you see a list of different posts, I’ve added a link after the author’s name which is the number of comments.

    If you click on that link it will take you directly to the comments section of the article.

  • Gun banners just got to ban guns. It is what they do.

    Once is an accident.

    Twice is a coincident.

    Three times is enemy action.

    Oregon gun control advocates are putting a measure on the ballot which will make it impossible for people to actually purchase a firearm.

    The measure would enact a law requiring a permit issued by a local law enforcement agency to purchase any firearm. Applicants would have to pay a fee, be fingerprinted, complete safety training, and pass a criminal background check.

    Hmmm, “Shall Not Be Infringed.”

    “In order to obtain the permit, an applicant would have to show up with a firearm to demonstrate the ability to load, fire, unload, and store the firearm,” Williamson, an Oregon trial attorney specializing in firearms law, told The Epoch Times. “But you can’t get a firearm without the permit. And under Oregon’s highly restrictive gun storage laws, no one can legally loan a firearm to another. That creates an impassable barrier.”

    Oregonians to Vote on Gun Control Measure Opponent Calls ‘Strictest’ in the Nation

    Everything we see happening today is about making it as difficult and expensive as possible in order to exercise our rights as guaranteed in the Constitution.

    “We can’t require you to show good cause? Then you will have to show you have good moral character.”

    “You want a permit? No problem, just pay hundreds of dollars up front and take a training course. What training course? We haven’t defined it yet, you’ll have to wait until sometime next year.”

    “You want to purchase a gun? No problem get a permit.”

    “You want to purchase a gun? Sorry, there are no gun stores because they’ve all been sued out of existance.”

    Side note, for the longest time there was only on LLC in Washington DC. He had an office in the MPD building. If you had permission to buy a gun from the government you had to jump through a bunch of hoops. Purchase you firearm outside the city and then have it shipped into the city to actually pick it up. Go read Emily Gets Her Gun: But Obama Wants to Take Yours

    They’ve lost, but they are going to cause as much pain as possible on the way down.

  • Things have gone mostly smoothly for the blog this week. A configuration error took the blog offline for a short period of time. That was corrected.

    We also had a security scan done which slowed the site down a little bit while it was going on. Hopefully we won’t have to do that for a while.

    Some of you are taking advantage of the Polls in order to leave comments. Well done.

    We are getting tips from our readers which we greatly appreciate.

    I tried our first members only posting. Unfortunately for our subscribers they didn’t get the notification that there was more content.

    We are still trying to get more members. Thank you for everybody that has already become a member. It helps keep the blog up and running.

    Feedback suggestions:

    • What do you think about the polls?
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  • A followup on J.Kb’s True story about Alabama and the North East

    Southern Hospitality

    Different areas have different cultures, this is very true. While most of the world will poke fun a Texans, I would much rather interact with a full of themselves Texan than somebody from NY.

    When I say “interactions” I’m not talking about friends from NYC as such, but those random strangers that you run into and have to deal with.

    If I see a car with New York plates I expect a certain type of driving from them and allow for it. Same with a few other states.

    Fortunately for all of us, we don’t wear our license plates on our backs. We just have to interact with each other.

    Most people have a level of pride in where they live. This doesn’t include the transplant that is always complaining about how it was better wherever it was they came from, this is the people that live where they live because they want to.

    This is how you end up with “The Big Apple” and how every person from NYC seems to believe it is the greatest city ever. The people of San Francisco are proud of their city and or state. You can see this in “school pride” where just because you went to a particular university or high school you are proud of that institution.

    Say “Go Trojans” and everybody knows. “I’m a Packer Backer” and everybody knows. This is human.

    The problem with attitudes is how people deal when they are not in their territory. The Texan that advertises with a $200 to $500 Stetson hat. The NYC person does it with their “big apple” attire.

    But it is when people open their mouths that you find the difference.

    “Everything is bigger in Texas” or “It is better in Texas” comes across as crass to the person that knows that theirs is better.

    The alternative statement is “your _____ is shit”.

    That is the big difference. Somebody from the south is likely to say “Ours is better.” while somebody from these entitled liberal bastion are more likely to say that yours is bad. There is such a huge difference in perception of “ours is better” vs. “yours is bad”. People take offense from those sorts of words.

    Those elites have a horrible habit of looking down at everybody that isn’t part of their clique. It doesn’t matter if you are in their territory or they are in yours.

    Most cops I’ve interacted with have been polite and helpful within the limits of what the interaction is about. My one interaction with a NYC cop was an example of that “You’re not a NYC person so you’re garbage.” I was on my bike, I asked for directions to a restaurant. The restaurant was actually just down the alley from where we were. You could see it. I didn’t.

    The cop was not happy to have somebody talk to him. He heard the request and gave me directions. I thanked him and rode off following his directions. And almost ended up taking the Holland Tunnel right off the island.

    Came back around and on the fifth attempt finally found the restaurant. That is the attitude I expect of people that think they are elites.

    What this means is that people that have this sort of city elite attitude push it when they are in other states. They are often loud, out, and proud. Not talking about just sexual orientation. You see this in bumper stickers and other car stickers. People on the left will often decorate their vehicles with all their stances. Baby murder stickers. Anti-Trump stickers. Gun Free Zone stickers. coexist stickers. They are all out there. They are never really afraid that somebody is going to react in a physical way to these statements, in their own enclaves.

    They know exactly how they think of those low life deplorables those knuckles drag when they walk. They know how they would act if one of “those people” were to dare to enter, no invade, their enclave. They expect the same response when they go elsewhere.

    If they would be willing to do evil to somebody because of their stance on a political position, they expect others to do the same to them. The project their actions onto others and are fearful.

    It reminds me of the Trump yard signs in the town just north of me. They are a very elite leftist town. The people that put out Trump yard signs were reporting them vandalized or stolen constantly. The police didn’t really do anything. The news media played a tiny violin for those yucky tRumptsters. It wasn’t a big deal.

    Then people put out some BLM signs. A few, a very few, were knocked over. The police immediately released a press statement about how hate doesn’t belong int eh community and that they would find the horrible evil people that were vandalizing signs.

    The funny thing was one person that reported that they had had more Trump signs vandalized or stolen himself than all the reported vandalism of BLM signs combined.

    This is the problem. They know that they would do it. Thus they expect others to do it to them.

    I never fear travel in urban and rural areas. I’m going to be polite and most of the time the people around me are polite right back. I worry about moving through cities. There seems to be much more violence in those areas. It is very hard to find confirmed reports of people being attacked because they were “leftists” or “progressives” or such.

    This person would have no problems traveling in the southlands if she kept her opinions to herself. The problem she has is that she doesn’t have the self control to keep her mouth shut. So she will say offensive things to strangers and then confirm her biases when they don’t just roll over and take it.