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In my state they call 10’s of thousands of rounds “a good start”

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B.L.U.F. Final article analyzing the Rupp v. Bonta case currently before Judge Josephine L. Staton, U.S. District Court for the Central District of California. If this case is appealed, it will go up to the Ninth Circuit court, again.

Status of Case

This case was opened, argued in district court, the district court found for the defendants under intermediate scrutiny, the case was then appealed to the Ninth Circuit. The Appellants(good guys) asked that the case be held pending the outcome of Duncan v. Bonta before the en banc Ninth Circuit court. The Ninth Circuit court then told the parties that they felt this case would be impacted by NYSR&PA v. Bruen and “requested” either of the parties to submit a letter asking the case be held pending Bruen. Both parties responded and the case was held until Bruen was decided.

On 2022-06-28 the Ninth Circuit court vacated and remanded the case back to the district. Judge J Bumatay dissenting: For over a decade, our court has improperly interest-balanced our way around the Second Amendment. The Supreme Court has had enough of it. With a clear legal standard now in hand, we should have ordered supplemental briefing to further this case along. … Order Vacating and Remanding P.2 Internal citations omitted.

The case is expected to be heard some time after 2023-05-26. This is not set in stone. The date might move due to other reasons or either party might coincide.

Read More

B.L.U.F. A thought exercise in why the state is producing so many opinions that don’t seem to matter within the bounds of the Bruen opinion. Maybe it is because they are attacking a particular clause in Bruen

There is a classic scene in most cowboy and Indian movies where the new person is with the more experienced person and spots an Indian. The new guy points him out and the grizzled old dude says something like:

If you see him, he wants you to see him. If there is one there are a hundred

The point being that it wasn’t an accident. The Indian wanted to be seen in order to accomplish some strategic or tactical goal.

Much of combat is attempting to get your enemy to misinterpret your actions. If your troops start moving back from the front line and the enemy doesn’t believe that it is because they are pushing you back, they are going to expect a trap. If on the other hand your troops hold as long as they can before retreating, pulling the enemy into ambush, the enemy is more likely to believe they forced the retreat.

As much as we like to call the gun infringers names, like “moron” or “idiot” or “Col. USMC(Ret.) Tucker Stupid”, these are not stupid people. If you believe for one moment that AG Rob Bonta or his people are stupid then you are in for a rude awakening.

These people don’t play to lose unless it is to their advantage.

So if they are presenting huge amounts of what I have called emotional blackmail and items outside of the bounds set forth under Bruen there must be a reason.

Read More

I wasn’t going to write about this but I was trying to understand citations and what was going on.

The footnote is:

What do the “¶¶” mean? I know that “¶” means paragraph. Found out it means “paragraphs”. Since I miss read the footnote I read that Lucy was linking to paragraphs 7 through 46. That is the entire rebuttal. What was she actually referring to?

Here is the paragraph that had me scratching my head:

Hmmm, that sounds pretty bad trivially tiny, we’ll come back to that.

She then goes on to move the goalposts. When we talk about the victims of a shooting, we are always talking about those that were shot or injured at the event. More limiting than that is that we normally exclude those that were injured or shot by friendlies.

This will get twisted a bit by different number crunchers, for example when they include the shoot in the list of victims because he was shot dead by a good guy with a gun, but in general we talk about those that were shot by the shooter, not those shot by the cops.

Lucy wants to use the impact of the mass shooting rather than victims. The impact of the cowards of Uvalidi is huge. It reverberated throughout the world. Children were murdered by some asshole while law enforcement cowarded in the hallways.

It had a huge impact, no doubt about it.

Let’s turn to what Dr. Kleck actually said though before we judge him to harshly for downplaying such horrific incidents.

Dr. Kleck isn’t claiming that mass shootings are trivial in anyway. He is stating that Lucy limited her analysis to public mass shootings for some reason. And that the number of public mass shootings compared to all mass shootings is a trivial number.

Dr. Kleck is using language in a very studious and specific manner. He has pulled emotion out of it. He is telling the court what the numbers are and then giving his opinion of what those numbers mean.

Lucy uses the standard 2 and 3 word quote trick. Pulling such small quotes out of context that you can’t tell what the actual meaning was.

And interesting find.

B.L.U.F. Final article analyzing the Rupp v. Bonta case currently before Judge Josephine L. Staton, U.S. District Court for the Central District of California. If this case is appealed, it will go up to the Ninth Circuit court, again.

Status of Case

This case was opened, argued in district court, the district court found for the defendants under intermediate scrutiny, the case was then appealed to the Ninth Circuit. While at the Ninth Circuit the Supreme Court agreed to hear Bruen at which point the plaintiffs(good guys) and defendants(bad guys, state) asked for the case to be held pending Bruen. After Bruen the Ninth Circuit Court vacated and remanded the case back to the district court, where it is now proceeding.

The case is expected to be heard some time after 2023-05-26. This is not set in stone. The date might move due to other reasons or either party might coincide.

Read More

Last week, as I was digging through the filings in Rupp v. Bonta this song popped up in my music queue. I think I had heard it way back when, but certainly nothing more recent than a decade or two.

There is one thing I have learned about lawyers in my many years, my lawyers have all been good people, their lawyers have all been assholes.

My lawyer wayback when hired a new secretary. When I came into see my lawyer she recognized me. She use to work at a different lawyer’s firm. That firm had represented my wife during our divorce. I had a terrible hatred for that dude because of the way he helped my wife get one over on me.

Anyway this secretary, when she recognized me, told me that she remembered me from coming into her office. How she had appreciated how I had treated her and the rest of the staff. Then she shocked me by telling me that my ex-wife’s lawyer liked me better than he liked his client and thought I had done a good job of representing myself in the end.

Lawyers are like the pitbulls that J.Kb. talks about. They are vicious and nasty and evil, but when they are protecting you, that is exactly what you want. You just have to be careful they don’t get off their leash.

Lawyer Jokes in bad taste

Q: What do you call 25 attorneys buried up to their chins in cement?
A: Not enough cement.

Q: What do you call 25 skydiving lawyers?
A: Skeet.

Q: How can you tell when a lawyer is lying?
A: Their lips are moving.

Q: Why did New Jersey get all the toxic waste and California all the lawyers?
A: New Jersey got to pick first.

Q: What do you call 5000 dead lawyers at the bottom of the ocean?
A: A good start!

The first thing we do, let’s kill all the lawyers.Henry VII, William Shakespeare

It seems that my long articles aren’t scaring you all off to much. On Sunday’s post I made some changes to add section headers to make it easier to read and used the “read more” option let you decide if you are truly interested in reading more about that subject.

People don’t seem to have an issue with my pull quotes, so for the time being I’ll continue to do them as I have been.

I have started to do a few more short quotes with links back to the sources to make somethings shorter.

B.L.U.F. Overview of the types of arguments being made by the state to justify infringements. Start of a series.

There are three identified arguments that are currently being presented by the state to justify their infringements.

1. It isn’t within the scope of the Second Amendment
2. It is just a fee/cost/expense, not a ban.
3. There is a history and tradition of this type of regulation

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B.L.U.F. The 2008 Heller case was a huge win for us. Yet somehow it didn’t result in the changes in infringements we expected. This is one of the cases we lost which was used to keep infringing regulations in place.

Why is this case important?

This case is important because this is one of the circuit level cases cited in multiple Second Amendment cases to support the use of intermediate scrutiny. The other commonly cited case is Kolbe v Hogan which was decided in the 4th circuit court.

These two cases came post Heller. As discussed multiple times in previous articles, when a case is decided that puts the brakes on for some sort of infringement, the infringers read through those opinions with a fine tooth comb looking for something to hang their infringements on.

Prior to Heller cases were heard and dismissed for lack of standing. Those same cases, post Heller came back through the courts and the state had new arguments to support their infringements that fit within the framework set out in Heller.

We’ve all had this type of argument. They say something you disagree with. You counter with your argument. They bring up supporting evidence and you counter. You win because you have a better grasp of the facts and reality. They immediately tell you that they didn’t have the position they had because of the reasons they just argued unsuccessfully with you, no it is this other reason.

LCM in Sunnyvale California

After Heller the states didn’t have the same knee jerk reaction at the legislative level that they did after Bruen, instead the issues were fought in court. In court the state through plate after plate of spaghetti at the wall to see what would stick. As soon as one piece stuck, the rest of the infringing states incorporated that argument into their own building up case law to the point where the Heller opinion had been all but neutered.

Fyock v. Sunnyvale came about because the city of Sunnyvale decided to “do something” and passed an ordinance banning Large Capacity Magazines.

The history of LCM bans in California started with the federal “Crime Control Act” of 1994. Part of the CCA was the AWB. There was also a LCM ban as part of that. In 2000 California put into place a ban on the manufacture, sale, purchase, transfer, and receipt of LCMs. They did not ban the possession of LCMs.

They didn’t feel the need to for some reason.

In 2004, the CCA sunset ending the federal AWB and LCM ban.

The state and the Ninth Circus court declared that this created a “loophole” where people in California could possess LCMs even if they couldn’t get new ones.

In 2013, the city of Sunnyvale had a citizen driven initiative on the ballot to ban the possession of LCMs. It passed.

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B.L.U.F. Fluff piece because I can’t stand reading another word of Bonta’s so called “experts”

Through one of my feeds I get a notice of some case that is happening and interesting. If I’m very lucky there will be a link to that case in some way. Most of the time there is not.

If the source is a news article it is highly likely that not only have they failed to link to the case or legislation, they have likely miss named it as well. For example the “Don’t say gay” Florida bill that didn’t have those words in the bill. All searches for “don’t say gay” will take you to propaganda pieces telling you how bad the “Don’t say gay” bill is but with no links and no text.

Once I find some official documentation I next attempt to find the case number.

This has been a learning curve for me. It turns out that case names and numbers change as cases move through the courts. So what was filed as “Steven Rupp; Steven Dumber; Cheryl Johnson; Michael Jones; Christopher Seifert; Alfonso Valenceia; Troy Willis; and California Rifle & Pistol Association, Incorporated vs. Xavier Becerra, in his official capacity as Attorney General of the State of California; and DOES 1-10” had a case number of 8:17-cv-00746 assigned to it.

This became “Steven Rupp, et al v. Xavier Becerra” with a case number of “8:17-cv-00746-JLS-JDE” when it got to the ninth circuit court. The turned into “Steven Rupp; et al v. Rob Bonta, in his official capacity as Attorney General of the State of California” case number 19-56004.

When the case was vacated and remanded back to the district court the case number became 8:17-cv-00746-JLS-JDE and became known as “Steven Rupp, et al. v. Xavier Becerra, in his official capacity as Attorney General of State of California”.

And the case is known as “Rupp v. Bonta” for the most part. It is all the same case.

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