You had one job…
This showed up in my inbox from WK. Thank you.
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When Self Defense is a Crime
The transit system said Fullard didn’t properly deescalate the situation and was not allowed to bring a gun to work.
The transit system says that the drive is now “off the job”.
The bus driver was doing his job when Omarri Tobias decided that he wanted special treatment. That is, he wanted to get off the bus between stops.
When the driver didn’t comply with his wishes, he pulled a gun.
At this point, it is a self-defense situation.
According to ABC News, Tobias “appeared” to point a gun at the driver. Hmm, I don’t care if you are pointing a gun near me or at me. You have drawn your gun as a threat to me. I’m going to shoot you until you are no longer a threat.
Both people were injured. The driver suffered a wound to the arm. The thug took at least one round to the abdomen.
Unfortunately, the driver will get the full legal treatment, as he continued to shoot as Tobias crawled and ran off the bus.
The Charlotte Area Transit CEO, Interim, says
We don’t want anyone possessing weapons on our vehicles.
As always, the guy sitting in the office with security at the front door wants you to be disarmed. Hoping that if you give up your dignity, your money, or just comply, the evil thug won’t kill you just for laughs.[visual-link-preview encoded=”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”]
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Being a home owner…
Earlier this week, my wife reported a “sulfur smell” in parts of the house. I was busy, so I didn’t do much more than check in the basement to see if there was anything obvious.
It smelled bad, nothing obvious.
Yesterday, the smell was gone. It seemed like it had gotten better as the rain stopped.
I’m at my desk working, trying to get stdObj’s to do the right thing in the right places, when I expect arrays, and I am getting something else. A frustrating day of digging through my code, trying to finish things up so that everything gets easier.
In perspective, as a programmer, there are things that I know that computers do better than me. I also know that teaching them how to do those things is sometimes painful and time-consuming. When I started doing the legal analysis articles, I would use the <quote> element. But that was designed for something else, and it made everything bold and italic.
This made it hard to read and almost impossible to indicate proper references to cases. I started adding “inline CSS” to each paragraph in a quote to make it look “ok”. It wasn’t great, still it was better.
After a while, I got tired of having to type a long line of stuff each time I wanted to use a quote. I figured out the WordPress methodology for handling site wide CSS. So now I use <div class=”quote”> to get my quotes. I reworked the CSS for the <aside> tag and added a <div class=”aside”>. This has made it much faster to do my articles.
Back to the frustration, I’m writing a plugin for WordPress that does the things I want it to well. Lots of good code to work from, documentation is acceptable. But a new framework for me.
It is frustrating but ok.
Back to the smell, I’m deep in thought, trying to make things work when a pump comes on. That’s to be expected, we have the sump and the pooper shooter (sewage ejector). The pooper shooter is only a couple of years old. We paid a couple of grand to have it replaced a few years ago. It should be just fine.
It isn’t. Normally, it fires off, you hear it. And less than 15 seconds later, it stops.
For those that don’t understand, shit flows down hill. It doesn’t like to go up hill. There are specifications to make sure that the people who install the pipes in your home have all the sewage pipes pointing down hill.
If there isn’t enough slope, things will get stuck in the pipes. Not fun.
The sewage connection point for our house is in the southeast corner. Nice flow from the master bathroom and where the old kitchen used to be. The new kitchen is in the middle of the house, about 50ft from that connection. The slope is a little weak, but it gets the water out of the house.
The “new” bathroom is further west of the kitchen. It is also down three steps from the kitchen. There is no way for the shit to flow down hill from that bathroom to the other side of the house.
The fix for this is a sewage ejector. These are also used if your basement is below grade for the city sewage.
Regardless, this is a plastic/rubber tub, about 40 gallons in size. Poop flows into this. When the tub fills to about the 1/3 or 1/2 level, a pump comes on. It eats whatever solids are in there and shoves it up a 3 in PVC pipe to the floor joists. There it can flow down hill to the other side of the house and out.
The damn thing stopped ejecting.
This means that it filled up.
It filled up with yucky stuff.
When its pump fired off, I had to rush downstairs to figure things out.
It sounded bad. I turned it off and realized that the smell was coming from the fact that the damn thing had overflowed. Not horribly, but enough.
So, this afternoon and evening I was down in the basement with my son trying to get things to work. It is just so much joy when you know that pulling a pipe apart is going to release gross water. It is a dark gray. Not only that, but it has plenty of suspended solids. It stinks. And it splashes.
My son and I did get splashed. It is gross. We tried to pull the check valve. That failed because they did not leave enough space to remove it when they installed it. None of the pipes from the ejector outward are stopped up. It is inside that nasty tub.
Oh, did you notice this is Memorial Day weekend? I can get a plumber out here tomorrow on an emergency call out. Those start at around $300.
For the moment, we’ve put half the house off limit for water usage. Tuesday we’ll get the plumber out here and see what they can do.
The good news is that the stink will go away. The bad news… Yeah, it still smells, and we are washing dishes manually to make sure nothing goes down that pipe.
Hopefully, I’ll get some success today.
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Cases being tracked
Please let me know if there are any other cases you think I should be tracking. I have made this article a feedback article, allowing anyone to provide feedback.
D. Oregon
May 26, 2023, 5:24 p.m. C.D. California
May 26, 2023, 2:39 p.m. M.D. Florida
May 26, 2023, 9:24 a.m. M.D. Florida
May 26, 2023, 9:24 a.m. Third Circuit
May 26, 2023, 6:30 a.m. Fraser v. Bureau of Alcohol, Tobacco, Firearms and Explosives
E.D. Virginia
May 25, 2023, 3:31 p.m. Ninth Circuit
May 24, 2023, 5:09 p.m. D. Maryland
May 22, 2023, 3:32 p.m. D. Minnesota
May 22, 2023, 3:30 p.m. Seventh Circuit
May 19, 2023, 10:02 p.m. S.D. Illinois
May 19, 2023, 4:21 p.m. Ninth Circuit
May 19, 2023, 4:09 p.m. First Circuit
May 19, 2023, 10:59 a.m. District of Columbia
May 19, 2023, 10:01 a.m. National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement
Eleventh Circuit
May 19, 2023, 6:14 a.m. Seventh Circuit
May 18, 2023, 11:48 p.m. W.D. Texas
May 17, 2023, 12:48 p.m. D. New Jersey
May 17, 2023, 12:05 p.m. Herrera v. Raoul, in his official capacity as Attorney General for the State of Illinois
N.D. Illinois
May 16, 2023, 5:16 p.m. C.D. California
May 16, 2023, 3:07 p.m. W.D. New York
May 5, 2023, 2:17 p.m. D. Massachusetts
May 2, 2023, 5:24 a.m. M.D. Florida
April 27, 2023, 1:30 p.m. S.D. California
April 24, 2023, 1:59 p.m. W.D. Texas
April 19, 2023, 10:06 a.m. S.D. New York
April 17, 2023, 9:09 a.m. Delaware State Sportsmen’s Association, Inc. v. Delaware Department of Safety and Homeland Security
D. Delaware
April 12, 2023, 7:16 a.m. Fifth Circuit
April 5, 2023, 8:20 a.m. Second Circuit
March 20, 2023, 7:34 a.m. S.D. California
March 15, 2023, 11:03 a.m. D. Rhode Island
Never D. Colorado
Never Second Circuit
Never Second Circuit
Never Fourth Circuit
Never First Circuit
Never Sixth Circuit
Never D.C. Circuit
Never First Circuit Never The date is the last time I received an update on the case. Some cases look like they are in the list twice. They are, sort of. The cases have two different entries in CourtListener, so I have to watch both versions.
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Friday Feedback
Welcome to Friday! Just one more day until the weekend.
This weekend will be busy. I’ve got my lady on deck to help me organize my office, my reloading/gun supply room, and to remove my spore from the living room and dining room.
After that, I need to cast some bullets for .357 Magnum. I was able to pick up 1000 Magnum Small Pistol Primers, CCI the other day along with a new powder.
I realized the other day that my eyes just aren’t good enough. The “test range” is only 25 yards long. There is a small, 4-inch, hanging gong, a larger 8″ hanging gong, and a 1/3 IDPA target. The IDPA target is set up such that just it’s little head is visible at the 1 o’clock of the small gong.
When doing my testing, I start with the big gong, move to the small gong, and then move to the “headshots”. I’m not bad at it, just not good.
What happened was that I could no longer even see the damn head. It blended in so well that it was impossible for me to see. I was still hitting it, I knew where it was in relationship to the small gong. (You can hear the difference and the gongs swing when you hit them).
All of this is to say, I decided I wanted to start using scopes for some of the more precision shots.
I have never mounted a scope before. I haven’t sighted in a scope in the last 30 years. That scope was mounted by a professional and bore sighted before I started.
I attempted to mount and bore sight my .22 bolt action.
No go, I couldn’t even get it on paper/large gong. 10 rounds and I gave up.
I spent $40 and picked up:
Damn, I wish I had done this earlier. It took a few minutes to figure it all out. Once I did, it took maybe 3 minutes to bore sight the rifle.
Back on the range, first shot was on paper. The rest of the shots were on paper. I am a bit disappointed, my groups at 25 yards are about 0.5 inches, offhand. I expect better of myself.
The comments are open, have at it.
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They All Run Together
In Oregon Firearms Federation, Inc. v. Brown I wrote:
The gist is that Measure 114 creates a permitting scheme that doesn’t work. It bans magazines and semi-automatic weapons and is another Bruen response spam bill.As CS pointed out to me, I got it wrong.
Categorizing it as a Bruen response is incorrect. It was a ballot initiative, the language for which was filed in April 2021 (14 months before Bruen) and approved for signature gathering in November 2021 (eight months before Bruen).
— Private e-mail with CS (May 24, 2023)They are correct. I did get it wrong. I’m sorry, all of these bills and cases are starting to run together in my head. Furthermore, I don’t have my tags set correctly on the different cases yet, either.
Measure 114 was a ballot initiative. The anti-gun people in Oregon had been working on multiple infringements within the legislative body. They did not get the votes. Most politicians realize that gun control is often times the third rail of politics.
The anti-gunners don’t like loosing. They went and started the Ballot Initiative. This is the method that the people of Oregon use to get laws passed via direct democracy. Mob rule.
I remember reading that there were a number of things wrong with the process that was used, and there were a number of questions about the legitimacy of the initiative.
According to Ballotpedia, they needed 112,020 valid signatures to get the measure on the ballot. Bay June 23, 2022, they only had around 90,000. This was not enough. By July 9, 2022, they had 159,000. This was barely in time to get the measure on the ballot.
Please note, I’m working from a very fuzzy memory, Oregon wasn’t my state, and it wasn’t of major interest to me, at the time.
All the Country is grist for the mill now. I thank all the readers that have sent us links and announcements about the interesting 2A things happening in their parts of the country.
The measure was written before Bruen being decided. The state should have looked at the Measure and declared it unconstitutional and made them go back and re-write it, and get another set of signatures. That didn’t happen.
Here are the links to prior articles I’ve written regarding Measure 114. I think my writing has gotten better, but not so much that I should go rewrite these articles.
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Oregon Firearms Federation, Inc. v. Brown
Measure 114
Measure 114 turns the right to bear arms protected by the Second Amendment of the United States Constitution on its head. Measure 114 abolishes Oregonian’s constitutionally protected right to purchase firearms and own them for self-defense, turning it into a privilege, subject to the whims of government bureaucrats, that may be bestowed on Oregonians at a time when it is convenient for the government.
—Third Amended Complaint.Oregon Firearms Federation, Inc. v. Brown, No. 2:22-cv-01815, Doc. 158 (District Court, D. Oregon), ¶8Measure 114 made up the term “large capacity magazine” for magazine capable of carry more than 10 rounds. There is not firearms industry term for magazines that hold more than 10 rounds, nor is it an accurate descriptive term for what is really standard equipment. Indeed, the law’s definition of “large capacity magazine” is deliberately misleading. Many people buy a firearm for the purpose of self-defense. Such consumers are inherently interested in maximizing the number of rounds available in a small package because it maximizes the effectiveness of their defensive tool. Characterizing standard capacity magazines as large capacity is a psychological trick designed to deceive the public.
— Id. ¶70</citeThe gist is that Measure 114 creates a permitting scheme that doesn’t work. It bans magazines and semi-automatic weapons and is another Bruen response spam bill.
State of Play
The case was opened on Nov 18, 2022. Shortly thereafter, the filed for an Emergency Motion for a Preliminary Injunction. A hearing for a Temporary Restraining Order was held on December 2nd. On December 6th, the motion for a TRO was denied.
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When you stumble on something better than expected
JP is a comedian who has been making spoof videos for a number of years. His earlier videos were hard to watch because of his level of shilling. He is/was unusual because he came at things from a conservative point of view.
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Tuesday Tunes
Telarc was one of the first publishers in the CD world. They were making new recordings from some of the less well known Symphony.
With good headphones, you can hear instrument noises, like flute keys being operated.
Enjoy some Battle Music.
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Why Citations Matter
Our system of law is based on the concept of “Common Law”. What this means, in short, is that the law is the same everywhere it applies. A federal law applies the same way in all parts of the US. A state law applies the same way throughout that state.
It also means that how the law applies does not change from court to court, judge to judge, and party to party.
It is what takes us to “No one is above the law.”
Consider a law that was written in the late 1800s that says, “No man shall go armed within 100 feet of the ballot box”.
At the time it was written, everybody “knew” what it meant. It meant, “leave your guns at home when you go to vote.”
By the exact words, though, a woman voting could go armed to vote. Some might argue that “man” meant both man and woman. Others will argue that it actually did mean just “man” because women don’t vote.
That has changed. Women do indeed vote, today.
Here is where “case law” becomes important in the idea of “common law”.
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