Tag: #Kalifornistan

California’s 1 in 30 Ban Update 

In a rare pro Second Amendment ruling last Thursday, the U.S. Court of Appeals for the Ninth Circuit reversed a stay issued against an injunction against California’s “1 in 30” ban. The ban prohibits Californian’s from purchasing more than one firearm in a 30-day period. The ruling by a three-judge panel in the case of Nguyen v. Bonta is short and to the point. “The order (Dkt. 9) granting Defendants’ motion for a stay pending appeal (Dkt. 3) is REVERSED.” There was no stay included in the reversal of the stay, so the order was effective immediately. 

The original lawsuit against the ban was filed in federal court on December 18, 2020, when the 1 in 30 ban only covered handgun purchases. The ban was expanded on July 1, 2021, to include semiautomatic, centerfire rifles as well. The law was expanded again on January 1, 2024, to include any firearm, completed frames or receivers, or so-called “firearm precursor parts”.

The 1 in 30 ban was struck down on March 11, 2024, by District Court for the Southern District of California by Judge William Q. Hayes. The judgement was stayed in the original order for 30 days to facilitate the State’s appeal. A stay pending the outcome of the appeals was granted on April 24, 2024, by a separate three-judge panel. 

The justification for the 1 in 30 ban was explained by the State in the motion for a stay as: 

“California law does not limit the total number of firearms that any person may possess, the OGM (one-gun-a-month) law addresses the particular dangers associated with bulk purchases that occur within a relatively brief period of time, such as straw purchases and illegal firearms trafficking. The law makes it more difficult for criminals to acquire firearms by reducing the flow of guns into the black market and thus curtailing the illegal gun market. The law also makes it more difficult for individuals to stockpile firearms for criminal activity.”

During the defense of the stay, the California DOJ attorney claimed that the reason for the gun rationing law was to “disrupt” gun trafficking and straw purchasing. When pressed for evidence the 1 in 30 ban actually does this, the DOJ attorney cited unnamed “some studies” and that other states had adopted one-gun-a-month statutes. 

The state also claimed anyone who needed an additional firearm in that 30 days could “borrow” a firearm until they were allowed to purchase another. This of course is against the law in California as it is illegal to loan or otherwise transfer a firearm to another private party, except between immediate family members, without conducting a Private Party Transfer at a federal firearms dealer and waiting the required 10 days. It is also illegal to transfer ammunition to another private party without going through an “ammunition vendor” and paying for a background check, along with any wait imposed by the State for the completion of the background check. 

The 1 in 30 ban serves as a prime example of California’s draconian approach to gun control. The basis for the law was conjecture based not on factual evidence, but a desire to systemically reduce the number of firearms a person could lawfully obtain. “Some studies”, while not even cited in this case, are usually result of biased, State funded “research” where they start with the outcome and work to create “facts” and numbers to support the outcome. This law also demonstrates the scope creep commonly found in gun control. What started out as a one-handgun-a-month ban, expanded to include semi-automatic, centerfire rifles, then expanded to ALL firearms, frames, receivers and even so-called “firearm precursor parts”. 

The State was very cautious to include in their testimony that they do not limit the number of firearms a person can own, only how quickly they can obtain them. However, if you examine the State’s history of continuously tightening the regulations on lawfully purchasing and the possession of firearms, it is painfully obvious it will only be a matter of time before a hard limit of how many firearms the State will ‘allow’ you to own is imposed. 

The State has the option of appealing the reversal to an en banc panel of the Ninth Circuit Court of Appeals. Considering one three-judge panel issued the stay and a different three-judge panel reversed it, an appeal by the State is almost guaranteed. The State has also fared far better with their hand selected en banc panels. We should expect nothing different in this case. 

The latest news indicates the State is still updating the DROS (Dealer Record of Sale), the registration and background check system, to comply with the reversal of the stay, although there is nothing to say this process won’t be dragged out indefinitely pending their obtaining another stay and reversal of the original court decision. 

I’m going to keep saying this, fighting gun control laws after they are passed is a fool’s errand. It is a long shot to even get the right appeal and we the citizens of the United States are not only funding the appeal but the defense of unconstitutional laws. In this game, only the lawyers win and we the people lose our rights in the process. 

What does work? Electing representatives at the local, county, state and federal level who will NOT sell our constitutionally protected rights to the gun control zealots. EVERY seat on EVERY board matters.  Yes, even in Kalifornistan.  

Bob

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Humor In Politics: The 28th Amendment 

I know I’m way behind in writing about serious Second Amendment topics, but this was just too damn funny to pass up. 

In another failed attempt to look relevant on a national scale, California’s Governor/Yet-To-Be-Announced Presidential Candidate released a statement suggesting a 28th Amendment to the Constitution. While ostensibly a proposal to create a new gun-control amendment to the Constitution, in reality it is an ill-fated publicity stunt which laughably shows how disconnected the Governor is from the real world. 

From the Governor’s own press release:

“…Proposes Historic 28th Amendment to the United States Constitution to End America’s Gun Violence Crisis”

“Our ability to make a more perfect union is literally written into the Constitution.” “So today, I’m proposing the 28th Amendment to the United States Constitution to do just that. The 28th Amendment will enshrine in the Constitution common sense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support – while leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition.

The 28th Amendment will permanently enshrine four broadly supported gun safety principles into the U.S. Constitution:

– Raising the federal minimum age to purchase a firearm from 18 to 21;
– Mandating universal background checks to prevent truly dangerous people from purchasing a gun that could be used in a crime;
– Instituting a reasonable waiting period for all gun purchases; and
– Barring civilian purchase of assault weapons that serve no other purpose than to kill as many people as possible in a short amount of time – weapons of war our nation’s founders never foresaw.

Additionally, the 28th Amendment will affirm Congress, states, and local governments can enact additional common-sense gun safety regulations that save lives.”

Oh Hair Gel, where to begin. 

This new amendment will “end American’s gun violence crisis”? End?? This is the same language that has been used with nearly every gun-control law that has ever been enacted. This law will END the violence! Then surprise, surprise, it never does and never will. Here’s my standard response. 

Remember, gun control does absolutely nothing to increase public safety and the answer to fix that shortcoming is always to implement more gun control.

Criminals must be held accountable for their illegal actions and incarcerated, yes incarcerated when they break the law for crime and violence to stop.  The Governor of California has done the absolute opposite and signed laws to release criminals and see that new offenders are never charged in the first place. 

“…common sense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support…”

Don’t even get me started on “common sense”. One of the first articles I wrote was on the political use of the term “common sense’. Excerpt: 

If you have to be convinced into believing something is a common sense solution, it probably isn’t either common sense or a solution. It’s more likely part of an agenda they want you to support because it benefits them, not you. Buy into their way of thinking on this topic and the rest just comes easy. If they were right on this one, they must be right about the next one too.

Gun safety? Hardly. The term gun safety has a long historical definition, and this isn’t it. This is gun-control. If you call it gun-safety, people who don’t understand the difference will think you’re trying to make the world safer instead of taking guns out of the hands of law-abiding citizens which will make them less safe.

Do all these people “overwhelmingly support” these gun control measures? No, of course not. It’s just another lie to convince you this is what you should be supporting because you should want to be where the rest of the country is. 

“… leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition”. Technically yes, this proposal would not alter the wording of the Second Amendment, it would just supersede it and abolish it without removing it from the Bill of Rights. 

It’s like one of those ‘read all the instructions first’ tests where you have a long list of tasks to do in a short amount of time and the last one says ignore everything except #28. This is the same concept. 

The four new rules are all tried and failed laws already in place in California and the other nanny gun-control states. Coincidently, none of them have done anything to reduce violence or increase public safety in any of said gun-control states. 

For me, it’s the last little line that is the most insidious. 

“Additionally, the 28th Amendment will affirm Congress, states, and local governments can enact additional common-sense gun safety regulations that save lives.”

This gives Constitutional cover to not only the federal government, but every individual state, county and local government to add whatever gun-control measure they want with complete impunity. Even though none of the gun-control measures have EVER been shown to “save lives” and the worst of the worst places for violence in this country are the ones with the MOST gun control. 

And I’ll ask again… If all these gun-control laws are so effective, why haven’t they worked yet?

Sadly, this proposal is more of a reflection on the laughingly desperate nature of the California Governor’s fledgling presidential campaign than any attempt to increase public safety. The Governor has a long, storied history of being a hypocrite who feels perfectly safe walking around in public with his taxpayer provided, heavily armed law enforcement detail while he actively keeps the rest of the public from being able to protect themselves at home or in public. 

It’s worth noting California population has gone down for the first time in history with an estimated 6.1 million people leaving the state. Enough people left for the state to lose a House of Representatives seat. Compare this to Texas which gained two seats and Florida who gained one seat. 

The most common reasons California ex-pats give for leaving the state are the astronomical cost of living, crime and violence, the highly restrictive regulatory environment, and the progressive politics. And it’s not just the residents, businesses of all sizes are joining the exodus from the state as they are getting wiped out by the unchecked looting and violence against their employees and customers. 

All of this happened under the Governor’s own watch, directly due to policies and laws HE signed. Yet instead of realizing it is his own fault, he doubles down on wanting to take this failed form of government nationwide. Meanwhile he tries to pick verbal fights with the governors of Texas and Florida, states where his former residents are fleeing to.  

So, the next time you see Governor Hair Gel spitting out another pack of lies or ridiculous extreme left wing do-nothing suggestion for turning the rest of the country into the failing state of Kalifornistan, try your best to control your laughter. 

Bob

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Gun Control: The Real Suicide Pact

Last week, California’s Governor and 2024 Democratic Presidential nominee hopeful made a propaganda stop in Monterey Park following a mass shooting, what turned out to be only the first of four in California within one week. Naturally, he used the catastrophic loss of life as an excuse to push for more gun control. He even managed to sneak in a new one liner against the Second Amendment saying: “The Second Amendment is becoming a suicide pact.”

First off, this was a horrific tragedy in which 11 people lost their lives and nine more were injured. While it is disgusting for anyone to use this as an opportunity to promote a political agenda, it is sadly typical for California’s governor and follows the guiding principle of “You never let a serious crisis go to waste.”

You have to wonder how long the Governor had the “suicide pact” line sitting on the shelf waiting for just the right time to bring it out. Of course, it made absolutely no sense in the context of a violent, criminal attack on unarmed victims and has pretty much been panned as an unsuccessful attempt to turn it into a gun control catch phrase for the 2024 elections. 

Of his comments in Monterey Park, one San Francisco newspaper headlined the Governor “swats down CBS reporter’s Second Amendment question.” 

“Nothing about this is surprising. Everything about this is infuriating, the Second Amendment is becoming a suicide pact. Large capacity clips are just insane, there’s just no justification. Period. Full stop.”

When the reporter commented: “When you said the Second Amendment is a suicide pact, but there’s many people in this country that support the Second Amendment and are lawful gun owners.” 

“Yeah, I have great respect. I have no ideological opposition with someone reasonably and responsibly owning firearms and getting background checks and being trained and making sure they’re locked so their kid doesn’t accidentally shoot themselves or a loved one.” “Absolutely not. Never suggested that. That’s what they immediately do. ‘He wants to take away your guns.’ I just want to take away weapons of war that are illegal on the streets of California and should be illegal across the United States.”

It’s worth noting California is the envy of every gun control zealot. The state boasts every single one of the gun control laws the Giffords Law Center says is necessary for “gun safety”. According to Giffords, “Overall, California has the strongest gun safety laws in the nation and has been a trailblazer for gun safety reform for the past 30 years.”. Keep in mind this is coming from the extremist gun control group who is responsible for writing and promoting these laws around the country, as well as providing pro bono legal defense work for them.  

Of course, being best in gun control has absolutely no bearing on crime or public safety. As is the case around the country, it has the opposite effect. But that’s only part of the California solution. The state also boasts some of the most radical prosecutors who refuse to charge criminal acts and actively pursue releasing those previously convicted from prison, including the most violent offenders. California has become a haven for uncontrolled criminal activity from low level theft to murder. 

So what gun control crimes were committed here? The handgun, called an “assault pistol” by the Los Angeles County Sheriff, was illegal in California, as was the so-called “large capacity magazine”, although enforcement in the state is currently on hold due to legal action. The homemade suppressor was also illegal in California as well as federally. All these gun laws and criminals simply ignore them to go after the people who follow them. 

It’s also worth mentioning the Governor was, as he always is, traveling with his heavily armed law enforcement protection team, all of whom I guarantee were carrying non-California approved/off-roster handguns with “large capacity magazines” as well as “assault weapons”. But then again, the Governor is a well-documented hypocrite. 

So why do I say Gun Control is the real suicide pact? 

People are being told by their ideological leaders that guns are bad, and they don’t need them. They should disarm themselves for their own safety and the safety of everyone else. At the same time, these leaders, who surround themselves with the very tools of self-defense they are telling everyone else they don’t need, know exactly what is going to happen to the disarmed masses. Without the ability to protect themselves and a government unwilling and unable to do so, they will become victims. Following gun control kind of sounds like a suicide pact to me. 

Meanwhile, the Governor has made it clear he and his fellow gun control lawmakers will continue to pass more gun control in California. 

Remember, gun control does absolutely nothing to increase public safety and the answer to fix that shortcoming is always to implement more gun control.

Bob

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