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Supreme Court Ruling on Bump Stock Ban Is Not The Ruling You Think It Is

The US Supreme Court struck down ATF’s rule banning bump stocks last week. Here’s The Reload’s coverage.

I listen to some legal podcasts. This is the legal equivalent of staying in a Holiday Inn Express. They have given some insights on how lawyers and judges see things as opposed to the general public. So, what insights did they impart about the ruling?

First and most important, this ruling was less about defending the Second Amendment, and more about telling Congress to do it’s damn job. The ruling is good, as a gun owner, due to ATF’s tendency to suddenly criminalize items that it said were perfectly legal. What the Supreme Court emphatically did not say was that a bump stock ban passed by Congress would be against the Second Amendment. If anything, their concurrences/dissents made it perfectly clear they wouldn’t have a problem with such a ban. And let’s be real, the general public has a fear of fully automatic weapons in the hands of people not in the military or police.

Second, we, as gun owners, need to stop relying on the dicta of “in common use” as a magic phrase to protect us from equipment bans. It’s not an official standard, and it can’t protect us like a rule ordering the use of strict scrutiny would’ve been.

Third, I don’t think “text, history, and tradition” will be the panacea some of us think. It feels like an originalist’s version of “making up what we want the Constitution to say”. I liked the levels of scrutiny as they had decades of precedence on how they should be determined or proscribed. It really comes down to having a process that has less “play in the joints” when it comes to rights. Especially rights that don’t have a long track record of protection – like say free speech.

So, what is the point of all this rambling? The courts are not our friends. When we start getting the Second Amendment edge cases, there will be other things that come into play. Stealing from a couple of “legal theories” that I heard on Advisory Opinions, we will be at the mercy of the “Bad Man Stays In Jail” and “Bad Cases Make Bad Laws”.

We still need to work with the legislatures, which means electing people who will actually get stuff through Congress and not grandstand for the television. We need to do outreach to those who are curious and try to meet them where they are at. The commanding heights of culture? Yeah, we need to change them, but I’m not savvy enough to opine on methodology.

As for me? I will do my best to be a good ambassador and voter.

Forty Years of Knowing Is Half the Battle

This week the G.I. Joe – A Real American Hero debuted on televisions across the nation.

Was it a half-hour commercial for toys? Probably. But it also fueled my imagination as a child. As well as giving my generation a bunch of catchphrases.

And now there’s a livestream playing all of the episodes!

More Journaling of Life at Ward Manor

This is more just journaling rather than commentary or prognostication. Let’s go through some sagas.

  1. The Zillow Incident – The Wife gets various Zillow notifications because she’s been watching some properties down our way for other family members. Last week she gets one and pops it open. Her first thought was it was strange to see houses down our way that have the detached common-wall garages. The only other place she saw that was at my old Tampa house. Then, it hit her. She was looking at my old place – which had just been put on the market. Why didn’t she recognize it? Well, let’s just say a busted pipe in the ceiling and resulting mold mitigation didn’t leave much standing on the inside when we sold it. The folks who bought it did some really nice upgrades and repairs. I’m kinda tempted to swing by if they have an open house.
  2. The Hotel Saga – Last week, The Nephew graduated from high school. Due to the timing of his graduation, the work commitments The Wife and I had for the day of the graduation, and the notorious traffic between west central Florida going anywhere near Orlando, The Wife and I decided the best option would be to go over the night before, check into a hotel, work the morning, and then go over. As we’re packing and making our final preps, I go to find the reservation email so I can load the address into the GPS. Hmm, can’t find it. This precedes about an hour of The Wife and I trying to retrieve the email, then calling the couple of places we think we have reservations to confirm. Okay, did I just forget to make the reservation? We booked a room we wanted, but due to the short timing and the upcoming holiday weekend, there was some extra to be paid. Guess what? As I woke up the next morning, my calendar helpfully reminded me that I had a reservation – at another hotel we didn’t even think to check. Yeah, some stupid tax was paid.
  3. The Unknown Shopper – The Wife and I use Instacart with our local Publix for pickup. It keeps us out of the store and those tempting impulse purchases. This week, we went to the store to pickup our groceries and both spots were filled. It would be frustrating if they were filled by folks waiting for pickup. No, it was just assholes who wanted to use the closer spots. We went in and retrieved our groceries. Which resulted in a couple of the store staff saying “Oh, this is what you look like.” Apparently, we have a bit of a reputation.
  4. Adventures in Garage Reorganization – Memorial Day morning was spent cleaning out and reorganizing the garage. The impetus was The Wife’s acquisition of additional storage for yarn. First thing was to take some of the decoration bins up to storage and bring back the ones for Independence Day. While we were up there, we found additional yarn that was stashed when MIL moved in some 18 months ago. While I was wrangling with shelving, The Wife and MIL set up our six-foot table and a smaller two foot table. When I looked up from moving shelving units and getting some up on risers, they had covered both tables with yarn. My first thought was “Damn, that’s a lot.” Then I remembered the reactions I get from people when I discuss ammo inventories. Um, yeah, that’s probably enough for a while. Particularly since we found an additional black tub full. While they were in the midst of sorting and classifying their yarn, I mounted a Sig Romeo to my FPC. I also mounted a spare Streamlight. Yes, they’re both on the top rail. Yes, it looks goofy. I’m going to try it out and see if it works.

Monday Links

This week’s links are going to be a bit on the random side. So, let’s buckle up.

First, Biden pardoned all federal cases of simple marijuana possession. Personally, I’m hoping this is the furthering the end of the drug war. Reason has a moderating article to put things in perspective.

Jumping around comes a Reason article on the FDA admitting that vaping is safer than smoking, but it’s not changing its crusade against e-cigs. Fucking puritans ruining a useful method of reducing harm because it’s not the way they want harm reduction.

In a similar vein of government’s fucking things up, the EU mandated that USB-C will be mandatory. I think USB-C is great, I think Apple is being stupid not switching, and I still despise government mandating it. Because it’s going to mean that there will be less incentive to come up with something better.

Jumping again, a Reuters article that Walmart and CVS are facing lawsuits for putting homeopathic and real medicines next to each other. This warms the cockles of my heart. It would be better if the culture changed to relegate homeopathy to the ash heap alongside humors and bleeding.

Let’s end with a “light” Reddit item sent to me by The Wife. Which, if you know The Wife, was kind of surprising.