Just Because You Can’t Comply With A California Gun Control Law Doesn’t Mean It Shouldn’t Exist

Microstamping California Gun Control

courtesy sfchronicle.com and AP

“Impossibility can occasionally excuse noncompliance with a statute. But impossibility does not authorize a court to go beyond interpreting a statute and simply invalidate it.” – California Supreme Court Justice Goodwin Liu in Calif. Supreme Court upholds law requiring bullet-tracing technology on guns [via sfchronicle.com]

comments

  1. avatar pwrserge says:

    … and every day I’m happier and happier that Trump will probably get at least two more SCotUS picks. If the commies are howling about a 5-4 majority, what do you think they’ll do when it becomes 6-3?

    1. avatar Vic Nighthorse says:

      I am still not counting this one until it is done. Strong dark magics are keeping Ginsburg animated though. How does one de-animate a lich?

      1. avatar pwrserge says:

        Generally? A very high level cleric… anybody know if we could get the Patriarch of Kiev to come over for a visit?

        1. avatar Kroglikepie says:

          Battle Pope is booked solid for the moment. My vote is hiring a witcher for the time being.

      2. avatar Matt says:

        You force them to run out of permanent to sacrifice or disenchant their power of course!

        1. avatar Arc says:

          pretty much, a powerful enough bout of dispel magic, would handle a lich… depends on what fantasy you subscribe to though.

      3. avatar RocketScientist says:

        Typically it involves first destroying the current physical form of this lich in this plane of existence (which in itself usually takes some very powerful magic). Then, during the brief period of time while the lich rebuilds its power to take physical form again you must destroy its phylactery (the physical totem that contains its actual soul). These are usually very well-hidden and very well-protected, so it is advisable to find and secure the phylactery before tackling the lich’s physical form. Of course, most liches won’t sit idly by while you secure its phylactery, and will just kill you then. You can see why they’re almost impossible to destroy.

        1. avatar 2aguy says:

          This is why you need a well balanced party…a Magic User, a Cleric, several fighters and at least one thief……otherwise it will be a fools errand and the Lich will simply manifest again….

        2. avatar J says:

          https://www.myjewishlearning.com/article/tefillin-phylacteries/

          Is this why the most evil Jews always go on living into their 90s even though they start to look like the undead?

        3. avatar Bloving says:

          And people wondered why that Pocket Dump of the Day recently had a d20 die in his pocket… something tells me he isn’t the only one.
          🤠

        4. avatar Rad Man says:

          I actually had to ask my son to read this thread and explain what you geeks were discussing.

      4. avatar David Pigg says:

        Ginsburg is just a symptom. Focus on the Ruth cause.

        1. avatar Ing says:

          Ha! This comment thread is the best thing I’ve read in weeks. My office neighbors are going to come in any second now and demand to know why I’m laughing so hard.

      5. avatar Dug says:

        Remember the movie Breakfast at Bernie’s? Ginsburg is already dead and Chuck and Nancy are holding her up and waving her arms!

        1. avatar Frankie 2 Lunch says:

          *Weekend at Bernie’s

      6. avatar J says:

        I think to permanently destroy a lich you have to find and destroy her phylactery.

        http://www.jewishencyclopedia.com/articles/12125-phylacteries

      7. avatar HP says:

        Haven’t you ever seen weekend at Bernie’s?

        EDIT: Someone beat me to it, I didn’t see that reply. D’oh!

      8. avatar NJ2AZ says:

        I feel like despawning a lich usually involves smashing a sacred urn in a catacombs somewhere

        1. avatar the ghost of ironicatbest says:

          The ghost of ironicatbest knows a .45acp shot out of a 1911 and only a 1911 will destroy any lich . The power of JMB has no limits.

      9. avatar Borednva0126 says:

        Hold on ill get the number for the guys from Monster Hunter International

        1. avatar Vorkon says:

          I have a feeling it’ll be tough to collect the PUFF on a Supreme Court justice.

    2. avatar Bob999 says:

      What will the leftists do? They will escalate their acts of violence. It is in their playbook, and historically, that is what these movements always do. There are scary times ahead of us…and scarier times for those who live in blue states who cannot protect themselves.

      1. avatar pwrserge says:

        Not particularly concerned. Send in the National Guard, arrest the ring leaders.

        1. avatar Kevin says:

          bad precedent

        2. avatar pwrserge says:

          Already set. Lincoln did it.

        3. avatar DesertDave says:

          Dinesh D’Souza Compares Trump to Lincoln in New Movie Trailer

          https://www.hollywoodreporter.com/amp/news/dinesh-dsouza-compares-trump-lincoln-new-movie-trailer-1123976

          Puts it right there showing the left for what they are, this is AWESOME!!

    3. avatar MDB says:

      Any chance of summoning a Daedric Prince to call her back to hell? I mean, if we all tried to do it at the same time, it might work.

    4. avatar RedRed says:

      Don’t get too excited. The GOP has a poor record of figuring out which judges will actually read the Constitution as it was written and not make it up as they go along. Look at some of Nixon’s and Reagan’s choices. The problem is that the President relies on advisers and they are mostly 50/50 at best.

    5. avatar thistownneedsanenema says:

      Have you ever noticed you RARELY if ever see Ginsberg during the day? I think before she dies off it’s going to take a lot of garlic or a wooden stake. I believe hillary must have bitten her back in the 1800’s and like the energizer bunny from hell she just keeps going and going…we have to get someone on the inside and have them leave the coffin door open.

  2. avatar Imayeti says:

    Ammo is gonna be short in CA.

    1. avatar CZJay says:

      They track that now to make sure you are not stocking up for some strange reason.

  3. avatar Marcus says:

    HAHAHA How retarded are these Justices?!?!?! What I would love for nothing more would be for the Supreme Court to uphold the CA handgun roster and just make it and all “gun safety” apply to all CA law enforcement. Then handgun manufacturers can withdraw their semiautomatic’s and force all police officers to used old simi’s or carry revolvers.

  4. avatar No one of consequence says:

    Ban death. Nobody’s allowed to die.

    Let’s see how that one works and then go from there. (The penalty for noncompliance will, of course, be a fine or “death tax”…)

    1. avatar Omer says:

      You know the left would love to do exactly the with RBG.

      1. avatar No one of consequence says:

        What do you mean “would love to”? (See a few posts above…)

  5. avatar Wally1 says:

    I am surprised that this moron Judge doesn’t want to repeal the “laws of physics”. How can allegedly educated people be this stupid? Oh yea, they are democrats.

    1. avatar Icabod says:

      Heard they were considering making Pi to be 3.14 and none of those non-repeating numbers.
      Then they want to lower the speed of light so we can fly to the stars.
      Then there’s the pesky “law of gravity.” They can change that. It’s only a law.

      1. avatar surlycmd says:

        Let’s not forget the Democrat congressman who was concerned about stationing 8,000 Marines and their families on Guam. He asked if an additional 25K people would cause the island to tip over. His back tracking comments were less than convincing.

    2. avatar m. says:

      Lie-whores have been able to negate physics at least since the “magic bullet/bullshit” theory & JFK assassination. These mfkrs will do or say anything. I thought rosie & the supremes had retired from cali-fagnia, guess not.

  6. avatar GS650G says:

    War was outlawed in 1925. That solved the problem

    1. avatar CC says:

      That is what most do, on both sides, otherwise there would be no correlation with prior politics. Even the few federal judges who don’t correlate to party that nominated them have simply changed their poltical worldview. Only exception is the center on split courts, which is more about having more power, being the key decider and intoxicated with power like Kennedy.

      The rest of outliers tend to be judges putting their fingers to the public opinion wind, which like it or not, is also the only reality of our system

      Heller was about partisan poltical views, the split was precisely partisan, and a guy in the middle slightly leaning right, who put his vote up for whichever side would give him the most behind the scenes say on the decision and parameters.

      So that is the reality. You are not going to change reality no matter how illegitimate you think it is. It is best to know it, understand it and use it.

  7. avatar bobo says:

    whats next in cali??

    “I saw a car fly last night on TV, it was in a show about a office worker and he had a dog named Astro…he had a flying car…all cars in cali must fly in less than 10 years or no cars will be sold”

    a republican with balls should try to pass this, to show how insane the current laws are!

    1. avatar Retrocon says:

      And the flying cars cannot pollute or be powered by energy produced by poluting sources, and they must be piloted by an infallible computer that is 100% safe.

  8. avatar 2aguy says:

    Remember in November…..any vote for a democrat is a vote to end the 2nd Amendment. Any vote that doesn’t put a republican in office, especially the Senate of the U.S., is a vote to end the 2nd Amendment. The democrats are not hiding it anymore….they want to ban all semi automatic weapons, they stated this at the CNN town hall, and at the school walkouts and D.C. rallies…..yes, this means the semi automatic shotgun you thought was safe because you just use it to hunt…they want all guns. And after they get all semi auto rifles, pistols and shotguns, they will come back for the lever action rifles, pump action shotguns and bolt action rifles….then they will come for the derringers……

    Trump needs a Republican Senate to confirm the Justices and judges…we need to give it to him…

  9. avatar barnbwt says:

    I’d say it just officially became a moral duty to disobey that law in California, and make it well known how many ‘untraceable’ unmarked cases are out there already.

    Might make for an interesting protest tactic; get several thousand people to drop a casing in a pile in front of the state house during a protest, perhaps mail one along with protest letters in large quantities, have a dump-truck load of spent brass from a shooting range/etc deposit it in front of De Leon’s house one morning, etc.

    Would be real easy to go on a more Project Mayhem route and begin leaving spent cases in places that would make gun banners uncomfortable because of their irrational phobia, too.

    1. avatar Andrew Lews says:

      Can I get in on that?

    2. avatar Wedge259 says:

      Interesting idea, but then all the brass whores like myself will pick it all up before they see it, lol.

  10. avatar Shire-man says:

    If Kafka were alive today he’d be writing process manuals unironically.

  11. avatar Green Mtn. Boy says:

    Only brain dead Lefttards could conceive of a statement so moronic.

  12. avatar Ironhead says:

    California just needs to be kicked out of the union. Period. Anyone who wants to leave will be given a one week grace period to cross the border. After that it will be illegal without a passport. Thats in or out of California. A beautiful state turned into a shit hole by elitest idiots.

    1. avatar the ghost of ironicatbest says:

      Ha ha ha. Most of the people in California already know how to swim rivers and scale walls, Passports??? We don’t need no steenking passports.

  13. avatar John Q Public says:

    History lesson….What occurred when a Tyrannical British King Tried forcing Totalitarian rein under the force of law…Well, we had an American Revolution…In this case, things could come to pass that would ignite a 2nd American Civil War….A quote from the Movie: THE Patriot….

    Benjamin Martin: Why Should I Trade One Tyrant Three Thousand Miles Away For Three Thousand Tyrants One Mile Away?
    Benjamin Martin: Would you tell me please, Mr. Howard, why should I trade one tyrant three thousand miles away for three thousand tyrants one mile away?

  14. avatar Dentalprepper says:

    Lisa! In this house we obey the laws of thermodynamics!

  15. avatar RA-15 says:

    Bob999 is right. N.Y. is so leftarted even the true mentally retarted have more friggin sense than said Leftards. I have means to protect myself & family. Most in this bluest of states do not. Tyrants Rule , I remember a day when you could say this state was a decent place to live. Not so any longer. If only moving were an option.

  16. avatar Shawn says:

    Oh look, Another ridiculous decision out of California courts that the Supreme Court refuses to hear.

    1. avatar Geoff “Mess with the Bull, get the Horns” PR says:

      “Oh look, Another ridiculous decision out of California courts that the Supreme Court refuses to hear.”

      Shawn, it hasn’t been submitted to the U. S. Supreme Court yet for consideration of granting certiorari yet. (Agreeing to hear the case.)

      “The ruling effectively ends the case, but other gun organizations have sued in federal court, claiming the law is unconstitutional. Their case is pending before the Ninth U.S. Circuit Court of Appeals and could ultimately reach the U.S. Supreme Court.”

      https://www.sfchronicle.com/news/article/Calif-Supreme-Court-upholds-law-requiring-13035147.php

      Wouldn’t it be nice if that case (and a few others firearm in nature) were granted certiorari by a New! Improved! Trump! Supreme Court in a future session?

      *snicker* 😉

  17. avatar rudukai13 says:

    https://www.afj.org/?audio=what-is-an-undue-burden

    “In Planned Parenthood v. Casey in 1992, the Court held that states cannot enact laws that put an “undue burden” on women seeking an abortion. The opinion, authored in part by Justice Kennedy, said there is an undue burden when “a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion.””

    Hmmm…

    In [a future Supreme Court ruling], the Court [will hold] that states cannot enact laws that put an “undue burden” on [individuals] seeking [to exercise their Second Amendment rights]. The opinion [will state] there is an undue burden when “a state regulation has the purpose or effect of placing a substantial obstacle in the path of [an individual] seeking [to exercise their right to keep and bear arms].”

    Ahhh…

    1. avatar rosignol says:

      Maybe after the next Trump nominee to the USSC is confirmed.

      I’m more optimistic than I’ve been in a long time.

    2. avatar barnbwt says:

      Some inalienable rights are more inalienable than others…

  18. avatar Geoff "Mess with the Bull, get the Horns" PR says:

    “The ruling effectively ends the case, but other gun organizations have sued in federal court, claiming the law is unconstitutional. Their case is pending before the Ninth U.S. Circuit Court of Appeals and could ultimately reach the U.S. Supreme Court.”

    https://www.sfchronicle.com/news/article/Calif-Supreme-Court-upholds-law-requiring-13035147.php

    OK, TTAG ‘Legal Eagles’, why is that decision “the end of the line” (so to speak) for that case?

    Why can’t it can’t be appealed to the circuit courts (‘9th Circus’ in this case) or finally SCOTUS?

    (A newly formed SCOTUS hopefully more agreeable to hearing 2A cases…)

  19. avatar Chris T in KY says:

    Some are strong but in general Californians are weak, and I’m not just talking about guns. When a cop puts his gun in your face because you are selling and or buying raw milk, and no one protests, you have serious problems in the state.
    They will fight to make marijuana legal, and put it into their bodies. But if the state prevents them from putting raw milk into their bodies, they will not fight for that. What freedom / Liberty means in California does not mean the same thing in other states. I know this because I was born and raised there.

    Breaking the state into several smaller ones will only produce more democrats in congress. And I think that is the real goal.

  20. avatar anarchyst says:

    “Equal justice under law” is supposed to be “the law of the land”. Unfortunately, California “ain’t part of it’.
    The restrictive California gun laws DO NOT APPLY to politicians, police, or other groups who are “more equal than others”…in other words “carve-outs” that benefit the “hoi-polloi”.
    It seems that a court case citing inequality based on social, political or employment status would be a “slam dunk” and would get ALL of these California gun laws invalidated.

  21. avatar Ing says:

    Catch-22.

    I think this judge is actually Colonel Cathcart. Next thing you know he’ll be raising the number of missions to 65 and wanting to know why the dead man in Yossarian’s tent hasn’t been flying lately.

  22. avatar Hannibal says:

    “Impossibility can occasionally excuse noncompliance with a statute. But impossibility does not authorize a court to go beyond interpreting a statute and simply invalidate it.”

    So… the law is still valid but anyone breaking it MIGHT be excused because it’s impossible?

    Right, because THAT’S a great legal theory (you’re all guilty unless we happen to decide that you’re not) and not big-brothery at all.

  23. avatar Alan says:

    What might happen, I wonder, if these learned juristists were bound by the same legislative idiocy that binds Mr., Mrs., Ms. Private Citizen. In theory, they are, however we then come face to face with the differences between theory and practice.

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