Ryan Busse
(AP Photo/Mariam Zuhaib)
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The State acknowledges that Mr. [Ryan] Busse offers no historical testimony, but argues that he addresses several issues still relevant under Bruen. The State says Mr. Busse’s testimony is relevant to whether the firearms at issue are covered by the plain text of the Second Amendment. State’s Opp. at 9. But as established above, that is an open-and-shut question. And while Mr. Busse includes some discussion of the features of so-called “assault weapons” he does not opine on whether those features represent a “dramatic technological change” that would allow the State to engage in the “more nuanced approach.” 

The State also exposes its shocking ignorance about the very firearms it regulates when it attempts to equate only caliber with power, while suggesting both of those are apparently unrelated to velocity. Every child in this country at some point learns Newton’s second law, which is that force equals mass times acceleration. The caliber of a bullet pertains to its mass (though is not totally determinative of it, as .223 and .22LR have similar calibers but very different projectile weights), and the speed at which a particular mass moves determines how forcefully it impacts the intended target. It is not Plaintiffs’ “view” that .223 Remington is one of the weaker centerfire cartridges. It is an indisputable fact that it is. That is why, as Plaintiffs showed in their motion, a handful of states actually banned .223 for deer hunting out of fear it was not powerful enough to reliably kill a deer, unlike far more powerful common centerfire rifle rounds like .308. (Virginia argued that their caliber regulation is necessary because the use of rifles of a caliber less than .23 to dispatch deer would result in an unacceptable number of crippled wounded and/or lost deer.). 

Mr. Busse knows all of this. On his Twitter account on July 5, 2022, he explained that “the typical hunting gun fires a much larger bullet (might be 200 grains or more) some at similarly [to .223] fast speeds. Those rifles are technically MUCH more powerful than an AR15.” Just this week, on April 12, 2023, Mr. Busse similarly tweeted that “The AR15 does not fire particularly high-power rifle rounds when compared to single rounds of most hunting rifles. Single .223/5.56 cartridges of the AR15 are only fractionally ‘as powerful’ as a cartridge like the .30-06.” Perhaps Plaintiffs should have retained Mr. Busse to rebut Mr. Busse.

Given his knowledge, his effort to deceive this Court by comparing the centerfire .223 round to the far weaker rimfire .22LR, a much slower and smaller round typically used for hunting small game or low-recoil target shooting, demonstrates Busse’s unreliability as an expert witness. 

Plaintiffs’ reply to defendants’ opposition to motions to exclude expert testimony in Rupp v. Bonta, challenging California’s “assault weapons” ban

 

H/T Rob Romano

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79 COMMENTS

  1. Not unlike sociopaths these people have a goal in mind and will say and do whatever, whenever to whoever in order to move the ball closer to that goal.

    Truth, reason, contradiction, consistency of thought, reality play no role. It’s a war for them and all means are justified.

    • It is a war and Gun Control zealots will “say and do anything” to advance Gun Control. Their MO is the exact opposite for those supposed to be on point defending the 2A.

      So called 2A defenders sit in a court and allow a nitpicking clown show over .223 vs .22 and not a beep out of them when it comes to Defining Gun Control.

      Gun Control VS The 2A cases amount to an unscathed individual coming to a police station and saying John Doe tried to murder them and without any information about the accuser the police go arrest John Doe. A jury finds John Doe quilty and he is sentenced to life. After John Doe dies in prison it was discovered his accuser was an escaped ax murderer from a mental institution.

      Likewise Gun Control continues to get away Scot Free until so called defenders of the 2A unmask Gun Control in court and Define Gun Control as an agenda History Confirms is Rooted In Racism and Genocide.

  2. After wotking a few years in the legal arena I learned you only have to manipulate the judge and jury by confusing them. Facts or lies don’t matter.

      • “What is a wotking?”

        It’s kinda like a Possum, but easier to get inside its pants… 🙂

        • Possum, pr possom, whatever, a friendly word of advice: BEFORE you eat that tunny fish sammich make sure the tunny fish was taken ou of the can it came in. That can is tough and can sorta messup yer teefs but when it gets past them the REAL fun begins.

          Caution: NOT based on personal expereicnce but that of others whom I trust. Unlike I “trust” these gungrabbers/overstuffed/paid lawyers.

      • pussom…What is really nice is you proving once again you cannot debunk my posts. And going pizza Noid over a typo…C’mon Man.

        • possum…Selecting a few words from my lengthy reply and an unnecessary Rand spell check that prompted an off topic silly tube link followed by your craving for a tuna sandwich are not exactly coherent responses to a topic concerning a serious 2A court case where the stakes are high. You could have done better.

        • Debbie, please note the fatal flaw in your otherwise fine rebuttal to the resident possum:

          “possum” and “coherency” are not compatible words or concepts. Avoid using thm in the same sentence.

        • he was showing appreciation for your use of face painted entertainers and squeeky red bulb noses.

      • It can be as a court attache, court clerk, court baliff, court reporter.
        I learned in my 25 years of working as a court reporter that one can buy any kind of testimony from an “expert” that one desires. Want an expert to testify the moon is actually made of blue cheese? For enough money you can buy such an expert. The standard courtroom joke about experts is: An expert is a guy from out of town with a Cross pen. A nationally recognized expert is a guy from out of town with a Cross pen and a Samsonite attache case. And internationally recognized expert is a guy from out of town with a Cross pen, a Samsonite attache case and a Brooks Brothers three-piece suit.

    • Or “legal area” could be as a paralegal, gofer, law library clerk, legal secretary, private investigator — there are lots of ancillary fields related to the legal business. And unless one is very slow, some of it rubs off on non-lawyers. See my comments below about courtroom “experts.”

    • When the testimony is blatantly confused and befuddled, there is no reason to stir up the already muddy waters especially if the judge is already inclined to rule against you. I worked for a judge who used to tell counsel, “Counsel, I am prepared to rule in your favor but I will allow you to argue and change my mind.”

  3. We were a safer and freer country when the civilian population had superior firepower in the hands of the individuals. Than in the hands of the government.

    • When the government fears the people, there is Liberty. When the people fear the government, there is Tyranny,

        • I will be the first to admit that it appears McCarthy was right. It is a shame he was a drunken azzhole which cast doubt on his claims of communist infiltration. He used a meat cleaver when he should have been using a scalpel. He told outrageous lies when the truth would have better served his cause. I despised him as a person and a U.S. senator but his cause was correct. I was glad to see him taken down but it also sunk his cause which deserved better.

  4. So he’s a paid whore?!? Got it! I believe the time for being “nice” & rational is long past🙄

    • @fww

      Yes, he is a whore of the worst kind. During the Summer of Mostly Peaceful Riots, his son popped off some AntiFa type rhetoric at a local support your Police rally in Kalispell, MT and someone offered to perform a crano-rectal inversion procedure on him so that he could see through the $#!t he was spouting. Daddy Ryan has been an aggressively and, increasingly, vocal anti-gun pimp since then. Busse keeps alluding to his superior knowledge gained while working in Kimber’s Marketing department. Years ago I unknowingly met and pissed him off at a local range. He and his spouse were shooting a number of Kimbers. He proudly exclaimed that he had a largish collection of them. I replied that I was sorry he wasted so much money on expensive firearms with mediocre performance. After he and his spouse left the range, I checked the sign-in log to find out who he was and then Googled his name.

  5. Ryan Busse is either an incredibly poor liar, an irredeemable idiot, or all of the above. either way, if he fell into a canyon, screaming the whole way down, his own family would point and laugh.

    • They all are, yet they continue to succeed because lacking morals and constantly lying makes one better at politics. The biggest problem facing our country right now is the constant lying/propaganda. The ruling class face so few (basically zero) consequences from the public, that it’s in their interest to continue their constant lying.

      • People don’t show up to vote during the midterms. Seriously stupid people get reelected year after year. Approximately 330 million people in this country and Biden is our President. That is some effed up crap.

        • If you want proof of that all you have to do is look at the two idiots in the Gray House and the senator from PA who is even worse than Ole’ TwoShot and Kammie Kameltoes.

  6. on liberal sites, anti gun liberals talk of assault weapons bullets “explodeing” inside the human body, and how much more dangerous these bullets are than normal hunting rounds. and how they should be outlawed as they have no use for hunting/because they all think the second amendment is all about hunting. they show links to gelaton video showing how .223 bullet travels thru it.

    • “on liberal sites, anti gun liberals talk of assault weapons bullets …”

      they talk about them doing all these things you mention because thats how they have been programmed.

      My favorite ones are the ‘follow the science’ types that pretend to talk intelligently on the subject pointing to fabricated & biased debunked claims and studies they think are solid science because it appears on the NIH site or comes from some university or some doctor. Like the claim ‘a single 5.56 round can completely vaporize the human body so there is not even a trace of DNA left”, no matter how many doctors or researchers or politicians say that its still 100% false and impossible under the laws of physics for it to happen, but there are anti-gun people and researchers and doctors who believe it.

      Its what they have been programmed to believe.

    • That’s why Mn. has a bill in the House to close the hunting season on wild Gelatin and try getting it onto the Endangered Species List.

      …//s

      … but not any stupider than what they ARE debating

      • “That’s why Mn. has a bill in the House to close the hunting season on wild Gelatin…”

        Wild gelatin?

        (Those poor cattle fattening up in stockyards have no idea they will soon be steaks, roasts, hamburger, leather seats, and Jell-O, AKA, gelatin… *burp* 😉 )

  7. Go right ahead and ban whatever. Argue over what is ir is not acceptable for civilian use/ownership. Claim all this is somehow going to have some positive effect on crime or mass shootings. Piss and moan about the scary black rifles.
    And not 1 broken or mentally damaged, or angry and resentful person will suddenly change their mind and get help before they go commit their atrocity.
    A firearm of any type has a single purpose. To contain a small explosive/propellent charge and direct a projectile down range toward a target.
    And we’ve heard all the same crap many times before. That we must ban this or that gun. That we need to act now. That we have to do something to protect the children, etc.
    Problem is the AR type rifle, is no more dangerous than the person using it. The 5.56/.223 cartridge is no more dangerous than the 22-250, or the 224 or 243 rounds also commonly used as hunting rounds.
    Ban whatever type of firearm or whatever capacity magazine and those who have rationalized the irrational will simply use another tool to accomplish their goal.
    Unless and until the anti gunners understand that, and are willing to do the hard work and deal with the human side of the issue, nothing will prevent the next mass shooting or home invasion or tragic accident.

    • “Unless and until the anti gunners understand that, and are willing to do the hard work and deal with the human side of the issue, nothing will prevent the next mass shooting or home invasion or tragic accident.”

      I’m going to take a cynical tack, and ask whether the antis actually have as their goal preventing mass shootings etc., or civilian disarmament.

      You’d think by now, if they really were interested in preventing deaths by shooting, that they would have realized (a) most shooting-related deaths don’t happen in mass shootings, but in crime-ridden cities; (b) what they propose usually has been tried and hasn’t made a real difference before; and (c) specifically, what they propose would have been useless in preventing the latest mass shooting anyway.

      Given that, I believe most gun-grabbers are either disingenuous (usually the leadership) or useful idiots.

      • “Given that, I believe most gun-grabbers are either disingenuous (usually the leadership) or useful idiots.”

        Both, I suspect, in various degrees… 🙁

      • I agree the ultimate goal of the gun control mob is to disarm the law abiding.
        With nothing but lip service being paid to the victims of the criminals.
        Add in the leftists and progressives who see the chaos as an opportunity to gain power and control.
        It’s always about disarming the law abiding. There is never any example sighted to show how the proposed law will somehow force compliance from the criminals or somehow force the potential mass shooter to seek help or change course and not inflict their personal pain on others.

    • Isn’t that the Leftist Anti-Gun Radical solution to most problems? Don’t address the real issues; make it look like you are doing something while you exert more control over the people.

  8. “Every child in this country at some point learns Newton’s second law, which is that force equals mass times acceleration”
    Sadly this is no longer true, as they concentrate on pronouns instead.

    • “Every child in this country at some point learns Newton’s second law, which is that force equals mass times acceleration.”

      Sigh. That’s a good sound byte, but discussion of energy (one half times mass times the square of the velocity) or momentum (mass times velocity) would have been more to the point regarding projectile terminal ballistics.

      • it would have been had this been a panel of scientists or a class room… but out lining to judges in a legal response, no.

    • “Sadly this is no longer true, as they concentrate on pronouns instead.”

      😆

      left wing protest mob = (mass × acceleration) / pronoun

  9. read the whole plaintiff response…this guy is not the only idiot plus theyvere trying to sneak in interest balancing which if forbidden under Bruen.

    • correction: “…theyvere trying to sneak in interest balancing which if forbidden under Bruen.”

      should have been…

      …they were trying to sneak in interest balancing which is forbidden under Bruen.

    • They’ve been trying to do that in all of their briefs, suggesting that weapons of war can be banned in the public interest. There are still federal district court judges trying to do the same thing despite Bruen.

  10. On a different note…

    The exact motive behind the Louisville shooter has not been released. What has been determined is his motive was not about being fired which according to the perp’s words noted on TTAG begs the question…Could the perp be nothing more than an extra irate Gun Control drama queen on a mission to give Gun Control a bloody push following Nashville?

    Not like the perp had a firearm on hand, the perp had to purchase the firearm and with no time to case another target perhaos he went with a target he was quite familiar with. The silence over the perp’s motive is deafening and for me that raises a red flag. And if true the perp’s actions were on the behalf of Gun Control the Gun Control darlings at CNN may regret letting the cat out of the bag…

    “A law enforcement source told CNN on Monday that the assailant had been notified that he was going to be fired from the bank. But Louisville’s mayor and police chief have since said otherwise, with Louisville Metro Interim Police Chief Jacquelyn Gwinn-Villaroel telling CNN’s Abby Phillip on Wednesday that that there “was no discussion about this individual being terminated” before the massacre.”

    • Perhaps a radical antifa/blm follower, but not member, who was upset when the bank would not bend the knee?

      • “Perhaps a radical antifa/blm follower, but not member“

        Right, with an undergraduate and a masters degree in finance, that checks out.

        • Education doesn’t correlate to political beliefs.

          Why STEM students are reviled by the activists for their lack of “political awareness”. It was same in the late 1980s to the mid 1990s. Still the same now.

        • I’ve seen stories of college professors and attorneys being caught conducting antifa attacks, but that’s probably more obvious.

        • Miner,
          Check the attached link and lookup JP Morgan, Bank of America, Bank of NY Mellon, Goldman Sachs, Silicon Valley Bank, and Fifth Third Bancorp to name a few. The Left is in bed with Big Banking along with most other wealthy capitalists.
          https://dc.claremont.org/blm-funding-database/

          Silicon Valley Bank was handing out millions it didn’t have. That was essentially tax payer money. What a joke.

    • “The silence over the perp’s motive is deafening and for me that raises a red flag.”

      That one’s yet another “Read my little manifesto” mass-murdering asshole? 🙁

    • That has been my thought on many of these shooting. I believe that the Democrats are sacrificing children as fodder in their desire to disarm the American people and take down the Republic – everything they do points to that being their end game. Observation tells us that their answer to preventing school shooting is ALWAYS to take all the guns away, while knowledge and logic tell us that evil doesn’t give a damn about there being no guns – evil will still be out there, no matter what we do. This old security professional’s observations, analysis and experience know that the best and most effective way to defeat these amateur shooters is hardened facilities to prevent unauthorized intrusion and armed security/employees. Metal detectors at all entrances – there are a lot of simple, not too expensive ways to accomplish the hardening and it won’t “make it look like a prison.” The morons who imagine schools as prisons have no idea or concept of what a secure school would look like. We are not guarding against military operators or dedicated to the task terrorist. It is one dope, slinging lead, who doesn’t want to live so decides to go out in flames of glory, taking the most innocent and defenseless with him/her, and the Democrats won’t do a thing to prevent it.

      • orngman baddyu need votttte fir haresniffer joey…
        and just like that – winner winner,
        dogshit dinner

        • Joseph Robinett Biden is the greatest U.S. president China ever had.
          I wish people would quit picking on that old man, he’s done a lot to this country. I mean for. He’s done a lot for this country.

  11. If this critter really wanted to be accurate AND taken seriously, the simple solution would have been to drop by any decent sized gu store and ask for a copy of any ammunition manufacturer’ Balistics Book. typically a US Letter sized glossy magazine.

    In that ine can look up by calibre and cartridge type any ammunition out there and learn its trajectory, ballistics, muzzzle energy and downrange energy at at least a few selected ranges.

    Find the .223 and compare muzzle and downrange (100 yards, 400 yards) velocity ad energy.
    Now select some of the more common hunting rounds and write down those numbers.

    Exolain how that round was developed for relatively short range urban fighting, and long range/sustained doiwnrange velocity were ot desirable factors. This is why most states ban the use of the 5.56/.223 round for the taking of deer, and certainly for larger game. Not enough whack at typical ranges for taking deer. Groundhogs, sage rats, coyotes, wild pigs, Farm pests like possum (no offense to our resident possum.. no one here is gunning for you.. yet), coon, feral cats and dogs, etc. And it is perfect for that.

    Funny thing…. I personally do not find the shape/design of the AR pattern rifles to be comfortable and thus not well suited to ME. I did manage to find a Ruger Ranch Rifle firing the identical cartridge, and love it. But, it has limited use. For larger fourlegged items I have “other things” . One piece I found some years ago is a Browning BAR in .30/06/7.62 x 59. This fires the same cartridge that was developed for the European theatre during the First German War, and used throughout the Second german war as well., It truly IS a cartrige developed for long range open battle zones. I have watched as a man, firing this round through the same 1903 Springfield bolt action rifle he carried as a sniper in World War Two, from the offhand position, hit a Volkswagen sized target at a range measured at a mile and a quarter. What could THIS do againstm say, a riot crowd, from far enough away no one would figure out what was happening. That “most powerful boolit ever” the AR spits out would be on the ground laying mighty quiet at half that range or less.

    Sad day when emotion and fairy tales rule in our courtrooms. I wish there were a fubctional way of going against nutjobs like this who step up to the bench and sputter out their false nonsense in front of the judges and seriously harm them (pocketbook or liberty).. fine and/or jail them for perjury) When “witnesses” give false testimony with no consequences we are done.

  12. Can’t let the spammer above have the last word.

    This Busse guy reminds me of a passage from one of the Louis L’Amour westerns. The hero is cleaning up the town, and the bad guy has a few hired guns. Hero encounters hired gun, says a line something like Eastwoood’s “dying ain’t much of a living, boy” and the hired gun responds “but I taken his money, and I got it to do.” Blam Blam, then Blam. The hero’s first shot clips the corner of the Bull Durham tobacco sack sticking out of the hired gun’s shirt pocket, and the second pops a button next to it. The hired gun’s iron barely cleared leather and he fired, sending the shot into the dirt at his feet as he slumped to the ground.

    He’s a lying skunk who reminds me of that hired gun. He knows it’s a losing proposition, but he took their money and he’s on board for the whole ride.

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