In the Box

27 08 2015

Bentonville, Arkansas

No more AR-15s at Wal-Martinez.

My reaction?  The same reaction I had way back when, when Rosie O’Donnell’s political pressure got K-Mart to quit selling guns altogether:

Fine by me.

As far as I care, W-M can totally get out of the gun business, too.

So that mom and pop little box retailers can soak up the business.

Can we have at least one part of the economy free of big box marts?

The Excuse Engine Is Running Again

25 08 2015


URL later, but a SLU Law Prof is claiming that since SCOMO finding absolute felon in possession laws square with the state constitution was on pre-Amendment 5 grounds, it means that some felon could bring yet another case trying to bork absolute felon in possession based on Amendment 5.

Non-starter, because SCOMO pretty much already explained that in their decision last week — Strict scrutiny applies both pre and post Amend 5, nothing about Amend 5 changed that.  If S/S couldn’t shoot down absolute felon in possession before Amend 5, then it won’t be able to shoot it down with Amend 5.

But, between the time some felon does file such a lawsuit and SCOMO upholding both the circuit court and the appellate court in the decision we know they will make, that will be enough time for the Slay-Joyce-Dotson triumvirate (*) to start revving up the excuse engine and start bitching about Amendment 5 so that nobody blames either them or the black undertow for the city’s violent crime and homicides.


(*) – “Triumvirate” refers to three consequential and similarly positioned men (“trium” + “vir”), “triumgynate” refers to women (“trium” + “gyn”).  “Triumvirate” is also the gender neutral or gender mixed sense of the word, which is why I used it here even though Jennifer Joyce is a woman.


The story.  At the end, he concedes the point about strict scrutiny and also concedes that they’d rule the same way even through the lens of Amendment 5.

Common Sensical

20 08 2015

City Hall

Sappy Is a Mashup of Sad and Happy

18 08 2015

Jefferson City

Breaking news, URL to corroborate later:  SCOMO finds with a unanimous 7-0 decision that state level absolute felon in possession laws are square with Amendment 5.  As I knew they would.

Slay, Joyce and Dotson are happy today, but they’ll be sad tomorrow.  Why?  They just lost an excuse.


Skip the news URL, here’s the actual court opinion.

What is really interesting here is that the felon filed his lawsuit before Amendment 5 was passed, meaning he tried to use the pre Amendment 5 Constitutional language of Art 1 Sec 23 (Missouri’s “second amendment”) to strike down his felon in possession conviction (which led to a seven-year state prison bit, and I suspect that that was the result a plea deal between the felon’s defense attorney and the ACA). While this case was making its way up the judicial ladder in the state, Amendment 5 passed, and the felon’s lawyers tried to change the pitch halfway between the mound and the plate, because they thought Amendment 5’s stronger language would have meant a greater chance of success.

SCOMO found that: (1) The pre Amendment 5 language of A1S23 had to be used, that the plaintiff couldn’t change the pitch while it was on its way to the plate, but (2) It was a moot point anyway because either the pre or post Amendment 5 language of A1S23 compelled the judiciary to apply strict scrutiny when analyzing challenges to state and local gun restrictions. And even applying strict scrutiny, absolute felon in possession laws stay in place, they survive strict scrutiny.

Ironically, as the decision states, SLPD Chief Sam Dotson lent his name to another Amendment 5 lawsuit of earlier this year, trying to get Amendment 5 overturned because the ballot language didn’t tell the voters that gun restrictions would be faced with strict scrutiny in state courts. As I just wrote, they were faced with strict scrutiny in state courts even before Amendment 5, the amendment did not result in any actual change. Of course, as I wrote more than a year ago in this space before Amendment 5 was voter approved in August 2014, I was going to vote for it but I didn’t understand how anything would be changed by it legally-substantively, and now we have our first run through the state courts to prove that I was right.

Ironically, the state’s own felon in possession law was not absolute until 2007.

Past Last Week

18 08 2015

Gravois Park

We keep on proposing the same old ideas that have already been tried but failed because hardly anyone has the ability to remember anything past last week.

Did you know that the blue ribbon panel established after the 1965 Watts riots in Los Angeles and the Ferguson Commission proposed mostly exactly the same things?

Time Has Passed You By

13 08 2015

New Jersey

H/T Sipsey.

This guy is living in the past:

Most gun crimes are committed by repeat offenders. There needs to be mandatory minimum jail sentences for any crime committed with a gun. Sell drugs while carrying a gun and get 10 years in prison – do it again, get 20 years. We need to let the bad guys know, gun crime gets you real time.

Oh that is so late 1980s and early 1990s.  Don’t you know that this is now the mid-2010s?  Being worried about violent crime is out, #BlackLivesMatter and disparate impact of long prison sentences on black men is in.  A lot of the black men sentenced to t hose kind of bits based on those laws both on the state and Federal level are being let loose in droves, with more to come.


Pled Out, Quickly and Furiously

11 08 2015



Not even straight life.

After all, it was Brian Terry’s fault for letting himself get murdered in a way that exposed Operation Gunrunner (“Fast and Furious”), thereby causing Baraq Obama and Eric Holder a little bit of temporary discomfort.


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