#9may24

[dailyniallnews]

Niall via BeReal | May 9, 2024

[j-a-smiths-blog]

0019 9May24: Chapter 130.

Is Fiesta over yet?

Definitely drank way too much vodka today. Went to a friend's house who works abroad in Canada and they had an open bar where rhe bartender kept the "sex on a beach" drinks coming. Good food, good company.

Though Fiesta seems to be dying off with the elders it was nice that we were able to get together with these friends and celebrate. Maybe next year we can actually prepare as well won't be worrying about preparing the house for our household goods, we should be nice and settled. Between now and then I can work on a menu and events I'd like to plan for those few days. Most importantly is ensuring we invite people over and have a way to keep them cool and allow them a chance to enjoy great food. If I have my earth oven completed by then it would be nice to bake some fresh goodies in there. So we will see.. I have one year to plan and then execute!

[masterofd1saster]

CJ court watch - good 2d Amendment case from 9th Circuit.

A panel of the 9th Cir. decided United States v. Duarte, No.22-50048 on 9may24. Duarte was convicted of felon with a firearm in violation of 18 U.S.C. § 922(g)(1). Duarte appealed claiming the law violated the 2d Amendment when applied to non violent felons like him.

Duarte possessed a .380 on March 20, 2020 in Inglewood, California. He already had state convictions for

vandalism, Cal. Penal Code § 594(a); felon in possession of a firearm, id. § 29800(a)(1); possession of a controlled substance, Cal. Health & Safety Code § 11351.5; and two convictions for evading a peace officer, Cal. Veh. Code § 2800.2.1 Each of these convictions carried a possible sentence of one year or more in prison.

He was indicted by a federal grand jury for felon w/ a firearm. He pleaded not guilty, but was convicted by a jury.

Not much later, SCt decided New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). The 9th Cir. noted that Bruen held

If the Second Amendment’s “bare text” covers the person, his arm, and his conduct, “the government must [then] demonstrate that the [challenged] regulation is consistent with this Nation’s historical tradition of firearm regulation.” Id. at 18, 44 n.11. To meet its burden, the Government must “identify a well-established and representative historical analogue” to the challenged law. Id. at 30 (emphasis in original). As to courts, “th[e] historical inquiry that [we] must [now] conduct” requires “reasoning by analogy,” in which the two “central considerations” will be whether “how” the proffered historical analogue burdened the Second Amendment right, and “why” it did so, are both sufficiently comparable to the challenged regulation. Id. at 28, 29. “Only if” the Government proves that its “firearm regulation is consistent [in this sense] with th[e] Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’” Id. at 17 (citations omitted).

The government could not find any 18th or 19th century laws or customs that prohibited non-violent felons from possessing firearms. Accordingly, the panel reversed Duarte's conviction.

I suppose the gov't will ask the full 9th Cir. to review the case en banc. I suspect the full 9th Cir. would be more sympathetic to the gov't's position. They certainly don't seem to be bothered by their status as the most reversed federal court.

[dailyniallnews]

The Show Live on Tour | Singapore

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“I’ve never seen one of these before” - Niall reading a fan’s exam results | Singapore

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The Show Live on Tour | Singapore (via gingerbellss)

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‘How I obsessively adore you 👼🏻’ | Singapore

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If You Leave Me | Singapore (via gingerbells)

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Small Talk | Singapore (via gingerbells)

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Slow Hands | Singapore

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The Show Live on Tour | Singapore (via gingerbells)

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Niall via IG story | May 9, 2024

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The Show Live on Tour - Singapore setlist

Nice To Meet Ya

Small Talk

On The Loose

On A Night Like Tonight 

The Show

Since We’re Alone

If You Leave Me

Black And White

Science

This Town

You Could Start a Cult

Heaven

Must Be Love

Stockholm Syndrome

Paper Houses

Meltdown

Mirrors

Still

Save My Life

Slow Hands

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This Town | Singapore

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Slow Hands + goodbyes | Singapore (via gingerbells)