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(Yahoo)   That AR-15 loving federal judge in California apparently has some other less savory opinions. This is my shocked face   (news.yahoo.com) divider line
    More: Facepalm, Assault rifle, AR-15, Rifle, Federal Assault Weapons Ban, United States district court, Second Amendment to the United States Constitution, Supreme Court of the United States, deadliest mass shootings  
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3300 clicks; posted to Politics » on 09 Jun 2021 at 6:22 PM (12 days ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2021-06-09 12:10:27 PM  
Sounds like the kind of judge the GOP has been rushing into vacancies. He issues the "correct" ruling so who cares about ignorance, inability, or insanity?
 
2021-06-09 4:47:08 PM  
Half these "judges" are drunken idiots, morons, and probable paedos, at least all the Republican ones are. There is nothing special about these people as a group.
 
2021-06-09 5:37:15 PM  
I'm amazed he was even allowed to go to law school, let alone become a judge.
 
2021-06-09 6:25:59 PM  
Fark user imageView Full Size

DNRTFA, I assume the picture fits.
 
2021-06-09 6:28:06 PM  
Pretty strong odds the 9th will overturn it and, subsequently, the Supreme Court will then overturn the overturning.
 
2021-06-09 6:28:10 PM  
"More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?
 
2021-06-09 6:30:05 PM  

themindiswatching: I'm amazed he was even allowed to go to law school, let alone become a judge.


allowed? there are a shiatload of diploma mills if you have the green to go
 
2021-06-09 6:31:28 PM  
The Swiss Army Knife "comparison" was all kind of facepalm.
 
2021-06-09 6:32:02 PM  
I don't have any issue with his "swiss army knife" comparison. Meh. The versatility of the AR platform is a huge part of its appeal, and the same goes for the knife. It's not THAT weird of a comparison, despite one being a weapon and the other not. 

But any judicial opinion that cites a provable falsehood like the covid vaccine conspiracy theory crap, that can be conclusively proven wrong with math, should just automatically invalidate the entire thing.
 
2021-06-09 6:33:27 PM  

palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?


Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.
 
2021-06-09 6:37:14 PM  
"This should be a lesson to us all. It really matters who's on the federal bench," (Jessica Levinson) said.

The Republicans have heard that lesson loud and clear.
 
2021-06-09 6:39:05 PM  
Benitez was nominated to a seat on the U.S. District Court for the Southern District of California in 2004 by President George W. Bush. His nomination was overwhelmingly opposed by a committee of the American Bar Association, which said other judges and lawyers interviewed about him described him as being arrogant, short-tempered and "altogether lacking in people skills."

A committee member told senators that Benitez's response was "to consistently deny the accuracy of what I had been told," adding, "He was unable to explain why so many people would make incorrect, negative comments about him."


The Senate confirmed his nomination 98-1.

Not really sure I have words for this one.
 
2021-06-09 6:41:33 PM  

whidbey: palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?

Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.


Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.
 
2021-06-09 6:44:27 PM  

whidbey: The Swiss Army Knife "comparison" was all kind of facepalm.


I just opened a can of cream corn and trimmed my nails with mine.
 
2021-06-09 6:45:22 PM  

DaveTheGreat: But any judicial opinion that cites a provable falsehood like the covid vaccine conspiracy theory crap, that can be conclusively proven wrong with math, should just automatically invalidate the entire thing.


I'm not sure it is wrong. Vaccines are overwhelmingly effective and safe, but nothing is 100% safe. So given the insanely tiny odds of getting killed in a mass shooting, and the 10's of millions of vaccines that California has administered, it is possible.
 
2021-06-09 6:46:59 PM  
Fark user imageView Full Size
This judge seems to lack the understanding that opening up access to these kinds of weapons is giving crazy people some extreme firing power! The lack of common sense and lack respect for the deadly nature of these guns is shocking! These are weapons that are used to exterminate villages in the third world, and easily modified to be even more deadly. The AR-15/AK-47, etc... aren't hunting rifles, they are designed for mass killing in war. They are fun to fire, but what's happening now is lowering the bar to the point that $1000 can arm one psycho to the point of killing 100 people. Even the Joker would be hard pressed to kill 100 people with swiss army knives, and even he couldn't do it in the 20 minutes it would take for Joe Mental to take out the DMV, post office, or high school.

We are seeing 10+ mass shootings per week now. Assault rifles aren't something you should be able to readily buy at a flea market gun show with no paperwork because cash.
 
2021-06-09 6:47:01 PM  
This is actually consistent with Supreme Court rulings, like it or not.  They said that one could not ban weapons that were in common civilian use.  AR-15 class weapons are certainly in common civilian use.  Note that they have passed up the opportunities to ban them in the past, although I think the lower court rulings then were in the negative (IE, the lower courts refused to ban such), as opposed to the other way around.
 
2021-06-09 6:47:29 PM  
palelizard:
Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.

Well ... kinda? 38,000 people die in car crashes every year (yes, cars are heavily regulated for this exact reason but still - not banned), and around 300 are killed by AR15s (364 murders committed with rifles in 2019, some portion of them are non-AR rifles, so ... rough guess?). Rifles in general, and the AR in specific, are a very tiny fraction of our very large gun problem.
 
2021-06-09 6:50:06 PM  

DaveTheGreat: palelizard:
Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.

Well ... kinda? 38,000 people die in car crashes every year (yes, cars are heavily regulated for this exact reason but still - not banned), and around 300 are killed by AR15s (364 murders committed with rifles in 2019, some portion of them are non-AR rifles, so ... rough guess?). Rifles in general, and the AR in specific, are a very tiny fraction of our very large gun problem.


But it's unconstitutional to ban hand guns, which make up the vast, vast majority of gun deaths, so a lot of gun control proposals are like the guy who lost his keys down the street but is looking under the street light because the light is better there.
 
2021-06-09 6:50:25 PM  

Geotpf: This is actually consistent with Supreme Court rulings, like it or not.


I have no doubt that Heller is dumb as hell and Clarence Thomas saying an AR-15 is more like a car than a grenade in Staples is downright silly, but comparing an AR-15 to a swiss army knife and saying it's "great for home and battle" is some next level dipshiattery
 
2021-06-09 6:52:55 PM  

palelizard: whidbey: palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?

Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.

Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.


Probably because you can't use a vending machine to commit mass murder.
 
2021-06-09 6:54:11 PM  
Lol -- that's amusing.

We all saw this yesterday and chuckled sensibly about how Mrs Mo ran out after the server and tried to take note of the license plate #  -- like an idiot.
 
2021-06-09 6:54:42 PM  
Magnanimous_J:

I'm not sure it is wrong. Vaccines are overwhelmingly effective and safe, but nothing is 100% safe. So given the insanely tiny odds of getting killed in a mass shooting, and the 10's of millions of vaccines that California has administered, it is possible.

Your logic is sound, and the math might actually work if we use global numbers for both metrics (all people on the planet killed by assault rifles vs all people who died of vaccine complications), but national numbers run into a couple specific problems - 

1) People have been killed by rifles every year in the USA, while the covid vaccine has only existed in 2020 and 2021, so the aggregate number is always going to be higher for one. 

2) CDC numbers basically report a single-digit level of fatalities for the various vaccines, and yearly the rifle death rate is a triple-digit number. 

2)a - the numbers would be a LOT worse for the vaccine if there was not a mandatory 15-30 minute waiting period after, because of some anaphylaxis. Anaphylaxis is super easy to deal with if you are sitting right there and under medical supervision and they are stocked up on epi, but if folks were allowed to just leave and get in a car and drive away seconds after administration - yeah, a small percentage of a very large number of people would die. But they don't, because the system is set up for that.
 
2021-06-09 6:55:10 PM  

mrparks: whidbey: The Swiss Army Knife "comparison" was all kind of facepalm.

I just opened a can of cream corn and trimmed my nails with mine.


I open a can of beer with mine.

homerize.comView Full Size
 
2021-06-09 6:55:51 PM  

DaveTheGreat: Well ... kinda? 38,000 people die in car crashes every year


oh look here's clarence thomas's dumb ass comparison right here for me.

a car is USEFUL. a car's intended use is travel, not to destroy anything. when people die in car crashes, we call them "accidents."

a gun is designed to destroy things. it is created to kill. when someone dies from a gun, it's because somebody picked it up, pointed it at something, and pulled the trigger.

it's not even, say, a knife, which can be used for.. cutting food, opening christmas presents, and oh, sometimes stabbing. a gun's only purpose is to damage things.
 
2021-06-09 6:56:17 PM  

RasIanI: Lol -- that's amusing.

We all saw this yesterday and chuckled sensibly about how Mrs Mo ran out after the server and tried to take note of the license plate #  -- like an idiot.


next thread down⬇

/on mobile
 
2021-06-09 6:58:03 PM  

palelizard: Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines.


you can make the choice to not use a vending machine

if someone wants to shoot you, you may not have a choice
 
2021-06-09 6:59:53 PM  

AtomPeepers: This judge seems to lack the understanding that opening up access to these kinds of weapons is giving crazy people some extreme firing power!


You could still get AR-15s in California before this, they just had to have this goofy looking stock thing (which could be easily replaced with a standard stock) and have 10 round magazines (which again, could easily be replaced with standard ones).

Most gun supply sites wouldn't ship restricted items to California, but you could switch your CA compliant rifle into a regular one with parts you could get from any BassPro in any of the states that border CA.
 
2021-06-09 7:00:03 PM  

moothemagiccow: DaveTheGreat: Well ... kinda? 38,000 people die in car crashes every year

oh look here's clarence thomas's dumb ass comparison right here for me.

a car is USEFUL. a car's intended use is travel, not to destroy anything. when people die in car crashes, we call them "accidents."

a gun is designed to destroy things. it is created to kill. when someone dies from a gun, it's because somebody picked it up, pointed it at something, and pulled the trigger.

it's not even, say, a knife, which can be used for.. cutting food, opening christmas presents, and oh, sometimes stabbing. a gun's only purpose is to damage things.


Firearms are useful as well, genius.
 
2021-06-09 7:03:33 PM  

whidbey: palelizard: whidbey: palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?

Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.

Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.

Probably because you can't use a vending machine to commit mass murder.


i.kym-cdn.comView Full Size
 
2021-06-09 7:04:01 PM  

The_Sponge: Firearms are useful as well, genius.


for ..... killing. great. yeah. love it. really working out for us as a nation.
 
2021-06-09 7:05:25 PM  

whidbey: palelizard: whidbey: palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?

Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.

Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.

Probably because you can't use a vending machine to commit mass murder.


You've obviously never played vending machine - spoony.
 
2021-06-09 7:05:45 PM  
This guy is the textbook definition of an activist judge

I bet his picture is also in the dictionary under the definition of Activist Judge
 
2021-06-09 7:06:53 PM  

DaveTheGreat: Rifles in general, and the AR in specific, are a very tiny fraction of our very large gun problem.


That just means the ban needs to have a wider umbrella, not be overturned.
 
2021-06-09 7:08:25 PM  
Fark user imageView Full Size
 
2021-06-09 7:08:27 PM  

palelizard: whidbey: palelizard: whidbey: palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?

Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.

Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.

Probably because you can't use a vending machine to commit mass murder.

[i.kym-cdn.com image 400x300]


Sorry your comparison got shot down.

Well not really.
 
2021-06-09 7:12:30 PM  

Number 216: This guy is the textbook definition of an activist judge

I bet his picture is also in the dictionary under the definition of Activist Judge


it should be drilled into everyone's heads by now, only left leaning judges are activists.
 
2021-06-09 7:14:26 PM  

Magnanimous_J: DaveTheGreat: But any judicial opinion that cites a provable falsehood like the covid vaccine conspiracy theory crap, that can be conclusively proven wrong with math, should just automatically invalidate the entire thing.

I'm not sure it is wrong. Vaccines are overwhelmingly effective and safe, but nothing is 100% safe. So given the insanely tiny odds of getting killed in a mass shooting, and the 10's of millions of vaccines that California has administered, it is possible.


"Within the realm of possibility" and "established fact" are two distinct categories that one would expect a judge to understand. Let alone distinguish when making a ruling that impacts millions of people.
 
2021-06-09 7:17:33 PM  

whidbey: palelizard: whidbey: palelizard: whidbey: palelizard: "More people have died from the Covid-19 vaccine than mass shootings in California."

That's a big ol' [Citation Needed]. From COVID? Sure. From the vaccine? See what happens when you legalize weed, California?

Even if it were true, it sends the message that this is a numbers game, that it's acceptable that a few dumb bastards get caught in the crossfire.

Fair point, though outlawing stuff really is a numbers game anyhow. Multiple people get killed by having vending machines fall over on them every year, but no one's outlawing vending machines. If he were truthful and the number of people killed by assault rifles per year was less than the number killed by vending machines, I could see outlawing assault rifles as an unnecessary measure (with the idea unnecessary laws are bad). It's not, of course, but the judge knows that.

Probably because you can't use a vending machine to commit mass murder.

[i.kym-cdn.com image 400x300]

Sorry your comparison got shot down.

Well not really.


Oh no. One day, not tomorrow, probably not this year, but one day, you'll see a headline and you'll know my name is palelizard when I lay my vending machine upon thee.
 
2021-06-09 7:21:09 PM  
The right to bear arms has racist roots and guaranteed you a musket.
 
2021-06-09 7:23:53 PM  
cbsnews2.cbsistatic.comView Full Size
 
2021-06-09 7:27:40 PM  
I never thought I'd live to see the day when a firearms enthusiast had some ridiculous opinions.
 
2021-06-09 7:30:11 PM  

RasIanI: Lol -- that's amusing.

We all saw this yesterday and chuckled sensibly about how Mrs Mo ran out after the server and tried to take note of the license plate #  -- like an idiot.


Oops- wrong thread
 
2021-06-09 7:30:38 PM  

DaveTheGreat: I don't have any issue with his "swiss army knife" comparison. Meh. The versatility of the AR platform is a huge part of its appeal, and the same goes for the knife. It's not THAT weird of a comparison, despite one being a weapon and the other not.


No, it is a bad analogy. A swiss knife can do many different things. An AR can only kill. It is a stupid comparison and has no validity.
 
2021-06-09 7:42:11 PM  
In his decision, Benitez also makes a point about firearm injuries by citing an emergency room physician's testimony. He wrote that "injuries from firearms like the AR-15 which are banned as 'assault weapons' are no different from other firearms that are common and lawful to own."
The experiences of trauma surgeons who have treated victims of mass shootings involving military-style rifles have been documented in recent years, particularly after the shooting at a high school inParkland, Florida,in 2018 that left 17 people dead.
Dr. Heather Sher, a radiologist in Broward County who treated victims of the Parkland shooting and other incidents, wrote in The Atlantic about the differences in wounds from AR-15s and handguns.
"Handgun injuries to the liver are generally survivable unless the bullet hits the main blood supply to the liver," Sher wrote. "An AR-15 bullet wound to the middle of the liver would cause so much bleeding that the patient would likely never make it to the trauma center to receive our care."


The point that's being missed by the Author here, seemingly intentionally, is that Benitez is comparing an AR15's ballistic damage potential to "other firearms that are common and lawful to own". This is a factual statement. A 5.56 round out of an AR15 isn't any more deadly that one out of a Mini14 that can be fired at the same rate of firr with the same range and accuracy and potential magazine capacities, and is not only not banned but explicitly exempted from the ban by name in CA.

The author then goes on to compare the kinetic destruction of a 5.56 out of an AR15 to common handguns. That is a radically different argument, and of course if someone uses a rifle, its going to do more damage than a handgun. That's an obvious conclusion, one that appears to be an intentional misdirection or misundersranding. The issue is that, as above, rifles of equivalent killing power to the AR15 are available and exempted from the ban, so the ban doesn't appear to be protecting anyone from anything on that front.
 
2021-06-09 7:44:18 PM  
Some judges are elected, was this judge elected or appointed? I don't give a shiat either way, he shouldn't be a judge.
 
2021-06-09 7:45:20 PM  

DaveTheGreat: I don't have any issue with his "swiss army knife" comparison. Meh. The versatility of the AR platform is a huge part of its appeal, and the same goes for the knife. It's not THAT weird of a comparison, despite one being a weapon and the other not...


eh?   All an AR does is shoot bullets, maybe if you fit a bottle opener to it you'll have 2 uses.
 
2021-06-09 7:46:03 PM  

moothemagiccow: The_Sponge: Firearms are useful as well, genius.

for ..... killing. great. yeah. love it. really working out for us as a nation.


Don't like firearms?

Then don't buy one.
 
2021-06-09 7:50:56 PM  
Prediction - 9th circuit will toss it.
 
2021-06-09 7:54:58 PM  

ReaverZ: DaveTheGreat: I don't have any issue with his "swiss army knife" comparison. Meh. The versatility of the AR platform is a huge part of its appeal, and the same goes for the knife. It's not THAT weird of a comparison, despite one being a weapon and the other not.

No, it is a bad analogy. A swiss knife can do many different things. An AR can only kill. It is a stupid comparison and has no validity.


An AR15 sends a small piece of metal downrange very quickly, in just about whatever form one wants in whatever package and styling one wants.

5.56 full auto assault rifle, .22lr manual action, .458 SOCOM semiauto, etc ad nauseum. You can build the basic platform into almost anything. Thats whats wonderful and terrible about it.

It's basically a modular aluminum chassis, kinda like a PC case, for just about anything you'd want to accelerate a small piece of metal to a very high velocity for. That can be putting holes in paper, ringing steel, or something decidedely less savory, but it really needs to be understood more as a chassis than some sort of manufactured specific model, and that misunderstanding is why a lot of existing legislation hasn't seemed to do much to affect availability. You can still buy these things even under the ban in CA, they just need goofy grips or something installed.
 
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