We get our sunny days now and then. Yesterday the low valley layer rolled up to the base and hung-offshore so to speak, and driving down into it was like descending in an airplane down through the cloud layer, but you didn’t come out clear at the bottom. Yesterday was shirt-sleeves and sun up top, this morning we watched it roll up from below, swallowing the country-club and golf course, and engulfing us in a chilly damp blanket – it’s really still Winter outside whenever it wants to be.
Update from Rick.
Our Overlords and Masters decline to agree with Liberty and the Constitution. Motion for 60 Day Stay in Mance v Holder It seems the Government is determined to fight against protecting our Civil Rights under the Constitution.
What is it about, “Justice delayed is Justice denied?” The wheels of Gov. and Bureaucracy grind slowly and inexorably when it suits them, but swiftly when the takings are ripe.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION
FREDRIC RUSSELL MANCE, JR. et al.,
ERIC HOLDER, ATTORNEY GENERAL OF THE UNITED STATES, and B. TODD JONES, DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES
Civil Action No. 4:14-CV-00539-O
DEFENDANTS’ MOTION FOR SIXTY-DAY STAY AND BRIEF IN SUPPORT
Defendants respectfully move for a stay of the Court’s Memorandum Opinion and Order dated February 11, 2015 [ECF No. 40] for 60 days, in order to allow adequate time for the government to determine whether to appeal the Court’s decision and, if so, whether to seek a stay pending appeal. The determination whether to appeal is entrusted by regulation to the Solicitor General of the United States.
See 28 C.F.R. § 0.20(b). The 60 days requested represents a modest amount of time for the Solicitor General to determine whether to appeal, after consultation with the affected governmental components.
See also 28 U.S.C. § 2107(b) (allowing 60 days for filing a notice of appeal when the federal government is a party). No undue prejudice will result to Plaintiffs from the short stay requested, as evidenced by the fact that Plaintiffs have not sought preliminary injunctive relief in this case. For the foregoing reasons, Defendants respectfully urge the Court to enter an order that stays the provisions of its Memorandum Opinion and Order dated February 11, 2015 for 60 days, until April 14, 2015. A proposed order is being submitted electronically in Word Perfect-compatible format to the Court’s “Orders” email address.
Dated: February 13, 2015
JOYCE R. BRANDA Acting Assistant Attorney General
JOHN R. PARKER Acting United States Attorney /s/ Daniel Riess DIANE KELLEHER Assistant Branch Director
LESLEY FARBY DANIEL RIESS Trial Attorneys
U.S. Department of Justice Civil Division,
Rm. 6122 20 Massachusetts Avenue,
NW Washington, D.C. 20530
Telephone: (202) 353-3098
Fax: (202) 616-8470
Attorneys for Defendants
My 80-something active Mom who never smoked once in her life now needs an oxygen supplement since a bit of invasive avian lung-crud has reduced her blood-oxygen levels, and my 90’something Dad who was once a very able-bodied Midshipman and Annapolis crew-team rower can’t hardly lift a 8-foot 2×4.
They were both into healthy lifestyles and eating right (as Missionaries it boils down to the Scriptural-advice of 1 Corinthians 6:19, “Your body is a temple, don’t put anything bad into it.” ) before it was a fad – but Dad also always eschewed the Jack La Lane life of “Physical Culture” – of the Venice Beach bodybuilder types who did handstands and chin-ups and weightlifting for show, and my own youthful strength training as such was was in swimming and water-polo and bicycling – cyclic, endurance based activities rather than ground-pounding or lifting things.
For one thing, I started early and took Swimming and Polo on purpose, so that I never had to spend another Jr. High moment among the acrid stench of sweat-socks and nasty towels and weird PE teachers ever again. Water with a bit of chlorine was clarifying, clean, and refreshing – even if practice started at 6:00am on cold days rain or shine – and rain was just water in the air. The strength that built lasted a long time, and helped me while tramping around odd places on this wet rock, but time has a way of eroding things and replacing them with gauzy memories.
Now in our second half-century, with my a bunch of trauma-induced University desk-weight lost by She Who Endears Us, we are kicking-away at the side of the pool so to speak, and kicking away from the Groaning Table of fatted-calf sloth and the wretched zombie-life of Cubicleland. It’s reported that Strength itself is a desireable goal, and now is the time to restore our capability – so we’re hefting hand-weights and doing crunches and reading Rippetoe’s Starting Strength, and watching the DVD — and now looking for a bar.
Rippetoe says, “For home gym purposes, a 28.5mm or 29mm bar will be the most durable and provide the best service over time.” As a Pro-Level Capitalist Consumer the advice is blandly generic however, and being totally unfamiliar with the inside of a sweaty-stinky gym I have nowhere to begin and there is no familiar landscape of brand-names to guide me. Do you get the Super-Sumo Yakuza II Japanese bar, or the EinfachGewicht Überheber-3000 machined on an X-Y-Z-axis device from pure Edelstahl on the Continent? I dunno.
The only advice I recognize is, “…expect to pay around $300 for a good bar.” But as a Pro-Level Capitalist Consumer I really hate shopping from the right side of the Menu, you might end up with something inedible. Oh well…and where am I gonna put this stuff, in the garage? What about the motorcycles?
UPDATE: Found it under Resources > Equipment: “We recommend the 20kg Burgener & Rippetoe bar. Here’s the Guys and here’s the Gals versions.
At the bottom of the stairs is a 5′ wide by 4′ deep flat spot going out to the edge of the precipice-property line. We begun removing the rocks and the dead stump and assorted decomposing vegetal matter and crap, careful not to damage the drip-line and PVC. There were an assortment of dead stumps I think, layers of decomposition – and roots and other matter. On the top was a tuft of lavender, thin roots twined between rocks gathering moisture. In order to provide screening for the neighbors it seems we are destined to repeat this attempt at planting with a red oleander – the
hole chasm is about knee ankle-deep at the moment and I’m still unearthing fragments of root and previous plant-life. Tomorrow we will plant the oleander and water, and run fresh drip-line hoses and emitters.
UPDATE: The PVC dripper came off in my hands as I dug away at the dirt beneath. Time for glue. Three other pipes besides #5 run up the hillside, for Stations #6, #7, and #8 – and I left them alone. The hole got bigger as I dug away the semi-decomposed root structure, and when I ran the water to clear out the lline the hole filled rapidly – and held… So… we dumped two buckets of earth back in and placed the oleander off to one side for better screening. The ground around is mushy and spongy to walk-on – like quicksand as the water doesn’t absorb into the clay soil very quickly.
Anyhow done for now.
Temps in the mid 70’s, clear skies, perfect weather for goin’ shootin’ and no rain in sight until March 1st… Good thing this is a short month because we’re still down on water. The redbuds are starting to blossom purple leaves, and I’m in the yard watering the big pine from the big rain-barrel and re-drawing the drip-line plot. Yesterday I fixed a leaky hose on station #4 that was spraying water all down the hillside from a series of pinholes, today I replaced the rain-barrel diverter that I had removed during the deluge. The birds are frolicking and the shiny little airplanes motor over and drop-down behind us.
UPDATE: Yesterday also replaced two electrical sockets that were having “issues.” One was a GFI outlet in the bar that seemed to “click-off” at any minor interruption (and was old), and another in the garage that had a bad connection to the hot lead. Both now working fine.
Searching around and finally found it with a flash-light. This is an older frame (just past Mid 90’s- 1996-’97 date), but not an XR3-Red frame. Whatever.
There’s no “RED” written anywhere, but it seems to be the XR-3 “red” frame, which is not red in color at all but short for REDesigned (?) wtf, and the same as the Super Blackhawk, or not, or something. Sheesh. All this because I was thinking of getting some replacement grips. People are funny, the diagram for the grip-frame differences is drawn in black for the XR3-RED, and in red for the Super Blackhawk… :-)
Go Rick Go! “We” score a Victory – and Alan too!
Civil Rights Update Opinion in PDF via InstaPundit
From the CONCLUSION:
Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and 27 C.F.R. § 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. The Court will issue its final judgment separately.
SO ORDERED on this 11th day of February, 2015.
[Emphasis in the original]
Civil Right Victory in Federal Court – Shall Not Be Questioned
Win in Court!, Breaking News- Maddened Fowl
Ban on FFL handguns sales to nonresidents struck down! – Of Arms & the Law