This week, in a terrible movie set accident, cinematographer Halyna Hutchins died after Alec Baldwin fired a gun in a scene for the independent feature film, Rust. Director Joel Souza was also injured in the incident.
42-year-old Halyna Hutchins was the director of photography, and 48-year-old Joel Souza, was the film’s director.
This is a very sad situation for all involved and the many people who know or are close to Hutchins, Souza and Baldwin.
The situation appears to have been inflamed through the internet squawk box, due to Alec Baldwin’s overtly political stance over the past few years. Falsehoods and conspiracy theories are now doing the rounds, and the purpose of this story is to put out those spot fires before they become folklore.
Expert On-Set Gun Insights
Will Roberts, a Guinness World Record holder for Cowboy six guns, weapons expert and professional actor, helps us to unpack truth and fiction.
Roberts says that on a safe well-run set where there are guns, unionized prop and armor experts stress safety. How safe is a set with guns? “Generally, it’s extremely safe – we are always constantly checking the guns. You can’t just wave a gun around. Nobody can bring their own guns and there’s a really big misconception about people thinking that these guns are gonna go off in your hands.”
What People Say, And Expert Analysis By Will Roberts
What was Alec Baldwin doing with a real gun on set?
“The phrase ‘prop gun’ doesn’t mean that it’s a fake gun for movies. It could be a real gun that has blank ammunition. It was a real gun in this case, but we need to wait for the facts to be released to learn exactly what happened.”
Real guns are often used in this type of movie. There is no reason not to. With the right training and the right safety precautions, they are very safe.
Did he point the gun at someone on purpose?
“My guess is that he was doing the shot he was supposed to do in the scene he was doing. These things are highly scripted for safety and authenticity.”
Maybe he had the gun and it accidentally went off.
These guns and shells are the single-action type. They were the ones used in cowboy movies in the style from the 1800s, and originated from the colt 45 peacemaker.
It is impossible for these guns to “just go off in your hand” accidentally. That’s because of the single action. You have to pull the hammer back and then pull the trigger. There is no way they can just magically go off.
To shoot this gun, you pull back the hammer and then you pull the trigger. That’s the only way the gun fires.
There are 3 main types of rounds that can be in a gun.
This picture shows the difference between a blank and a live round (or a dummy load).
Single action Ruger Vaquero cowboy gun with #1 and #2 rounds (description above). Photo by Will Roberts.
1. The flat top brass round in the photo above is called a blank. It has a primer cap in the back and that ignites the powder charge, but there’s no projectile
2. Number two is a real live round with a primer cap in the back, and lead at the top. The lead is the projectile that’s pushed out
3. The third type is a dummy load that looks like the live round, except that it has no powder, and no primer cap at the back. It has the lead projectile so it can be seen when the camera looks down the barrel back towards the person holding the gun. To have a blank in the chamber would not look authentic.
Blank and dummy load. NewsBlaze Photo by Will Roberts and Alan Gray.
He shouldn’t have aimed at someone.
If the camera shot was to aim in a particular direction, that was the shot he would have been doing.
Alec Baldwin would not have just randomly decided that he was going to shoot it somewhere.
It was Alec Baldwin’s fault.
Alec Baldwin is an actor. He would have been given a firearm for a scene. At this point, all he did was his job as an actor when given a firearm for the scene.
Alec Baldwin shouldn’t have aimed the gun at anyone.
When an actor in a scene aims a gun, it is pre-determined, it is done on purpose. It may be aimed at the camera – that is for the effect the director wanted to show. This is normal. And this is exactly what the actor was supposed to do, in this scene, according to what I’ve read.
Video Clip Explanation
Will Roberts created a short video clip explaining the single-action gun because he was starting to get people throwing out conspiracy theories about – why did Alec Baldwin have a real gun – or – maybe it went off in his hand accidentally. From the news reports available at the time, neither of these were true. Watch the video to understand more and leave comments below if you have questions! And we will try to answer them in the Monday Livestream.
Live Stream on Monday
Will Roberts and NewsBlaze will run a youtube live stream with industry people on Monday 25 October at 2pm Pacific time, 3pm Mountain time, 4pn Central time, 5pm Eastern time.
Gun safety is not only important off-set, but also on-set.
Watch the response:See the original video on Will Roberts’ Instagram: https://www.instagram.com/tv/CVYa4cyj6Gs/
Well Roberts Disclaimer: “These are my opinions based upon my experience and education and knowledge in this industry of 40 years and being a Guinness world record holder with guns of this type.”
‘The Great and Terrible Day of the Lord’ Streaming Dec. 28th
Something Holy This Way Comes …
Horror film ‘The Great and Terrible Day of the Lord’ starring Swayde McCoy and Jordan Grier is being released on all digital streaming platforms December 28th.
Directed by Jared Jay Mason and Clark Runciman, ‘The Great and Terrible Day of the Lord’ follows Gabby and Michael, as they take their first romantic get-away as a couple to a remote, upscale cabin in the mountains. The first night takes a terrifying turn when Michael slips into an alternate persona that claims to be God, speaking through Michael’s body. He delivers the message that Gabby will die before the end of the trip and is destined for Hell – unless she will believe what Michael says is true, repent, and worship him. Is Michael a manipulative psychopath, intent on gas-lighting her? Is he mentally ill? Or could the impossible really be happening-a direct experience with her creator, offering one last lifeline out of an unthinkable eternity?
‘The Great and Terrible Day of the Lord’ has been a film festival favorite at Prison City Film Fest winning ‘Best Actor in a Feature Film,’ and ‘Best Screenplay’ and at Houston Horror Film Fest collecting ‘Best Actor in a Feature Film’ at Hollywood Blvd Film Fest for ‘Best Drama Feature 2021’ and at Cinema World Fest winning ‘Best 1st Time Filmmaker’ and ‘Best Feature.’
Original Article: newsblaze.com
The United States Supreme Court Concealed Carry Postgame
The decision in NYSRPA v. Bruen has now been made.
Unfortunately, the only ones who know what that decision is are the Justices and their clerks. And they aren’t talking.
Until the opinion is published, we can only speculate about what it might say.
The range of possibilities is from nothing, which is to say the case could be dismissed as improvidently granted, to whatever the majority of justices want the opinion to say.
One very real possibility is that the proper cause requirement for a concealed carry permit does not violate the Second Amendment.
In oral argument, Justices Kagan and Sotomayor reminded their fellow justices that the Court’s opinion in District of Columbia v. Heller said that prohibitions on concealed carry do not violate the Second Amendment.
Chief Justice Roberts said the Heller opinion decides this case. If that is true then his vote added to Justices Breyer, Kagan and Sotomayor makes four justices and only one more vote is needed to uphold the New York state proper cause requirement for a concealed carry permit.
One very real possibility is that the Justices don’t extend the Second Amendment outside of the home.
Another possibility is “Constitutional Avoidance.”
For some unknown reason, judges seem to think that they are obligated to avoid constitutional questions if they can.
One aspect of the proper cause requirement for a concealed carry license in New York State is that there are no objective standards when it comes to issuing a license.
The issuing officer has the unbridled discretion in what constitutes proper cause.
There isn’t even a written policy created by some legislative body that establishes guidelines for issuing licenses.
That is reason enough for even the liberal justices to say that the petitioners’ due process rights were violated, and if they can get two other justices to go along with them then the justices can avoid answering the Second Amendment question.
It is unlikely that the Second Amendment question presented to the Court will be avoided but it is a possibility.
Assuming that there are not five justices who would avoid the question then this is the question SCOTUS will be deciding in NYSRPA v. Bruen.
Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.
The following is NOT the question #SCOTUS will be deciding in NYSRPA v. Bruen.
Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.
Oral argument in NYSRPA v. Bruen took place on Wednesday, November 3rd. On Friday, November 5th, the nine justices met in private conference to discuss the case, and vote on its outcome.
The case has been decided and the decision assigned to a justice to write the majority opinion.
But we won’t know what the decision was or what the opinion says until it is published.
If Chief Justice Roberts was in the majority then he will assign the writing of the majority opinion to another of the justices in the majority or he can write the opinion himself.
If Chief Justice Roberts is in the minority then the senior-most judge in the majority will assign the opinion to a justice or write the opinion himself. Justice Breyer is the senior justice on the liberal side of the bench.
It is very rare but a justice can switch sides between the time the decision is made and assigned to the justice who will write the majority opinion and the time the opinion is published.
If it is a 5 to 4 opinion then the decision on who will write the opinion lands in the lap of the senior-most justice in what is now the new majority.
The time for oral argument was allotted as follows: 35 minutes for the NYSRPA petitioners, 20 minutes for the New York State respondents, and 15 minutes for the Acting Solicitor General.
That adds up to one hour and 10 minutes. Oral argument ran long. It ran for one hour and fifty-seven minutes.
NYSRPA v. Bruen was supposed to be a very simple case.
Remember, the justices rewrote the question presented by the petitioners from “Whether the SecondFortun Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense. to “Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”
Most people don’t think there is a difference between the two questions. If there were no difference then the justices would not have rewritten the question presented to the Court for it to decide.
Supreme Court Rules 24 and 14 limit the scope of the opinion to the question presented. The Conservative justices are sticklers for sticking to those rules and have criticized their fellow liberal justices for answering a different question than the one that was presented.
And so whatever else the justices might say in their opinion, it is as certain as one can be that they will answer the limited concealed carry question they rewrote.
The late Justice Scalia once filed a partial concurrence and partial dissent to a case. He said that he concurred with the opinion in order to provide the five-vote majority, but he also dissented in order to criticize the four justices for violating the rules by not limiting the scope of the opinion to the question presented.
I am not aware of any justice on the current court who has ever done that.
In the past, the liberal justices simply ignored the criticism of the conservative justices for answering a question that was not presented, and the conservative justices don’t answer different questions than the one presented to the Court to decide.
We will have to wait to see whether or not the opinion, in this case, is limited to the rewritten question presented to the Court.
Instead of answering the question presented to the Court, the NRA lawyers filed its brief on the merits that argued in support of the question it had originally presented in its cert petition.
Which was a question the justices rejected and substituted with their own.
By the NRA doing this the NRA, for all intents and purposes, handed victory to the State of New York by defaulting on the question, and it raised the possibility that the justices would dismiss the case as improvidently granted.
But then New York did something even more inexplicable than the NRA.
Instead of limiting its brief on the merits to the concealed carry question presented to the Court, the New York lawyers took a very high dive into a very deep rabbit hole by answering a different question from the one presented to the Court.
And to add one more Mad Hatter to the rabbit hole, the Biden Administration filed an Amicus brief and asked to participate in oral argument. Its request was granted.
Oral argument was interesting if for no other reason than it gave us the opportunity to hear what the justices who were not on the bench when the Heller or McDonald opinions were argued and decided had to say about the Second Amendment.
Justice Kagan, who was not a justice when Heller and McDonald were argued and decided, did ask questions in NYSRPA v. New York City but they were mostly procedural questions.
Justice Gorsuch had already indicated that he is a supporter of the Second Amendment.
This is the first Second Amendment case for Kavanaugh and Barrett as justices.
Justice Barrett in her confirmation hearing promoted herself as another Justice Scalia.
But in the NYSRPA v. Bruen oral argument, she asked two worrisome questions that Justice Scalia would never have asked because the answer was obvious to him.
One of Justice Barrett’s questions wasn’t so much a question as a statement that Times Square on New Year’s Eve is a sensitive place and therefore not a place protected by the Second Amendment.
Another of Justice Barrett’s questions was just as worrisome. Justice Barrett asked the New York Solicitor General if the justices were bound by the Heller opinion.
Fortunately, Chief Justice Roberts near the end of the oral argument said there was no need to revisit the Heller opinion.
So Chief Justice Roberts cancels out Justice Barret if she is inclined to overrule the Heller opinion.
And if what Justice Barret said in oral argument truly reflects a weak-kneed support of the Second Amendment then she won’t be writing the majority opinion if there are five justices who are strong supporters of the Second Amendment.
Justice Kavanaugh revealed that he is a textualist, not an originalist. Justice Kavanaugh also revealed that he believes the right to bear arms is a right bestowed by the government.
A right that comes from the government is a right the government can take away.
Justice Scalia was not an originalist, he was a textualist. Justice Scalia wrote the opinion in District of Columbia v. Heller.
Justice Kavanaugh said that a permit can be required, which is both worrisome and telling given that the NYSRPA did not and is not challenging any requirement that one have a permit. The only thing the NYSRPA is challenging is the applications of the New York State “proper cause” requirement for being issued a permit to carry a handgun concealed.
Fortunately, Chief Justice Roberts opposes a permit requirement when an enumerated right is involved.
In District of Columbia v. Heller, the Court invited Alan Gura to challenge the District of Columbia permit requirement but Gura refused. And so the majority opinion in Heller said that it was not going to address the licensing requirement when it could have said that the government cannot condition the Second Amendment right on a government-issued permission slip.
Given that the NYSRPA does not challenge the license requirement in this case, it is likely, but not certain that the opinion, in this case, will likewise say that it does not address the requirement to first have a license.
Before the oral argument took place, I predicted that Justice Kagan, being a clever justice, would point out that the Heller opinion had already held that prohibitions on concealed carry do not violate the Second Amendment. Which she did. I also predicted that Justices Sotomayor and Breyer would also hammer the other justices on that point.
Justice Sotomayor weighed in but all we got from Justice Breyer was a remark that he voted against the Heller opinion, along with a lot of gnashing of teeth and wailing.
Justice Kagan did note that according to the Heller opinion, Open Carry is the Second Amendment right even though she doesn’t like Open Carry and suspects that most people, or at least most New Yorkers don’t like it either.
Justice Thomas’ questions were puzzling. If he hadn’t been a justice strongly in support of the Second Amendment since, and including, the Heller opinion, I would be very worried.
Justice Thomas sounded very tired during the oral argument. I’ll chalk it up to that.
On the whole, the justices were debating a case that was not before them.
The justices were debating a challenge to the New York city licensing scheme, which was not before them.
If the two NYSRPA petitioners win and get their unrestricted concealed carry licenses they still will not be allowed to carry any firearm in Times Square, or in a New York subway, or anywhere in New York City.
Indeed, the NRA lawyer half-jokingly said that he can wave subways as a place where his clients seek to carry a handgun presumably because there is no subway in the state outside of New York City.
Unsurprisingly, the NRA lawyer, Paul Clement, once again argued that Open Carry can be banned in favor of concealed carry.
Justice Kagan asked him to explain why?
The reason the NRA lawyer gave was that modern views have changed.
And because modern views have changed then states can ban what has always been the right protected by the Second Amendment — Open Carry — in favor of something which has never been a right protected by the Second Amendment — concealed carry.
Millions of gun-owning morons applaud that but because they are morons they have not considered the ramifications of subjecting fundamental, individual rights to popular opinion.
If popular opinion is what decides what the Second Amendment means then New York, and California, and every other state and the Federal government is free to ban the possession of handguns as well as the possession, use, and carrying of all firearms.
And ban the mere possession of all arms for that matter.
Given that New York State does not ban the Open Carry of most rifles and shotguns, and nobody is challenging or defending New York City’s ban on all Open Carry, or even challenging the license requirement that handguns be carried concealed, there is no live case or controversy involving Open Carry, and without a live case or controversy, the justices do not have jurisdiction to decide the constitutionality of a law not challenged.
But that doesn’t mean that they can’t otherwise give their reasoning in support of their position and to the extent that their position casts any doubt on the Second Amendment right to Open Carry defined in the Heller opinion, the lower Federal and state court judges will use it as an excuse to eviscerate the Second Amendment right.
I don’t know what the majority of justices will say in the opinion but one thing seems pretty clear, at least seven of the justices recognize that there is a right to bear arms in public for the purpose of self-defense and if they say so in their opinion in this case then I win my California Open Carry lawsuit.
If the justices say that Open Carry can be banned in favor of concealed carry, that would not necessary doom my California Open Carry lawsuit because it is an undisputed fact in my lawsuit that concealed carry substantially burdens my ability to defend myself even if I lived in a jurisdiction that issued concealed carry licenses and even if I had a concealed carry permit.
Given that self-defense is the core of the Second Amendment right and given that the State of California does not dispute that concealed carry licenses substantially burdens my core right of self-defense, and given that the State of California by its own admission did not submit any defense of California’s Open Carry bans then procedurally. I don’t see how the state wins without the three-judge panel assigned to my lawsuit making something up.
But I don’t think that will happen. It will take the vote of five justices in order to overrule the holding of the Heller and McDonald opinions that Open Carry is the right guaranteed by the Constitution and to overrule the holding of the Heller and McDonald opinions that prohibitions on concealed carry are constitutional.
Ironically, Justice Breyer is not going to write or join in an opinion that says Open Carry can be banned in favor of concealed carry. And without Justice Breyer’s vote, I don’t count five justices who would vote to overrule the Heller and McDonald opinions.
But I could be wrong. I did not count five votes in favor of Dick Heller winning his case or five votes in favor of applying the Second Amendment to the States. Justice Scalia was the surprise vote, and the fifth vote needed to those narrow 5 to 4 victories for the Second Amendment.
My California Open Carry lawsuit was filed on November 30th, 2011.
As of today, my lawsuit is still pending before the 9th circuit court of appeals and is on hold pending the Supreme Court decision on whether or not to grant the cert petition in Young v. Hawaii, which in turn appears to be on hold pending the publication of the opinion in NYSRPA v. Bruen.
You should know, but just in case you don’t, my lawsuit (Charles Nichols v. Gavin Newsom et al) has priority over the NRA/CRPA concealed carry lawsuit (Flanagan v. Bonta).
There will be a decision in my case before there is a decision in Flanagan v. Bonta.
If I win then the NRA/CRPA loses its concealed carry case even if the Supreme Court in NYSRPA v. Bruen publishes an opinion in favor of NYSRPA.
All I need to win my lawsuit is for SCOTUS to say that the right to keep and bear arms extends outside the doors to my home.
Contrary to what you might have heard, my lawsuit is not stayed, but it is being held pending the SCOTUS decision on whether or not to grant the Young v. Hawaii cert petition.
There is a three-judge panel assigned to my case, and I have already fully briefed and argued my case before the three-judge panel.
Flanagan v. Bonta does not even have a three-judge panel assigned to the case and won’t until approximately 14 weeks before oral argument is calendared to take place.
If the Young v. Hawaii cert petition is granted and argued on the merits then it is pretty much guaranteed that my lawsuit will be put on hold until SCOTUS issues its decision in that case which in turn means that the NRA/CRPA concealed carry lawsuit will likewise have to wait for both the decision in Young v. Hawaii and for the three-judge panel opinion in my California Open Carry lawsuit, Charles Nichols v. Gavin Newsom et al.
For there to be oral argument in Young v. Hawaii this term, which ends in June of 2022, its cert petition will have to be granted by early January if SCOTUS follows the normal briefing schedule.
But as we have recently seen, SCOTUS is free to expedite briefing and oral argument.
That said, the most likely outcome is that SCOTUS will either simply reverse the opinion of the 9th circuit court of appeals and remand the Young v. Hawaii case, or SCOTUS will deny the cert petition.
Regardless of what happens next with the Young v. Hawaii case, the ball lands in my court next.
That’s all for this video. Please subscribe to this video channel and please subscribe to my newsletter at CaliforniaOpenCarry.com
Charles NicholsRead More
Original Source: newsblaze.com
Riley J. Ewing Talks “Unplugged”
Newsblaze caught up with writer-director Riley J. Ewing to chat about filmmaking and his latest project “Unplugged” releasing November 12th.
Congratulations on the upcoming release of your latest film, Unplugged. You have had a great run on the film festival circuit. Can you tell us about the backstory and what inspired the idea for the film?
Unplugged is a sci-fi allegory for the way we are all becoming entwined with our devices. I was riding the train home after a long and hard day in the city, and I remember looking out into the train car and all I saw was the top of people’s heads as they were slumped over into their phones. It was sad to me. When I write, I always try to leave a glimmer of hope of improving things. I sat down and the script for Unplugged poured out of me in a single afternoon.
Congrats on all the film festival laurels! What was your directorial approach to Unplugged?
Visually, I wanted the film to have a very muted palette. Our Art Designer, Denise Pascal, was wonderful at leaning into the grey, whites and beiges of this sterile world we were attempting to build. I knew visual effects would play a large part in the film from early on, and Nishant Jain was wonderful at bringing my concept of hearts flying through the sky to life. Since I knew the script so well, and was also acting in it, many days moved fast since I knew exactly how I wanted the scenes to play. I also deeply trusted the crew I surrounded myself with to do their jobs to the best of their ability. I’m very proud of what we accomplished.
Filmmaking is never smooth sailing. Were there any challenges on set for you?
It was an enjoyable time on set. Since I was lucky to work with so many of my friends, our time between setups was filled with smiles and laughter. The hardest part about making a low-budget short film on the New York City train system was the logistics of keeping a camera steady on a moving train. What you don’t see on all of the scenes aboard the train is the small team of people holding up Jacob Mallin (DP) so that he can keep the camera steady.
As an indie filmmaker, what are some of the highs and lows for you when making a movie?
The adrenaline rush of making a movie is honestly euphoric for me. You spend so much time in the early stages imagining what it could look like and planning as much as you can. To watch it all come together (even the parts that weren’t intended) is an incredibly surreal experience.
The lows of this project were the fact that all of its success came during a pandemic. This was the first time I have had a film play internationally. Due to the pandemic, I couldn’t attend any of these wonderful events. The film has (as of now) screened at 9 festivals on 3 continents. While I have loved watching the film find an audience, it’s been sad to not be there for these festivals.
What filmmakers inspire you?
I love the work of so many filmmakers. I’m a lover a movies! I’m particularly inspired by the world building of directing giants like Christopher Nolan, Wes Anderson, Spielberg, and Kubrick. In the indie world, I love the works of Sean Baker, Greta Gerwig, Sofia Coppola, and Damien Chazelle.
Do you have a specific preference of the genre or types of projects you both want to spearhead?
I have no interest in being cornered into one style or genre as a writer, director, or actor. At the end of the day, I love stories. Good stories are not defined by a particular genre, and neither is my work. I can tell you I am excited by the idea of all the different ways and mediums to tell stories. Right now, I am cooking up a few different ideas. I have begun pre-production on my first animated short in collaboration with Comic Artist Jill Burke of VV Comics. I’m also working on developing a Sci-Fi pilot with my longtime collaborators, Heerak Shah, Priyanka Shah, and Bollywood star, Omi Vaidya (Three Idiots, The Office, Arrested Development), currently titled, American Aliens.
What’s next for you?
In addition to the animated short and tv pilot I’ve been working on I have begun writing my first feature film script. I’m not quite ready to share details on it yet, but I’m very excited about how it is shaping up. During the pandemic, I worked with a small group of actors, writers and directors and created a series of three very different micro-short films which will be released online within the next year
How can people find out more about you and the release of Unplugged on November 12th?
Source Here: newsblaze.com
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