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Posts Tagged Bill of Rights
Ninth Circuit Says Anti-Marketing Law Violates First Amendment
From Bearing Arms:
A California law ostensibly aimed at restricting the marketing of firearms to minors infringes on the free speech rights of adults, according to a three-judge panel on the Ninth Circuit Court of Appeals. In its ruling handed down on Thursday morning, the panel vacated a lower court decision denying an injunction against the law’s enforcement and delivered a resounding win for both First and Second Amendment advocates.
Judge Scolds ATF For FFL Revocation
From Ammoland:
In his order, Judge Cogburn had no choice but to rule in favor of the ATF, stating: “Here, the Court finds that no genuine issue of material fact exists as to whether Petitioner violated the GCA. Thus, under Section 923(f)(3), the ATF was authorized to revoke Petitioner’s license.”
“Finally, the Court notes that Mr. Wilson, who sold firearms as a side business, sold the guns to his own stepdaughter. Nothing in the record indicates that Mr. Wilson’s conduct of selling two guns on one occasion to his own stepdaughter affected public safety or hampered the ATF’s ability to reduce violent crime, which is of course one of the purposes of the GCA. Of course, the ATF has been delegated the authority to revoke the license of a licensee who has willfully violated any provision of the GCA, even if the revocation seems a heavy-handed punishment in response to the violation at issue. Still, this sort of heavy-handed exercise of revocations, as opposed to warnings or suspensions, foments antipathy for government agencies,” Judge Cogburn wrote.
Colorado Law That Bans Gun Sales To Adults 18-20 Blocked
From Guns.com:
The 44-page temporary restraining order halts the effective date of Senate Bill 23-169. The bill was passed earlier this year by the Democrat-controlled Colorado General Assembly and signed into law by Gov. Jared Polis, a Dem who was elected last year with the assistance of a $2.7 million campaign push by the Everytown anti-gun group.
The law increases the threshold age to legally purchase a firearm in the Centennial State from 18 to 21, with narrow exceptions for those who are active-duty military or certified law enforcement. The lawsuit, brought by two adults aged 18-20 allied with the pro-2A Rocky Mountain Gun Owners group, challenged the constitutionality of the measure, arguing it infringed on the right to keep and bear arms.
Article Claims Founders Wouldn’t Have Rebelled Against The Government They Created
From Ammoland:
That newly created narrative included the supposed purpose of arming citizens in order to enable them to rebel against the very constitutional government which the Founders were establishing with its checks and balances. This despite the Founders having defined treason as taking up arms against that very government.
But this glaring contradiction persisted and found a home within the halls of the Supreme Court, whose collective wisdom may have suffered from the influx of unreported gifts by billionaires to a number of justices weighing in on the question.
Redcoats In Congress Want Gun Ban
From The Hill:
The bill, sponsored by Rep. David Cicilline (D-R.I.), would prohibit the sale, transfer, import and manufacture of hundreds of models of semi-automatic weapons that boast certain specific features, including those that combine pistol grips with detachable magazines. The ban would not apply to people who already own such weapons.
Those firearms rank among the most popular in the country, and opponents of the ban — including all but a handful of Republicans — say it would trample on the Second Amendment rights of law-abiding gun owners.
The Bruen Decision Was Just The Beginning
From The Truth About Guns:
There are no longer tiered levels of examination or scrutiny. If the law in question materially limits the right to keep and bear arms, then, with remarkably few exceptions, under Bruen the law will be an infringement on Second Amendment rights.
Who And What Are The Militia?
From Security Studies Group:
The militia is the vehicle for invoking the power to dissolve the government by force, which is a power the citizenry retains inalienably per the Declaration of Independence. Likewise, the militia is one of the final vehicles for protecting an upholding a state the citizens continue to approve of against insurrection or invasion. The citizen is the officer of the state that holds the final say on both of these matters, and therefore the militia properly belongs to them.
Left Prefers Feelings Over Science On Guns
From The Federalist:
Whenever states have eliminated “proper cause†requirements, gun-control advocates have predicted disaster, with blood-in-the-streets and irresponsible behavior by permit holders. But in state after state, concealed handgun permit holders have proved them wrong by being extremely law-abiding. Indeed, none of the right-to-carry states have even held a legislative hearing, let alone held a vote, to move back to requiring “proper cause.â€
The Effect Of Dread Scott On The New York Gun Case
From The Federalist:
Dred Scott has several implications for the Bruen case. First, it affirms that the Second Amendment right to bear arms is a normal individual right, like the other individual rights listed in the case, such as free exercise of religion, freedom of speech and of the press, jury trial, and so on.
Dred Scott refutes the notion that bans on bearing arms were the norm in the United States (or in any State). According to Dred Scott, American citizens have always had the right “to keep and carry arms wherever they wentâ€â€”so recognizing blacks as citizens would mean recognizing their right to bear arms.
Banning Long Guns From Young Adults Violates Public Accommodation
From Reason:
Oregon is one of the states that bans retailers from discriminating based on age against customers age 18 and above. (Some states don’t have such rules, or have an age 21 cutoff.) The Oregon statute says it generally applies to any person who is “of age,” which appears to mean 18, the age of majority in Oregon, at least for those products that are legal to sell to 18-to-20-year-olds (as long guns are in Oregon). Indeed, the statute specifically mentions alcohol and marijuana sellers for special treatment, but makes no such special provision for gun sellers
Colorado Court Rules Against 3 Month Long Surveillance
From Electronic Frontier Foundation:
Last week, the Colorado Supreme Court ruled, in a case called People v. Tafoya, that three months of warrantless continuous video surveillance outside a home by the police violated the Fourth Amendment. We, along with the ACLU and the ACLU of Colorado, filed an amicus brief in the case.
Biden Says Bill Of Rights Are Not Absolute
From National Review:
There are already tens of thousands of laws governing individual gun ownership in the United States. There are more laws restricting this guaranteed individual right than any other in the Constitution. The notion that gun ownership is “absolute†— or anything in the proximity of absolute – is preposterous beyond words. Imagine your freedom of speech being contingent on an FBI background check? (Though maybe we shouldn’t give progressives any ideas.)
Mess Of An Article Can’t Reconcile Gun Rights And Minority Rights
From Huckmag.com:
Feral says a ban would be “low-hanging fruit†for Biden’s base, but the implications might be anything but progressive. “If they make assault weapons a National Firearms Act regulated item, you’re talking about $1000 in tax stamps alone [to buy an assault rifle].†In her view, this doesn’t keep guns out of the hands of dangerous people – it keeps them out of the hands of poor people.