Posts Tagged constitution

Washington State Mag Ban Unconstitutional

From The Truth About Guns:

A Washington state judge declared the state’s prohibition on high-capacity ammunition magazines unconstitutional, sparking immediate appeal actions that keep the law in force for the present, as reported by The Seattle Times and cited by the Associated Press. Cowlitz County Superior Court Judge Gary Bashor’s ruling on Monday challenged the 2022 law, which bans magazines holding more than 10 rounds, on grounds of violating both the U.S. and Washington state constitutions. However, the law remains active following an emergency appeal by Attorney General Bob Ferguson, upheld by the state Supreme Court.

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ATF Lawyers Talking Out Of Both Sides Of Their Mouths May Doom Brace Rule

From Armed Scholar:

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Founding Era German Translations Of The Second Amendment Give New Perspective

From Bearing Arms:

After analyzing these interpretive similarities, this research makes the following contentions: the original public meaning of the Second Amendment indicated an understanding of both an individual right to keep and bear arms as well as a declarative statement on the militia that had no limiting effect on the individual right. Put another way, the first clause (the Militia Clause) does not create a condition for the second clause. Instead, it declares an axiom as understood by the framers: a well-established and well-outfitted militia (broadly defined as the entirety of the national populace) is necessary to securing a free nation. To support this dictum, the amendment subsequently recognizes the individual right to keep and bear private arms, because the militia is made possible by private arms rather than the other way around. With the publication of the Bill of Rights, the Constitution endorsed an armed citizenry as the best possible defense of a nation’s liberties rather than making the individual ownership contingent on the continued use of a militia.

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Domestic Enemies In Senate Propose National Registration

From Senator Cory Booker:

Specifically, the legislation would require:

  • An individual to completed firearm safety training, which must include a written test and hands-on training to ensure safe use and accuracy.
  • Attorney General to conduct a history background check of any individual purchasing a firearm.

The federal firearm license must be renewed every five years at which point the applicant will have to go through a background check and undergo firearm safety training again. The bill contains a mechanism for the U.S. Department of Justice to revoke a license if an individual poses a danger to themselves or to others. The legislation would require the Federal Bureau of Investigation to regularly conduct checks to ensure that individuals are in compliance with federal license requirements and keep in place requirements that all people purchasing firearms from a federal firearms licensee undergo a background check.

Full Bill Text

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California Goes All In On Gun Banning

From Guns.com:

The state Senate on Wednesday approved a measure to amend the U.S. Constitution to spread California gun control mandates coast to coast.
 
The Democrat-controlled body easily passed Senate Joint Resolution 7 in a 24-11 partisan roll call, sending it to the California Assembly for likely concurrence. The measure is the first legislative step to the adoption of a U.S. Constitutional amendment, calling for a rare Convention of States to study the proposal. 

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NDAA Sneaks In More Gun Prohibitions

From The Federalist:

Section 2(f) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note; Public Law 100–649) is amended— (1) by striking ‘‘EFFECTIVE DATE AND SUNSET PROVISION’’ and all that follows through ‘‘This Act and the amendments’’ and inserting the following: ‘‘EFFECTIVE DATE.—This Act and the amendments’’; and (2) by striking paragraph (2).

The provision looks harmless enough at first glance. However, to fully understand how this paragraph further infringes the Second Amendment, one must understand what the 1988 Undetectable Firearms Act says, and why striking the effective date puts our rights in jeopardy.

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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.

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FPC Tells Supreme Court Chevron Deference Is Unconstitutional

From Ammoland:

“Chevron violates Article III by transferring from the judiciary to the executive the ultimate interpretative authority to say what the law is,” argues the brief. “It violates Article I by incentivizing Congress to abdicate its legislative duties and delegate legislative authority to the executive. As a result, Chevron accumulates legislative, executive, and judicial powers in a single branch of government—which the Founders considered the very definition of tyranny.”

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Federal Judge In Oklahoma Rules Marijuana Users Have Right To Own Guns

From Reuters:

Feb 4 (Reuters) – A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year’s U.S. Supreme Court ruling that significantly expanded gun rights.

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“Weapons of War” Is The Point Of The Second Amendment

From The Truth About Guns:

Personal self-defense is certainly a critical aspect of the Second Amendment, but both the founders as well as the generations immediately after them considered one other purpose paramount: a final defense against a tyrannical government that attempts to overthrow our constitutional order.

Embarrassing as it may be to admit for some polite society academics of today, the Bill of Rights was written by people who just finished violently overthrowing their former government. Based on that experience, they were obviously very fearful of the new government they were forming becoming tyrannical, and so they included the Second Amendment, in part, as a failsafe.

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What To Do When Cops Are At Your Door

From The Civil Rights Lawyer:

The too-long-didn’t-watch answer is no. If police officers are on your private property, that changes things. Cops are trained on the requirement for reasonable suspicion – to develop some reasonable suspicion they can articulate, even if total B.S., and then that entitles them to forcibly demand identification from whomever they deem a suspect. That is generally how things work in public places – but not on private property, especially a home. 

According to the 1980 Supreme Court opinion in Payton v. New York, in order to legally arrest someone in a home, rather than in a public place, absent consent or exigent circumstances, police officers must have a warrant. 

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You Have A Right To ALL Weapons

From Ammoland:

Contrary to what President Biden keeps babbling on about cannons, the Second Amendment “right of the people to keep and bear arms” was considered comprehensive at the time of the founding. Civilians could and did own cannons, repeating rifles, and even warships armed with cannons. In his ridiculous decision in the Dred Scott case, explaining why dark-skinned people of African heritage could not be citizens, Justice Taney infamously rolled out his “parade of horribles,” saying that if African-Americans were citizens, they would be able to freely travel between states, hold political meetings, and carry arms wherever they went.

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LA Sheriff Stripped Of Powers Over Mandate Refusal

From Insider.com:

The Los Angeles County Board of Supervisors decided on Tuesday to relieve Sheriff Alex Villanueva of the responsibility to enforce COVID-19 vaccine mandates, according to board documents viewed by Insider. The Los Angeles Times first reported the story.

The decision to strip him of the responsibility comes after Villanueva has for months refused to enforce the mandate. 

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Restitution Should Be A Remedy For Unconstitutional Prosecutions

From The Truth About Guns:

An individual should not be punished for noncompliance with an unconstitutional law. If they were unjustly punished, then they deserve restitution. So far, only a few people have applied for restitution in DC. There is a larger class action lawsuit that needs to be filed against the district.

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YouTube Censors Video of Congress Members Discussing Constitutional Limits of Vax Mandates

From The Federalist:

YouTube took down a video posted by the House Freedom Caucus of lawmakers discussing the constitutional limits to medically coercive vaccine mandates for the novel Wuhan coronavirus.

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