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Posts Tagged constitution
Supreme Court Overturns “Chevron”, Restraining Power Of Bureaucrats
From The Truth About Guns:
The Supreme Court’s decision is particularly noteworthy for gun owners, as it curtails the regulatory authority of the ATF. The ruling effectively limits the ATF’s ability to interpret and enforce regulations without explicit congressional authorization, even when pushed by a presidential administration hostile to the Second Amendment.
Biden Has Tyrannical Plans For Guns In Second Term
From The Truth About Guns:
President Biden told the “Smartless” podcast, according to Breitbart, that he will “make sure that we do something about gun violence in this country” should he be elected for a second term, adding, “this — the [tree of] liberty is watered with the blood of patriots, I mean, that’s a bunch of crap.”
President Biden specifically took aim at re-enacting the failed 1994 Assault Weapons Ban, that even the Centers for Disease Control and Prevention admitted had no effect on crime reduction. He reiterated his disproven claims about “cannon control” and again placed himself as the pre-eminent Second Amendment authority, despite the U.S. Supreme Court clearly establishing the Second Amendment as a right of individual Americans.
New York Has Been Anti Gun Since The Founding
From Ammoland:
Sure, the State ratified the Nation’s Bill of Rights, which prominently included the natural law right codified in the Second Amendment. However, New York’s elder statesmen who agreed to that were likely never happy doing so.
They probably only did so to avoid many Americans inferring justifiably that the State was a viper’s nest of “Tories” (Loyalists to the Crown). At the War’s conclusion, they may have continued to harbor bad feelings about the fledgling Nation. Drawing this conclusion is not unsound.
New York alone furnished about 23,000 loyalist Red Coat troops, perhaps as many as all the other colonies combined.
Gun Companies Want Supreme Court To Toss Mexican Lawsuit
From The Truth About Guns:
The industry defendants in Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al., have asked the Supreme Court to consider two questions – whether the lawful production and sale of firearms in the United States is the “proximate cause” of alleged injuries to the Mexican government stemming from cartel-driven violence and if that also amounts to “aiding and abetting” illegal firearms trafficking because Mexico alleges these manufacturers know their products are unlawfully trafficked.
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.
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.
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.
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.
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.
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.
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.”
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.
“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.
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.