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Posts Tagged constitution
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.
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.
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.
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.
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.
Czech Republic Joins Small Group Of Nations That Recognize Right To Arms
From Ammoland:
The move for the amendment started in 2015, after the terrorist attacks in Paris. By the middle of 2016, Czech President, Miloš Zeman was suggesting citizens should be armed “over the long term†and carry pistols in public, to defend against terrorist attacks.
Czech lawmakers approved an amendment that will enshrine the right to use a weapon in self-defense in the Czech constitution – a new right that will be included in the country’s Charter of Fundamental Rights and Freedoms.
Rewriting The Second Amendment Continues
From The Federalist:
Just like every other aspect of the American Founding, the ratification of the Second Amendment to the U.S. Constitution is rooted in nothing more than white supremacy. Or at least, that’s what scholar Carol Anderson wants you to believe.
In her latest book, “The Second: Race and Guns in a Fatally Unequal America,†Anderson argues that the “well regulated Militia†inscribed in the Second Amendment was created to provide states with a mechanism to quell potential slave uprisings.
Illinois FOID Challenged As Unconstitutional
From Chicago-Sun Times:
For more than half a century, anyone in Illinois who wanted to own a gun needed to first apply for a special state identification card.
But now the state’s top court is being asked to decide whether the Firearm Owner’s Identification cards — popularly called FOID cards — are a necessary safeguard or a violation of the U.S. Constitution.
Last week, a downstate judge ruled the FOID card system was unconstitutional, reducing residents’ Second Amendment rights to bear arms to a “façade.â€