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Posts Tagged constitution
Critical Look At The Second Amendment
From Topic.com:
Colonial gun culture held together an uncertain American experiment. Guns were a necessity of frontier life—needed for hunting and protecting livestock—and were also used as insurance against human threats. Guns, and the white men wielding them, controlled indigenous peoples who resisted incursions onto their land and the enslaved peoples whose labor was essential for Southern plantations.
Resisting Tyranny With The Second Amendment
Posted by Brian in Law, News, Threat Watch on 13/Jul/2018 17:00
From Vox:
The Second Amendment does not create a right of revolution against tyranny. That inherent right is universal. As stated in the Universal Declaration of Human Rights, adopted by the United Nations in 1948, “[I]t is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” The Universal Declaration was influenced by the Declaration of Independence, thanks in part to the US delegation led by Ambassador Eleanor Roosevelt (who carried her own handgun for protection).
Court: Impossible Doesn’t Mean Unconstitutional
From NRA-ILA:
The majority of the court went further, though, and eliminated the possibility that its own rule could be applied to make the law inoperative in this or any other case: “Neither the text nor the purpose of the Act contemplates that a showing of impossibility can excuse compliance with the statutory requirement once the statute goes into effect,†adding that Section 3531 did “not authorize courts to independently carve out exceptions for impossibility†once the certification had been made.
The Second Amendment Is The Foundation Of The Bill Of Rights
Posted by Brian in Law, Opinion, Threat Watch on 26/May/2018 07:00
From The Federalist:
So, why did the founders feel the need to specify the right to bear arms in the constitution? After all, wouldn’t it be just as wrong for the government to take away any other possession? Why add a specific amendment about guns? The answer is that the founders understood the important role guns play in establishing and preserving a free society. They found this out firsthand.
California Continues Assault on Second Amendment
Posted by Brian in Law, News, Threat Watch on 14/May/2018 17:09
From Reason.com:
Two new federal court decisions highlight a harsh new reality: California has effectively repealed the Second Amendment inside its borders.
In the first case, decided yesterday, a district judge ruled against the National Rifle Association’s state affiliate in a challenge to onerous new California rules targeting popular semi-automatic rifles. That 2016 law, signed by Gov. Jerry Brown (D), is called the Assault Weapons Control Act.
Heller Was The First Step In Repealing The Second Amendment
Posted by Brian in Law, News, Threat Watch on 13/May/2018 16:04
From The Federalist:
The Second Amendment was repealed, in effect, by Heller’s majority opinion. The opinion went beyond questions raised in the case and laid out a rationale by which Congress, states, and courts could ban the private possession of many offensive and defensive arms today and all such arms of the future.
Are Age Limits For Guns Constitutional?
From The Washington Examiner:
Some federal courts have dealt with a different firearm age limit, upholding the 21-year-old age requirement for handgun sales by licensed dealers. That rule passed Congress in the Gun Control Act of 1968, long before the AR-15 became one of the nation’s most popular guns, and doesn’t ban young-adult handgun possession.
Michael Connelly, executive director of the U.S. Justice Foundation, a public interest law firm that supports gun-rights advocates, said, “I think an effort to ban people between 18 and 21 from purchasing AR-15s would be vulnerable to a Second Amendment challenge, particularly in light of the current makeup of the Supreme Court.”
Before A Gun Debate Can Start Both Sides Must Read This
This was originally published after the Vegas shooting. The amount of regulations already on the books is astounding.
From The Hill:
After the Las Vegas murders, Sen. Brian Schatz (D-Hawaii) urged Congress to “take a stand against gun violence by passing common-sense gun safety laws.†On Monday, after the mass murder in Texas, he wrote, “A simple idea: Anyone convicted of domestic abuse should see their rights under the 2nd Amendment severely curtailed.†On Tuesday, Sen. Jeff Flake(R-Ariz.) announced that he and Sen. Martin Heinrich (D-N.M.) are writing a bill “to prevent anyone convicted of domestic violence — be it in criminal or military court — from buying a gun.
In the spirit of these proposals, here are some ideas for tough federal gun laws — most of which should have been enacted years ago.
No Right To Sell Guns?
From Guns.com:
The U.S. 9th Circuit on Tuesday upheld an Alameda County law barring gun stores within 500 feet of residential properties in a blow to gun rights advocates.
The court held that local governments could regulate the sale of firearms so long as would-be buyers were still able to purchase them somewhere in the area and that the Second Amendment does not protect the ability to engage in gun sales.
The obvious question now is: Do you have a constitutional right to sell books?
Data Should Be Covered By Fourth Amendment Says Silicon Valley
From Ars Technica:
A group of prominent tech companies and lawyers has come together in new friend-of-the-court filings submitted to the Supreme Court on Tuesday. The group is arguing in favor of stronger legal protections for data generated by apps and digital devices in an important privacy case pending before the court.
The companies, which include Apple, Google, and Microsoft among many others, argue that the current state of the law, which distinguishes between “content” (which requires a warrant) and “non-content” (which does not) “make[s] little sense in the context of digital technologies.”
The Second Amendment and Technology
From Foundation for Economic Freedom:
Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century. This argument is based on ignorance of the history of firearms. It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.
Concealed Carry Reciprocity
From The Washington Post:
There are questions, however, about Congress’s authority to pass the bill, which seems to stretch the limits of the commerce power and of the 14th Amendment’s enforcement power, as discussed in posts by Josh Blackman and Joseph Blocher, among others. But there may be another way.
In a letter sent today, Stephen Sachs, Randy Barnett and I argue that Congress should not rely on the commerce power but should instead rely on the Full Faith and Credit Clause.
Students Arrested For Handing Out Constitutions
From Washington Times:
Kellogg Community College students Brandon Withers and Michelle Gregoire were arrested Sept. 20, 2015, in Battle Creek after they refused to stop handing out copies of the U.S. Constitution on campus. Officials cited the school’s Solicitation Policy, which requires permission for such behavior, before having the Young Americans for Liberty members and a friend arrested.
National Concealed Carry Reciprocity Bill Submitted To Congress
From NRA-ILA:
On behalf of its five-million members, the National Rifle Association’s Institute for Legislative Action (NRA-ILA) applauded the introduction of H.R. 38, The Concealed Carry Reciprocity Act of 2017, authored by Congressman Richard Hudson (NC-8). This legislation would eliminate the confusing patchwork of state carry laws by allowing individuals who possess concealed carry permits from their home state or who are not prohibited from carrying concealed in their home state to exercise those rights in any other state that does not prohibit concealed carry.