Our constitution was effectively re-written once again this week, as a group of liberal judges on the Ninth Circuit Court of Appeals decided that the right to gun ownership in public is not protected by the constitution. It makes one wonder, if judges think that the ability to carry a gun isn’t a constitutional right, what does the Second Amendment protect?
This ruling is further proof of the dire need this country has for conservative judge appointments, and no sitting Governor seems more aware of this than Texas Governor Greg Abbott.
In a tweet attacking the senseless conceal carry decision, Abbott leveled a clear threat, “come and get it.”
Unfortunately for the Governor, state executives and legislators are being stripped of their rights to create and enforce the laws in their own states. Instead, activist judges have decided to grant themselves lawmaking power in order to push their personal agendas.
Continue reading on the next page to see the Court of Appeal’s shockingly absurd decision:
1. Insurance/License requirement violates the Second Amendment. It is Unconstitutional for the Government to require a license for a right, or to turn a right into a privilege.
The government does not have the power to force anyone to pay a fee to exercise their rights. Or to turn the exercise thereof, into a crime in itself.
Gomillion v. Lightfoot, 364 U.S. 155 (1966), cited also in Smith v. Allwright, 321 U.S. 649.644
“Constitutional ‘rights’ would be of little value if they could be indirectly denied.”
Murdock v. Pennsylvania, 319 U.S. 105
“No state shall convert a liberty into a license, and charge a fee therefore.”
A ‘RULE’ that you have to have insurance to own a gun would violate the abrogation of the right.
Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603
“Where rights secured by the Constitution are involved, there can be no ‘rule making’ or legislation which would abrogate them.”
And if you were to go without insurance, they couldn’t fine you or punish you, without violating the Constitution, or federal law.
Sherar v. Cullen, 481 F. 2d 946 (1973)
“There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
2. Smart Guns – Cost prohibitive. The most recent smart gun was costed over $1,000, was a weak 9mm, and was prone to failures. Few sold, the company abandoned it.
The high cost disenfranchises the poor, who have the same gun rights as the rich.
There are 300+ million guns out there without bio-metric systems. And the government doesn’t have the power to force people to retrofit their firearms, nor turn in the old ones.
3. There is no gun show loop hole. FFL’s must always do BGC’s, even at gun shows. If you’re talking about the private citizen sales, then they are just that, PRIVATE.
And, since a private person selling their gun to another private person is protected under the 2nd Amendment, refer to section #1.
Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262
“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.”
4. Safes-Storage. See Section #1.
How do you make sure people are keeping their guns in safes? Violate the 4th and 9th Amendments?
Either you actually have home inspections, which is a gross violation of our rights to privacy, or you make it an infraction/crime post-facto of another incident to not have them locked up (like say, your kid shoots himself on accident, which is not a crime, but then they charge you with the crime of not locking up your gun) Is both Unconstitutional, and violates due process of law.
Draper v. U.S. (1959)
Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution in the belief that a crime has been or is being committed. Reasonable man definition; common textbook definition; comes from this case.
See section #1 about how the exercise of a right cannot be turned into a crime.
Mike Garrett neither does Arkansas or my home state of Louisiana. You would think Texas would be the one leading the way
Texas is on the way to changing color on the political map….the big cities are all Democrats now and just like Washington State…soon the inner city Democrat vote will speak for the entire state….just like the Population of Seattle has turned the entire State of Washington into candy asses
Eric Jennings good research sir
Wrong. Judges have no authority to rewrite the Constitution. When they pretend they do by their opinions it is the duty of all elected officials to disregard the unconstitutional opinions of the courts and unconstitutional actions of any Federal authority.
I am so glad to live in Maine. Open and concealed constitutional carry and LOW crime rate.
These judges that re write the law impeach themsays in Constitution
It’s time to strap up and show these fuckers who they are messing with! I know plenty of people that are willing to die! We don’t need your fucking laws to tell us what our rights are! You are all fucked! Bring it on! We know how$#%&!@*like this ended in the past with a lot of dead mother fuckers!!! Period!!
Gov. Abbott an Trey Goudy would be AV very great team.
Judges are perfectly capable of treason also