« The advance of "shall issue" CCW | Main | Gallup finds NRA far more popular than Obama or Hillary »
Second Circuit rules in NY State Rifle & Pistol
You can access the opinion here. (For some reason a direct link to the opinion doesn't work -- go to the menu bar at the top and click on "decisions" and look for NY State Rifle and Pistol). Pretty much affirms the lower court's ruling, which sustained most of the gun laws at issue. Dave Workman has some interesting thoughts, tho -- such as the court at least recognizes that "assault weapons" and larger magazines are in "common use," and thus within Heller (even tho they can be banned because the court really doesn't like them).
2 Comments | Leave a comment
The thing missing is the total rejection of Barron (1833) and the recognition that the Bill of Rights BINDS ALL GOVERNMENTS, federal and local, COMPLETELY. As Hamilton explained in the 84th Federalist, governments do not have the authority to legislate in the areas noted in the Bill of Rights. Inalienable Rights are Rights granted by the Creator to the created which cannot be given up and which cannot legitimately be taken away, even in the slightest. The people have failed to uphold their end of the agreement and keep the government in check. For 230+ years, the azoles we elect continue to violate the Constitution and infringe upon or even eliminate Rights endowed by God. Those who believe the lie that the SCOTUS has the final say are just as guilty as those who know nothing. Not a single line of the Constitution even slightly insinuates as to such an authority in the judicial branch. The system has been used to brain-wash the people into submission. Neither the courts nor the Legislature nor the executive have any authority to interpret any part of the Constitution.
A couple of quotes:
John Locke asked: "For what is the point of drawing up dumb, silent statements of laws, if anybody may attach a new meaning to the words to suit his own taste, find some remote interpretation, and twist the words to fit the situation and his own opinion?"
"For whenever a question arises between the society at large and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of the society itself: there is not upon earth any other tribunal to resort to."
Sir William Blackstone, Blackstone's Commentaries on the Laws of England, Book I, Chp3, pg.205/6
We have allowed our government to completely alter itself with no battle. If one only reads Eliott's Debates, one will find out that 99% of what the government does, including the courts, is contrary to the Constitution and not legitimate. It matters not if there are good intentions. It matters only that the law as written is followed. Want it changed then use the only proper method, amendment.
The only thing that matters now is SCOTUS taking the Friedman v. Highland Park case- which as near as I can figure out, no one thinks they will.