Third Circuit: Second Amendment is a Second Rate Right

Standard Capacity 223 Magazine Bans Ammunition
Standard Capacity 223 Magazine 

U.S.A. -(Ammoland.com)- In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights.  The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).

The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.  Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.

The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade.  The Supreme Court only hears a limited number of cases. They are not required to hear all cases.

Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it.  These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right.

Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump.  At only 49 years old, he is already the 15th most cited jurist by the Supreme Court. His resume is impressive. It is easy to see why President Trump chose to appoint him. His dissent runs to 19 pages. The first four paragraphs eviscerates the majority decision. From uscourts.gov:

The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our own sense of wise policy. 554 U.S. at 634-35.

Yet the majority treats the Second Amendment differently in two ways. First, it weighs the merits of the case to pick a tier of scrutiny. That puts the cart before the horse. For all other rights, we pick a tier of scrutiny based only on whether the law impairs the core right. The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here. 

Second, though the majority purports to use intermediate scrutiny, it actually recreates the rational-basis test forbidden by Heller. It suggests that this record favors the government, but make no mistake—that is not what the District Court found. The majority repeatedly relies on evidence that the District Court did not rely on and expert testimony that the District Court said was “of little help.” 2018 WL 4688345, at *8. It effectively flips the burden of proof onto the challengers, treating both contested evidence and the lack of evidence as conclusively favoring the government. 

Whether strict or intermediate scrutiny applies, we should require real evidence that the law furthers the government’s aim and is tailored to that aim. But at key points, the majority substitutes anecdotes and armchair reasoning for the concrete proof that we demand for heightened scrutiny anywhere else. New Jersey has introduced no expert study of how similar magazine restrictions have worked elsewhere. Nor did the District Court identify any other evidence, as opposed to armchair reasoning, that illuminated how this law will reduce the harm from mass shootings. Id. at *12-13. So New Jersey cannot win unless the burden of proof lies with the challengers. It does not.

If the Supreme Court grants a writ of certiorari (the legal term for agreeing to hear a case before the Supreme Court), Judge Bibas' reasoning is rock solid.

For those who do not follow these cases closely, here is a short explanation of the different levels of scrutiny.

Strict Scrutiny – The highest level of protection, reserved for fundamental Constitutional rights.  To pass this level of legal examination, a law, regulation, or other restriction of a Constitutional right must be required by a compelling state interest, and the restriction must be narrowly tailored to achieve that result. The burden of proof is on the government.

For example: There is a general prohibition on shouting “Fire” in a crowded theater, when there is no fire. This is a restriction on the First Amendment right of freedom of speech. The prohibition serves a compelling state interest of public safety. The restriction is narrowly tailored to ban shouting false information that causes severe, direct, physical, harm to others.

A corollary for the Second Amendment would be a general prohibition on firing a gun in a crowded theater when there is no reasonable, deadly threat.

Intermediate Scrutiny- The middle level of protection of less than fundamental rights. The law or regulation must serve an important government objective, and be substantially related to achieving that objective. The burden of proof rests with the government. This level is fairly new, only existing since 1976.

Rational Basis – The lowest level of protection. Generally not applied to rights. It essentially is no protection at all. The party challenging the law or rule has the burden of proof. They have to show the government has *no* legitimate interest in the law, rule, or policy. They have to show there is *no* conceivable rational basis for the law, even if the government never stated one. Laws, rules, or policies are almost never struck down on this basis.

Judge Bibas shows the two majority judges collapsed the level of scrutiny from strict scrutiny to rational basis, while calling it “intermediate scrutiny”.

Second Amendment supporters know the Third Circuit ignored the rule of law and applied their own, cherished, leftist, Progressive, biases to gut Second Amendment protections in this case.

Judge Bibas, in his masterful dissent, shows how they did it.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 191 thoughts on “Third Circuit: Second Amendment is a Second Rate Right

      1. @Richard, Communication, here, is not secure. The Fat Boy Institute uses Carnivore; The Secret Service uses Triggerfish; and the NSA uses Prism, Blarney, and Stellar Wind programs to search the internet for communications such as yours. If you do not define “start this”, conspire with another, or take an overt action, then you may be alright.

    1. WELL?
      The PEOPLE created the cities. The PEOPLE created the states. The PEOPLE created the federal government.
      THEY are our SERVANTS, NOT our masters.
      Why do you think the Constitution says the PEOPLE have guns. It NEVER says the government, our servant, can.
      Any law not in 100% harmony with the U.S. Constitution is null & void.
      You folks always say “our guns are for protection from tyranny”. WELL, HERE IT IS!! TYRANNY!
      Grow some BALLS, organize and take your state back.
      Or, sit in your mama’s basement, drink beer and tell yourself how tough you are.

      1. It appears to me the article you link to raises serious questions about that assertion, though I agree it should not. I read the whole thing, and my take is that the confusion is more the result of trying to find exceptions to the intent of the Bill of Rights than it is in accepting the Bill of Rights. And I note both the underlying premise of the article, and several cited court rulings therein, refer to the government and/or Constitution’s “grant” of rights rather than inherent rights. This is flatly wrong and at odds with the writings and intent of the Founders.

    2. It is evident that these liberal politicians have never looked at our experience with the current war game in Afghanistan. These fools are living under their false sense of “security” and fail to recognize there are things more dangerous than firearms and large capacity magazines held by lawful citizens. How many LEO, innocent people and family members are they willing to sacrifice to fulfill their fantasy?
      Will they step forward and take the hit for what they believe? No??? I didn’t think so. I doubt they have ever stood for anything they truly believed in that someone didn’t pay them extra money to do. (Think Judas or Quisling) Oh! I forgot they have not heard of these people.
      So much for their oath to defend the Constitution against all enemies foreign and domestic. As most liberals they are liars, deceivers, power hungry and untrustworthy. And their understanding of History and the English language is really unbelievable!
      As said by others “MY OATH DOES NOT EXPIRE”!

      1. THE TYRANT THAT FORCES ENTRY INTO OUR HOME, TAKE PROPERTY FROM US WITHOUT DUE PROCESS, ASSAULTS US, TERRORIZES US, SHALL BE SHOT DEAD…AND WE WILL CONTINUE SHOOTING EVERY PERSON DEAD, UNTIL THEY GIVE UP!

        OUR RIGHTS ARE NOT UNDER CONTROL OF THE HIRED HELP, AND THE CONSTITUTION DOES NOT GRANT RIGHTS, POWERS OR AUTHORITY TO ANY EMPLOYEE THAT ARE SUPERIOR TO THE RIGHTS AND POWER OF THE PEOPLE…WE COME FIRST, NOT THE HIRED HELP!

        IF YOU COME TO TERRORIZE, STEAL AND SLAUGHTER, WE THE PEOPLE WILL KILL YOU FOR YOUR EFFORT, AND HANG THE REMAINDER, OR DECAPITATE YOU AND PLACE YOUR TRAITOROUS HEAD ON A PIKE FOR ALL TO SEE…AS A WARNING TO OTHERS THAT MIGHT BE SO GOD DAMNED FOOLISH AND INSANE…WE WILL FIGHT, AND YOU WILL LOSE YOUR LIFE OVER THAT FIGHT…ARE YOU WILLING TO DIE FOR YOUR TYRANT BOSS?

        WE THE PEOPLE, ARE THE ONLY LEGITIMATE POWER OF THIS NATION, AND ALL WE HAVE HIRED, OR ELECTED, ARE ALWAYS SUBORDINATE TO OUR LEGAL AND LEGITIMATE AUTHORITY AND POWER…DO NOT FUCK WITH US, WE ARE THE BEARS YOU FEAR…OUR CLAWS ARE SHARP, AND WE TEAR OFF YOUR FLESH WHILE YOU SCREAM IN AGONY…YOU SHOULD HAVE TURNED AND RAN AWAY, BUT YOUR ARROGANCE HAS KILLED YOU!

        TYRANNY BY THREAT OR INTIMIDATION, IS NOT A ‘RIGHT’ THE HIRED HELP WERE GRANTED, IN FACT, YOU WERE NEVER GRANTED ANY RIGHTS…ONLY PERMISSIONS, OF WHICH THE PEOPLE WILL TAKE FROM YOU WITH EASE!

        RUN THE NUMBERS…SEVERAL MILLION ARMED PATRIOTS FACING OFF AGAINST A FEW THOUSAND TRAITORS….HOW LONG DO YOU HAVE TO LIVE FIGHTING SUCH ODDS?

        WE THE PEOPLE VASTLY OUTNUMBER AND OUTGUN THE LARGEST MILITARY ON THE PLANET…SO PLEASE, KEEP ASSUMING YOU STAND A CHANCE….YOUR BLOOD WILL FLOW IN THE STREETS TO PROVE YOU WERE WRONG, AS MOST TYRANTS HAVE ENDED THEIR LIVES THINKING SUCH WAYS.
        HITLER, STALIN, MUSSOLINI…POL POT…TYRANTS DEAD FROM THEIR PEOPLE…MUSSOLINI WAS DRAGGED OUTSIDE AND CUT UP LIKE A SIDE OF BEEF BY HIS PEOPLE, THEN HUNG UPSIDE DOWN IN TOWN SQUARE. ANOTHER TYRANT WITH IMAGES OF GOD-LIKE POWER…TO END UP AS A SIDE OF MEAT SWINGING FROM A ROPE..

        THIS IS WHAT WILL OCCUR TO ANY THAT FACE OFF AGAINST THE PEOPLE IN ANY ARMED CONFLICT…YOU ACT LIKE OUR ENEMY, WE WILL WIPE YOU OFF THE PLANET!

        1. Calm down tough guy. why don’t you get all of your friends, family, neighbors and fellow country men who the feel the same; and make a difference? Get off of social media. I agree with most of your thoughts and conclusions, but right now you’re just being the same as every libtard out there.. How about the 10k of us disagreeing with this post, Make a difference? No one. Thats what i thought. Stand idle and keep telling your self centered ass ” it won’t happen to me; MURICA” it has already happened bud. It’s been going on for 40 yrs.

        2. Gorsh, American Patriot; I wish you weren’t so shy and retiring. C’mon and tell us how you REALLY feel!

          (Seriously, with talk like that, you could be a plant from the other side, trying to justify rounding us all up. I’ve had fedgoons do that over using PGP encryption, so it is not out of the realm of possibility.)

    3. Reset the entire damned system, right down to, but excluding the Bill of Rights (A1…10)

      The Declaration of Independence already made clear that ALL men (humans) are created equal, so 13A is not necessary.

      Draining the SWAMP is not working fast enough to resolve the accumulated, steaming pile of abuses of power.

      It is well within the Right of the People to strip it all down to the bare bones, just as the Founders did, when prying the Colonies from the greedy, corrupt paws of British rule.

    4. Hahahahahaha you half-wits are going to loose your boom sticks. How will you make up for your tiny dicks? Bigger pickup trucks I guess. Lmmfao.

      1. and you half-wits can’t even do the math to figure out you ain’t got the manpower to take them. keep poking that wolverine with a sharp stick and see what happens.

      2. Not a chance in hell, and whose gonna take them, YOU?, hahhahahahaha, with what? Now follow the other sheep off the cliff lefty. These liberal judges are grabbing at straws trying to make something stick before they loose all power. However, When the Supreme Court takes a second amendment case, all these liberal judges will be over turned and all infringements will be repealed. The amendments were listed in a a certain order for a reason, it’s not a mistake that the right to bear arms is the 2nd one. It’s called importance.

      3. It’s sad how uneducated you libs are. You don’t even know the difference between “loose” and “lose”. We the people will never “lose” our firearms, but you are welcome to come try and take them.. although I highly doubt a coward like you will be doing it

      4. JT: Keep playing and you will found out. You clearly should of been an abortion or that specimen that wet the bed sheets, dripping down that prostitute mother of yours legs.

      5. Jt, Be careful what you wish for. When gun owners “loose” thier boom sticks they will be aimed at the leftists like you first.

      6. You’re such an Putz! Were you raised by two gay Parents In Cal? Don’t tell me I bet you are 5′ 6″ and 145 with a big Mouth lol!

      7. Just wondering how exactly you make the connection between this article and tiny dicks? I presume this is something you spent quite a bit of time fantasizing about. Or perhaps it was just a toss away.

      8. Looks like someone is projecting his own ‘inadequacy’ onto others in a pathetic attempt to soothe his fragile ego and sense of inferiority.

    5. Applying a “pecking order” of importance to the Amendments in the BoR that the right to keep and bear arms and create an unorganized militia began as the 5th amendment and was #4 when submitted to the States for ratification.
      The First was #2.

      Maybe #9 should be first, followed by #10., No doubt each amendment in the BoR is equally important. The Constitution of 1787 would have failed ratification w/o the BoR.
      Repealing any amendment in the BoR would in fact undo the United States Constitution.

      1. There is good reason some wanted NOT to have the Bill of Rights at all – government would TAKE the words in the “BoR” and claim authority over those words…

        Both sides were correct, which leaves us with the maximum reset cycle proposed by Jefferson (25 years), in order to clean house.

    6. Judicial recklessness is unfortunate, but fixable. The people need a constitutional mechanism to vote on these turkeys after their first six, eight, or ten years on the bench, when their votes and opinions may be counted and weighed in the balance. We only have the ballot box, the jury box, and the bullet box as remedies presently. It is time to see that we, the people, have a measured say in keeping these unelected idiots in check.

    7. I really don’t think these Judges or Democrats in congress really understand gun owners and their attachment to the weapons they own. They can pass all the laws they want, I think they believe the people are going to say “Oh, I’m going to give up my guns because of the new law” I firmly believe that this gun issue is going to be pushed to far and at some point Americans are going to say enough is enough, and there is going to be blood shed, Political, or be taken out on law enforcement. It is a ” right,” it stood as a”right ” for more then a hundred years, and some pussy foot politician, or Ignorant Federal Judge who thinks they are Gods gift to America will want to change that. It is more dangerous then all them fools believe. We now have Atty. Generals in some states that would give stiffer penalties to gun owners then to rapists, and violent felons. “Shall not be infringed” believe it, and protect it.

      1. You are very eloquent in your writing sir. I do not own a gun but believe it is everyones right to do so if they choose.

        1. It’s your duty to be ready to defend your family, the nation, and the Constitution, Mr. Stock. I suggest you remedy your missing rifle situation immediately.

      2. I don’t have an attachment to my guns so much as an attachment to my basic freedom. The mere act of owning and using firearms AS I SEE FIT, though not in a criminal manner, bulwarks that freedom.

    8. TRUE GUN CONTROL THAT WOULD WORK! FACT!!!!!!!!!
      Gun control doesn’t work, just look at how well the criminals in Chicago obey the gun laws.
      Gun control that would really work would be, if you use a gun for any crime, you go to prison for life!
      You’d get no visitors, TV, Magazines or books, radio, coffee, work out rooms, etc…! That’s just to name a few things you’d never get again, because you’d get nothing but the gruel for food!
      The only time you’d get a visitor would be when you’re on the way for your death penalty to be enforced!
      You’d be put in a stainless steel room and have the following options to take your own life! When finally left alone you could choose one of the following options,
      #1. Self-inject poison into your veins, and you will be dead very soon!
      #2. Pull a chord and a pill will fall in the acid so you can gas yourself!
      #3. A door will open and there will be a gun with just one bullet to blow out your brains or heart!
      #4. There will be a rope dropped down from the ceiling so you can hang yourself into an open pit!
      #5. You can sit in an electric chair and kick the lever to electrify yourself!
      #6. You will get no food or water at all, and you’ll slowly starve to death!
      The last thing you’ll ever hear is, “We’ll be back in 30 days to see which option you chose”!
      That way when they haul your pathetic body out of the cell at the end of 30 days, the door can be shut and an automatic washing and sterilizing system will make it ready for the next criminal to start their 30 day decision!

        1. Hey corey,
          The no CAP letter on your name is, as a milk-sop, you deserve no respect!
          Do you still live with MOMMIE at 40+ years old, under her skirt?
          Seems as though the Socialistic Leftist DemoTARD Pinko Commie EdumaKation you received is working very well, if you don’t believe in the DEATH PENALTY!
          What the point is, is that my options take the BURDEN off of someone else having to put them DOWN, as the RAPID DOGS they were in society!
          Look up milk-sop if your Commie EdumaKation taught you how to use a dictionary!
          Get a JOB!
          Move out from under MOMMIES SKIRT, and get your own place, and pay all of your own bills!
          Don’t forget to pay your ‘FAIR SHARE OF TAXES’!
          And if you ever stop sucking your thumb, become a MAN!

      1. No, someone shouldn’t go to prison for life because they used a gun in a crime. Life sentences should only be used for people convicted of murder by circumstantial evidence. The death penalty should only be given to someone that has been proven beyond a doubt to have committed murder. The only real gun law is the 2n amendment meaning that every citizen (not in jail) has the right to a gun and anyone released from jail should get their gun rights back regardless of what they were in jail for. Early America there were no laws that stripped you of your gun rights and no crimes you could be convicted of (except treason & murder because you got executed) to remove your gun rights. No matter what you were convicted of when you were released you had all your rights back.

    9. The US Supreme Court created this mess in 1867 with their Arbitary and Capricious creation of the monstrosity known as the “Incorporation Doctrine” . Which essentially Defactoly Revoked the 2nd and all Enumerated Amendments in the Bill of Rights to the American people.

      Until each and every Amendment would go through a Test Case process ending in the US Supreme Court.

      Why was this made so?

      Upon the adaption of the 14th Amendment Deep State Burocrats feared millions of Freed Slaves,Former Confederates and Native Indian Peoples could possible revolt and again creating a divide a new Civil War so they got the US Supreme Court to Annul the Bill of Rights by reserving those Rights to the Federal Government until being challenged in Federal Court and if the case would be won the Supreme Court could vote to Incorporate the said Amendment to the US States.

      By this Arbitary and Capricious Incorporation Doctrine The Second Amendment only came out of “Deep Freeze” in the year 2010 by being Incorporated to the 50 States via the McDonald Chicago Gun Case.

      Its going to again take the US Supreme Court to undo its own mess by starting to hear Second Amendment Rights cases and giving rullings to invalidate the many oppresive Infringing Unconstitutional Mala Prohibita Laws which have been and are being made today.

      1. See Bruce Ray Riggs’ intro at http://www.DirtyUncleSam.com

        Whenever I vote, or fill out any other document requiring that I “swear I am a citizen of the United States…”, I asterisk the word “citizen” and annotate the affidavit with the statement declaring “By fact of my birth to Citizen parents, in the County of [______], in the Commonweath of [________], I am an ipso facto Citizen of the United States.

        By this statement, I have placed the State in which I reside and THEREBY its Federal master, on notice each and every time I have voted, over the last several years. I have also annotated IRS forms and the Jury Management form, required by the County, when called for jury duty. I retain copies of each annotated document as proof of having delivered notice.

        I AM A NATURAL BORN CITIZEN and I do NOT surrender that which is mine by birth.

      2. Two points, Kaido: First, there is an alternative solution that MAY come to fruition if the people will turn their attention to it: The sovereign nation-States brought the federal government into the world and the sovereign nation-States can take it out. Specifically to the instant discussion, the States outrank the federal government and have the capacity to overrule the Supreme Court each, individually, within their borders and collectively, nationwide. But the people, instead of railing against the federal government, need to turn their attention to their State legislators and demand they declare the 17th Amendment invalid by reason of the prohibition of it by Article V unless every State Consents, and ten did not.

        Secondly, your analysis of the purpose of the 14th Amendment misses an important point: The Founders of our nation (i.e., the States) rightly refused to ratify the Constitution until they were promised a Bill of Rights. So they demanded a Bill of Rights; they got their Bill of Rights; they ratified their Bill of Rights, and they ignored their Bill of Rights from that moment on, treating their own citizens, whom the Bill of Rights was supposed to protect, like third-level serfs. The purpose of the 14th Amendment was to provide a mechanism for the application of the ‘Incorporation Doctrine’ you mentioned, which, btw, is null and void from the moment of its inception because no such power was delegated to the Judiciary: If a controversy is important enough to get to the Supreme Court, it is important enough to warrant “strict scrutiny.” If the States had the gumption to demand their proper place in the U.S. Senate, any State could introduce legislation restoring the Judiciary to its proper role, but the citizens can do it even now by swamping their popularly-elected U.S Senators with demands to rein in the Supreme Court to its Constitutional constraints.

    10. The US Supreme Court bears most fault of why these Infringing Mala Prohibita Laws against the Right To Keep And Bear Arms keep being made.

      In circa 1876 with the creation of the 14th Amendment, the then Deep State Burocrats were afraid of Millions of Freed Slaves,Former Confederates and Native peoples (Indians) possibly starting up another Civil War, Divide in America.
      So they essentially Nullified the 2nd and all other Amendments in the Bill of Rights by creating the absurd Arbitary and Capricious; “Incorporation Doctrine”.

      Which basicly decreed all of the Amendments enumersted in the Bill of Rights to be ” Reserved To The Federal Government”

      That each of the enumerated Rights could be applied to the States after Each Right goes through “jumping through allot of Legal Hoops” in Lawsuits ending up in the US Supreme Court and if the said case is won the Supreme Court can Vote to
      ” Incorporate” the said right to all of the US States.

      The Second Amendment only became Incorporated to the 50 US States in 2010 with the McDonald Chicago Gun Case.

      The Oppressors of the Second Amendment both Appointed and Elected have brrn getting away with so many years of
      Infringements on the 2nd Amendment theve grown an “Institutional Arrogance- Self Alpointed Entitlement” which they Feel they cam act like “Oppressive Dictators” cranking out
      So called “Common Sense” “Gun Laws” for the”Safety” of the ” Average Common Citizen”.

      Reason being as they feel the Average Comon Citizen is too dumb and is not qualified to own and carry firearms and there fore must be subjected to their inposed arbitary and Capricious Unconstitutional Oppressive laws which clearly Infringe on the Right To Keep And Bear Arms as codified in the Second Amendment.

      The US Supreme Court got America in this mess, it now needs to take America out if it by hearing many needed Second Amendment Rights cases amoungst such are cases over High Capicity Magazines Bans and Semi Automatic Firearms Bans incorrectly, Arbitarally refered to as “Assault Weapons”.

    11. It s nice to see that I am not the only one who feels so strongly about my rights . God given no man should be able to have the power to take them away.I fear the motivation behind all of this isn’t just the simple minded liberal,but the global elites and the u n . If our guns disappear, tomorrow there will be u n soldiers on every street corner in America.

      1. They are everyday. These a
        Jerks think they have some right to tell us how to live our lives because they got more votes. Stupidity

      2. Travis Hulse: Your fear is well-placed and appropriate; that is the full-on intent of the Marxist insurgency chipping away at our Rule of Law form of government since COMINTERN in 1925. We are the only nation on the planet, and the first in over fifty centuries, to be founded on the principle of liberty under the rule of law instead of tyranny under the rule of man. The tyrants of the world cannot stand to not be regarded as our “rightful masters;” it chafes their butt. While the insurgency is Marxist, the tyrants don’t care about political ideology; they don’t care what ideology is in place as long as we let them run it — Marxist ideology in the guise of Socialism, operating under the brand called “Progressivism,” is what the doofuses are buying, so that is what they are selling.

        The right to keep and bear arms is the birthright of every human being, but the USA is the only nation on the planet in which government is FLATLY PROHIBITED by our founding documents from interfering with that right. Tyrants and other criminals can’t stand that. It prevents the genocides that have occurred nine times in the last 100+ years in socialist, fascist, totalitarian nations. Socialism cannot support a population in which even a small percentage doesn’t work, so those who can’t work, won’t work, or cause dissent must be eliminated, and those left work with a gun to the back of their head.

        Our right to keep and bear arms is the only thing standing between us and tyranny. Every man and woman should be armed and trained to arms, and extremely importantly, don’t forget ammunition: The average firefight uses up 500 rounds of ammunition. Stock up, because a fight is coming.

    12. The problem with any magazine capacity ban is that weight and volume differences are negligible between different sizes of magazines, and they’re designed to be easy and quick to swap out. You can find any number of YouTube videos that show just how fast a magazine change can happen — it’s blink and you missed it fast.

      So why are the anti-gun nuts so hot for the idea of magazine bans? Not all of them are so ignorant as to believe they’ll have any effect on much of anything. No, this is one of those Baby Steps Senator Feinstein referred to in her 1995 interview on 60 Minutes. First they’ll ban ‘high capacity’ magazines, then they’ll ‘discover’ that the real problem is guns that fire every time you pull the trigger once and breathlessly bleat about how we need to ban all semi-autos and once those are gone, they’ll move on to any gun that can contain more than a single round of ammunition at a time.

      That then leads to the ‘discovery’ that single shot firearms are mostly useless for anything beyond target shooting, so we ‘obviously’ don’t need a protected right to own mere toys. So then they’ll be totally banned. Except it won’t really be a total ban — important people, government agents and the wealthy will still be able to arm themselves, no peasants allowed.

      1. MAG SWAPS ARE FAST AND EASY, BUT NEVER LEAVE AN EMPTY MAGAZINE ON THE GROUND, IT WILL BE USED AGAINST YOU LATER!

        IF YOU FINALLY RUN OUT OF AMMO, SAVE A BULLET…SHOOT THE NEXT TRAITOR AND TAKE THEIR GUNS…KEEP SHOOTING!

    13. “A well regulated Militia, being necessary to the security of a free State… ” There, fixed it for you, the part about the State Militia needing to be regulated. Well regulated. The tide is turning, get used to it.

      1. Educate yourself on what the word “regulated” meant when the 2nd Amendment was written and passed. THEN come back to us and we can enter an informed, educated, discussion.

      2. Petra Spahr,

        By your baised arrogwbt answer you obviously no nothing about the fact of tge chsnge in wordage overvhubdredscof years.

        Languages change every 5 years. Meanings change, new words are added and old ones are dropped.
        For instance many years ago the word “Gay” meant “Gleeful or Happy”.

        It was only within the last 35+ years that the words Gay was reapplied to infer definetion meaning for homosexual sexual orientation.

        In 1787 American English meaning the Words of “Well Regulated” meaning was that of having weapons and equipment of a Standard Well Regulated Condition which in modern 20th and 21st Century American English translates into “Military Specification or ” Mil Spec”.

        The Framers of the Constitution would not contradict themselves.
        Stop with your erroneous misinformation.

        1. @Spirit, PS is working awfully hard to get a response. Low level propagandists that earn their living by getting responses need money for Christmas, too. I am not going to help them. Merry Christmas to all patriots and a happy new rifle!

          1. Yes indeed Wild Bill, I wonder who’s paying her to spred lies and misinformation Neo Communist propaganda?
            We shall bring forth the Truth!
            My SF Auto correct is messing up at times.

            Merry Christmas, Merry Christmas to All and Down with Neo International Socialism!

      3. The Second Amendment is all about the unorganized militia, similar the the Colonial Minutemen. The Congress held control of the paid, uniformed state militias in Article One, Section 8.
        Patrick Henry and others objected that a militia paid and controlled by the government was no protection for and of the people.
        Patrick Henry spoke out in the Virginia Ratification Hearings and his words can be found in Elliot’s DEBATES. I wob’t quote all of his speeches, but one stands out.
        Henry said that the organized militia would desert the people and fight against the people in order to keep a tyrant that was paying their wages. In one place he said, ” Your militia will desert you and make him a King. What will then become of you and your rights?”
        The phrases, “well regulated ” means adjusted to function or equipped and trained to do the job… Today we get a car tuned up, jewelers used to regulate watches and gunsmiths regulated double barrels to shoot to the same point.
        The term “well regulated” was defined in law by the first Congress in the Militia Act . States also “regulated” the militias equipment that each person was required to provide and specified regular musters for inspection of that equipment. Marching drills and shooting was required “on the county green.” [ Park, which is why most towns have a park today]
        From the Virginia Constitution
        “There shall be a private muster of every company once in every month, except the months of January and February, at such convenient time and place as the captain, or next commanding officer, shall appoint, and a general muster in each county, on some day in the months of April and October, in every year, to be appointed by the county lieutenant, or other commanding officer: For notifying the time and place whereof, the captains, or next commanding officers, shall have power to order so many of their serjeants as they shall think fit to give notice to every person belonging to the company of the time and place of such general or private muster, as the case may be; and if any serjeant, so appointed, shall fail in his duty, he shall forfeit and pay forty shillings for every such failure. Every officer and soldier shall appear at his respective muster-field by eleven o’clock in the forenoon, armed or accoutred as follows: The county lieutenant, colonels, lieutenant colonels, and major, with a sword; every captain and lieutenant with a firelock and bayonet, a cartouch box, a sword, and three charges of powder and ball; every ensign with a sword; every non-commissioned officer and private with a rifle and tomahawk, or good firelock and bayonet, with a pouch and horn, or a cartouch or cartridge box, and with three charges of powder and ball; and, moreover, each of the said officers and soldiers shall constantly keep one pound of powder and four pounds of ball, to be produced whenever called for by his commanding officer. If any soldier be certified to the court martial to be so poor that he cannot purche such arms, the said court shall cause them to be procured at the expense of the publick, to be reimbursed out of the fines on the delinquents of the county, which arms shall be delivered to such poor person to be used at musters, but shall continue the property of the county; and if any soldier shall sell or conceal such arms, the seller or concealer, and purchaser, shall each of them forfeit the sum of six pounds. And on the death of such poor soldier, or his removal out of the county, such arms shall be delivered to his captain, who shall make report thereof to the next court martial, and deliver the same to such other poor soldier as they shall order”
        https://www.encyclopediavirginia.org/An_act_for_regulating_and_disciplining_the_Militia_May_5_1777
        The Second Amendment is all about private citizens being able to form an unorganized militia to oppose a tyrant.
        That is why Patrick Henry demanded a Bill of Rights. A State Militia might become the agent of a tyrant.

    14. There is only one legitimate level of scrutiny available to a lawful Supreme Court: “Strict scrutiny.” If a case before the court does not rise to a level requiring strict scrutiny to protect the inherent rights of every human being, then it does not rise to a level requiring SCOTUS attention. Furthermore, no State government has the authority to interfere with the right of every citizen to keep and bear arms — any personal defensive arms, anywhere the citizen has a right to be, openly or concealed — and so-called “States’ rights” have nothing to do with it: The States ratified the U.S. Constitution, and Article VI Clause 2 of that document binds the judges in every State to the U.S. Constitution as amended and to the federal laws in Pursuance thereof. Enforcement of gun control laws at any level of government is illegal and a perjury of the oath of the enforcement officer and the legislator he rode in on, as well as the Statehood Enabling Act of the State government.

      1. Totally agree with your analysis. The 2nd Amendments’ placement within our U.S. Constitution is in the second position for good reason. It is there to protect the 1st Amendment, our right to free speech, before it. Without the 2nd Amendment, we no way to protect the first or our other Amendments which follow it. The writers knew this better than we do, that it is why it holds the second position. When the 2nd Amendment falls to statism, America ceases to be America.

    15. The American People was sold out to the Federal government in the 40s since then they have made over 3500 Law’s against the American People, I will say that makes us All Slaves to the Federal government!!

    16. While I agree that these Judges are not acting in good faith to the constitution. I think talk of hanging or worse ruins the argument. Is this the thinking of the web master too? I love my 45Mag and would resist an attempt to have it taken from me but come on people your feeding the fear that these people believe of us

      1. @Keith, Those people are feeding my fear and I am in the company of the founding fathers. If these unconstitutional judicial decisions, bureaucratic “rules with the force and effect of law”, other federal and state statutes, and the people that make and enforce them are allowed to stand, we will no longer be free people.
        Your individual resistance will be characterized as a crime, and do nothing to preserve anyone’s rights. It is not up to us to stop, so that they feel comfortable. They will never change their minds, no matter how comfortable they feel. It is up to them to stop or us to stop them.
        Merry Christmas, Patriots.

    17. These collage educated people need to go back to grade school what part of shall not be infringed it is that simple if I don’t do my job correctly I would be fired how can they do this every day and get away with it these characters think they invincible fire them all and start over

      1. So, put your kid on hormone blockers and only make guns available for criminals, we should al vote Communist? See, everyone can play that game, Skektek

    18. Nice to see some in our country know the constitution and can converse about its contents intelligently. Schools don’t teach civics any more; I wonder why? Corporate united states wants slaves for business not sovereign intelligent creative citizens participating in governance and growth, as the Maker and Founders intend. Thank you, folks, for feeding my faith in humanity.

      1. Schools don’t teach civics any more because the covert Marxist insurgency we have endured since COMINTERN in 1925 has succeeded in their efforts to remove such programs from the public school system to make passionate, uneducated, frankly ignorant doofuses vulnerable to seduction by the apparatchiks of totalitarian socialism. This is why we now have “Ban Assault Weapons Now” (BAWN), who will block any commenter trying to educate these doofuses, and March For Our Lives, which has now been pretty much dominated by posts explaining the stupidity and counter-productivity of their fascist/liberal-sponsored movement.

    19. THE TIME HAS ARRIVED, TO FULLY EXECUTE OUR TRAITOROUS GOVERNMENT!
      GOVERNMENT SERVES NO PURPOSE OR NEED ANY LONGER, IT HAS BECOME A MONSTER, AND IS CHEWING AWAY VAST PORTIONS OF FREEDOMS OUR HERITAGE DIED TO DEFEND!

      GOVERNMENT MUST DIE!

    20. The time is fast approaching that the judges who think that our rights are a privilege granted to us by the government be dragged from their lofty benches and hanged in the streets.
      To try and say that somehow one right is a primary right and another in that same document is not, give us just reason to eliminate these traitors. Judges are suppose to rule on the laws not make laws from the bench. The second amendment is not just about protecting our homes, it’s not just about hunting, its primary purpose is to ensure that the government can never ever be able to dictate to the people. It’s to ensure that the people have the means to take our government back from those who would try to enslave us.
      When that time comes to start taking our government back the first to be eliminated should be the corrupt traitor judges then the lawyers, then the same corrupt politicians that have worked so hard to deprive our citizens of our rights.

      1. WELL SAID Thomas, and the thing is this, none of them think THEY can be reached or touched HOW WRONG THEY ARE..
        because WHEN THE SHTF, NONE OF THEM CAL FIND A SAFE PLACE TO BE,

        1. Agreed. Constitution allows for impeachment of any and all civil servants if needed or appropriate. Somehow judicial branch thinks they ate immune. I don’t think so. The constitution says whay it means and means what the words say.

      2. Nothing new. Government infringing on citizens rights. Citizens complain and say it’s time to do something about it. Reality is citizens won’t do anything because there is no real organized folks to launch the so called “fight for our constitutional rights”. Sure there may be citizens that may be ready but none of them know how to lead such a thing. Otherwise the movement would have initiated full force by now. Most would say it’s a little too late. One thing is for sure, each day that passes by without citizens doing anything about this is certainly getting them closer to their goal and one day we will all wake up and for sure be too late.

      3. Very well said Thomas and the only thing I might add is when the 2nd Amendment also says these may not be infringed on, I believe that also apples to these judges that espouse these incorrect directives..

    21. For example other states grow in favor of the legalization of controlled substances as the federal government chooses not to recognize or warrant banking of profits collected we are forced to seek other governments foreign and domestic for support this includes corporations who’s intest is invested.
      The same will hold true as with any law the federal government chooses to apply. It is only as good if it is enforced.
      Laws are only words until that time.

    22. Those who seek to disarm the American citizen work for those who would enslave us, kill us, or both. History shows no exception.

    23. Shall not be infringed.

      These are not ” Judges ” they are administrators of a foriegn owned for profit corporation. What they say and do is irrelevant if you are not their subject which most of you are not.
      A ” citizen ” is a subject . Who are you a subject of ? If we have a ” Republic ” form of government then all govdrnment is a subject of us, the people. Our servants take an oath to uphold ” The Constitution ” ..but which one ? There are at least 3. The original 1789 is the one you all believe is the one and only…not so. If it was every elected politician, most of the officers in the milotary, all judges and every BAR Attorney would be executed for Treason, and you all ask how can this be ? Mainly because you blindly trusted something you thought was your government. It was and is not. Your government has been in abeyance since 1865. Non of you ( us ) botheted to govern ourselves and believed the lies that we have been fed for generstions while they have stolen our wealth, names, children and souls.
      Wake up, find the truth and courage to confront what we have allowed. You know something is wrong when….an american affadavit of probable cause..by AnnaVon Reitz and James Belcher…$20 on Amazon..$2.99 for the ebook….read it, then lets start fixing this mess.

    24. If we stand by and let the 2nd fall, all others will quickly follow. Only fools think otherwise! Once the government can disarm the populace, they can control us! Remember, they work FOR US, not US for THEM!

    25. Anonymous 3523: Must we really, for more than the hundredth time, explain here the difference between a privilege, which can be granted or denied by governments, and inherent Rights, which cannot? Nope, do your own homework and look it up!

    26. ” The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here.”
      Without writing three big books Justice Scalia was wrong, self-defense and Judge Bibas was wrong . Such right to self-defense was so common and expected that it was included in the Ninth and Tenth Amendment catch-all.
      The core of the Second Amendment is wrapped up in the words “security of a free state” and Patrick Henry’s objections to the Constitutional draft of 1787.
      Henry was against ratification because the rights of the people were not protected by Article One, Section Eight’s militia provisions that put the control of arms in sole control of the Congress.
      Today almost half the people in the nation do not trust the Congress. Congress has members who seek to repeal the Second Amendment, search your bedroom and check your social media pages to see if you can be trusted with speaking, voting or owning arms.
      The “security of a free state” requires that the people be able to form an un-chartered, non-sanctioned militia to oppose a tyrant.
      Henry spoke about the state militia deserting the people because Congress paid their salary.
      Henry insisted on an unorganized militia, able to provide its own arms that could deter or depose a tyrant.
      The 1939 MILLER Court said all they knew for sure about the Second Amendment was that when the militia rallied they were expected to appear bearing their private military arms.
      The Declaration of Independence says the people have a right and a duty to oppose a tyrant and to take up arms if necessary to preserve freedom.
      That is the CORE, an independent check on tyrants. That is why these government agents want “gun control” because they have plans that they cannot do if there remain armed citizens.

      1. very well said.
        and people were carrying their arms way before this nation even became a country
        neither the Congress, Senate, Judiciary, or President has the ENUMERATED CONSTITUTIONAL POWERS TO DISARM OR CONFISCATE THE FIREARMS FROM WE THE PEOPLE.
        and THE PURPOSE OF OUR 2ND AMENDMENT IS TO STOP THEM JUST FROM TRYING THAT WITH OUR ARMS.
        BECAUSE AS WE SEE TODAY, THEY HAVE BECOME TYRANNICAL RUN AMOK TRAITORS WHO WANT TO DICTATE AND TRY AND TELL US THAT OUR RIGHTS ARE PRIVILEGES FROM THE GOVT, WHEN OUR RIGHTS COME FROM GODS NATURE LAWS, AND TO BE PROTECTED BY THE BILLS OF RIGHTS AND CONSTITUTION THAT IS SET LAW.

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