U.S.A. -(AmmoLand.com)- Across the nation, COVID-19 is exposing all manner of tyrants, with mayors, governors, and judges believing their powers are without limitations. This is exceptionally true with Obama appointee Judge Andre’ Birotte of the Federal District Court in the Central District of California. He recently denied a temporary restraining order (TRO) to prevent local governments from closing gun stores. The TRO was requested by several 2nd Amendment organizations in response to both the City and County of Los Angeles’ inconsistent actions regarding what businesses are considered “essential” and which are not.
In essence, Birotte ruled that it’s okay to ban the possession (and acquisition) of guns for some people as long as you don’t ban it for all people, as this would be a violation of the landmark case, Heller v. DC. The judge came to his conclusion by using the judicial “balancing test” of “intermediate scrutiny” which in this case GOC believes to be illogical and flawed. In fact, in the Heller decision, the late 2nd Amendment giant, Justice Antonin Scalia strongly warned against using such judicial balancing tests.
Moving beyond the “legal-ese”, what does this mean to gun owners throughout California and the nation? It’s absolute evidence that battles in the courts must continue in order to hold reckless judges – and power-hungry mayors and government officials to account. If they aren’t going to heed what they should have learned in high school civics regarding the Constitution, then they will learn it through legal action.
GOC will continue to be engaged in this process – to make certain that every law-abiding citizen in the state of California has the ability to buy a gun to ensure the safety of their families and homes. And following up on last week’s communication with Governor Gavin Newsom, he has yet to respond to our official letter noting the federal Cybersecurity and Infrastructure Security Agency’s amended guidance that designates the firearms industry as essential. Newsom’s executive order had left the authority to close gun stores to local law enforcement agencies and further indicated he would follow recommendations from CISA.
About Gun Owners of California:
Founded in 1975, GOC is the oldest pro-gun political action committee in the United States of America, having been at the forefront of the battle since assaults on the 2nd Amendment began. It is a 501(c)4 non-profit and operates exclusively from membership contributions and donations. Visit www.gunownersca.com for more information.
Hit him with arrest papers and removal from office as he is /has broken Federal Law and his oath. UNITED STATES CODE TITLE 18 – CRIMES AND CRIMINAL PROCEDURE PART I – CRIMES CHAPTER 13 – CIVIL RIGHTS § 241. Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more… Read more »
Will, How much does your subscription to AmmoLand cost you?
Turn on your pop-up blocker if it upsets you that much.
Liberals will never let a crisis go to waste, and in this case they are using the ‘pandemic’ to strip the citizens of their 2A rights. What will the next crisis be, an outbreak of ‘gun violence’?
@Joe, Well, then … we must not ever let a crisis go to waste, either!
You American Patriots in what is now The peoples Republik of Kalifornia just keep dragging these Communists into court and it will finally be resolved in your – and America’s – favor in the Supreme Court. Keep the faith and keep the pressure on! WE WILL BEAT THESE COMMUNIST CREEPS!!!
Looks to me like California has one of two choices form and arm their own state militia, and keep the stores open. Or vote these draconian, fascist out of office. I guess actually they could use both, since the liberals have now tried to buy their own firearms and realize they’ve been lied to all these years about how easy it was to purchase a gun.
Activist judges such as Birotte are obviously bent and incapable of balancing fairness under the law. If they cannot be fired, they must be somehow otherwise held accountable for their actions.
Since firearms related businesses have been declared critical by the President, and since we have a Second Amendment in the Constitution it would be interesting to see U.S. Marshals making ARRESTS of the officials who are pushing for illegal, un-Constitutional inroads on our rights under color of authority. Interesting.
Morrigan . . . I fully agree with your post. However, do not hold your breath until this happens!
Since when did we have to teach crooked judges the Constitution by lawsuits? These people know what they can get away with and will risk litigation because there are no punishments for ruling incorrectly. Until there are real consequences for their actions, this will be business as usual.
@MJ, But there is good news, too. This just in: “Trumpist Judge Launches Holy War Against Government David R. Lurie The Daily BeastApril 14, 2020, 8:45 AM Donald Trump’s allies are turning the battle against coronavirus into a culture war by claiming that social-distancing rules are a government attack on Christianity. The Department of Justice announced Attorney General William Barr is poised to sue states that limit the ability of parishioners to pray together in the midst of this pandemic. And a judge recently appointed to the federal bench, who Trump may be grooming for a Supreme Court nomination, is now… Read more »
@wjd, She hates the Constitution and the notion of following the Constitution, so much, that she will die in her chair.
Between this Judge and Rep Santiago, California gun owners are screwed.
Anti-Constitutionalist’s=Anti-Americans=Enemies of the United States…
RJL . . . YUP!!!
A group of citizens should go and do a CITIZENS arrest on this Judge, he/she doesn’t have the authority to do this, matter of fact they are breaking Federal Law and Constitutional Law.
U.S.C. Code- Section: 241-242.
Enough of this Fascist BULLSHI*.
Are a nation of LAWS?, if not lets all start breaking THEM.
And there lies the problem. Judges are never held to account for BS rulings. Now if they actually were, we wouldn’t be down this road AGAIN & AGAIN & AGAIN. They can get away with trampling on your rights & nothing happens. Maybe if they lost their jobs after a 3 strike rule. 3 cases overruled by a higher court could possibly be a solution. Maybe more people would pursue a higher court hearing also. Fix the courts the rest will follow.
Terrible. Activist Judges and the sock puppets who run these towns and cities need to be removed from office and sued and prosecuted into oblivion for violating the constitution and failing to adhere to their oath of office. Like these POS actually believe in the Oath to begin with.
Seeing as the Dems, will form a new commission at the drop of a hat, I think Trump should form an emergency Treason commission.
You need to listen to yourself… Jews taking orders from nazis? You make me ROFL!!
No, that is not George Soros. His name was Oskar Groening and he passed away just recently.
Well I hope GOC starts by impeaching that fascist judge. There’s no provision in the Constitution for the suspension of Rights in times of war or public emergency; he has violated his OATH and therefore must be removed!!