Anti-2nd Amendment Jurisdictions Routinely Ignore the Law of the Land ~ VIDEO

Opinion

USA Flag Cracked Concrete Constitution Crisis Goverment iStock-Paul Campbell 977454982
iStock-Paul Campbell

New York – -(AmmoLand.com)- To both proponents of the Second Amendment and its detractors, Heller is known for its salient holding: that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. No one has any doubt about that holding whether one accepts the truth of it or not.

It is the central holding of Heller and it is a broad ruling; no question about it. This is as it was always meant to be, and the Heller majority opinion says this clearly, succinctly, and categorically. And the Court meant for this holding to have universal application—applicable to every jurisdiction in the Country.

Moreover, contrary to what some say or wish to believe, this central holding of Heller is consonant and consistent with the plain meaning of the language of the Second Amendment. The language of the Amendment does nothing more than codify a fundamental, unalienable, illimitable, immutable, natural right that exists intrinsically in every person. The one odd thing about the Heller case is that the High Court would have to point this out at all.

Even so—

All too many Courts blithely ignore Heller’s holding notwithstanding they are all dutybound to be mindful of and rigorously adhere to the import of it when reviewing government actions that target it.

The implication of Heller cuts across and into all government actions directed against the application of the right embodied in the Second Amendment.

These Anti-Second Amendment Courts merely rubberstamp unconstitutional government actions when they should be striking down government actions that, on their face, infringe the core of the right of the people to keep and bear arms.

But there are other holdings in Heller that Anti-Second Amendment proponents and other “neutral” Americans miss.

Unlike Heller’s paramount and broad holding pertaining to the universal nature of the right of the people to keep and bear arms as an individual rather than as a mere collective right, there are other seemingly “narrow” holdings in Heller.

These additional holdings address the District of Columbia’s actions concerning handguns and the right of the people to have immediate access to them in one’s own home, for the purpose of self-defense.

The New Jersey gun bill, S. 3757, if enacted, would preclude a gun owner’s immediate access to a firearm for self-defense in the gun owner’s own home. On its face, NJ S.B. 3757 mirrors the major import and purport of the D.C. law that the Heller Court struck down as unconstitutional. Justice Scalia, writing for the majority, said this:

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.”

But is this seeming narrow holding, directed as it is to the District of Columbia, truly meant to be confined only to the District? Or, is it a broad-based, universal holding, applicable across the board, to every jurisdiction in the Land even as the High Court addressed the language of a law enacted by the District of Columbia that could only apply to the District?

Assume for purpose of argument that this holding is meant to be confined to D.C. This isn’t to suggest that, if the New Jersey’s gun bill were enacted and someone were to challenge its constitutionality on appeal, the High Court would find the New Jersey law to be constitutional when the District’s law wasn’t.

With the conservative wing in the majority, New Jersey’s gun bill, if enacted, would be summarily struck down, as patently illegal. No question about it.

But who knows if the High Court would ever hear the case? Likely it wouldn’t, presumably because the New Jersey gun bill is similar to the D.C. law that was struck down. The New Jersey Legislature knows this. Very few cases make it to the U.S. Supreme Court for review.

The New Jersey bill, as law, would be inconsistent with the D.C. gun bill but would be enforced by New Jersey anyway, unless or until it was struck down.

Consider longstanding unconstitutional gun laws such as New York’s notorious “Safe Act”—which, itself, merely expands on unconstitutional laws going back decades. And the New York Legislature still expands upon the “Safe Act” slowly and inexorably engulfing and dissolving the whole of the Second Amendment.

The “Safe Act” is, as we have expressly said, not the finalization of the work of Anti-Second Amendment zealots, but a work in progress, building upon the notorious, discriminatory Sullivan Act, enacted over one hundred and ten years ago.

And while there have been challenges to New York’s gun laws through the century, following upon enactment of the Sullivan Act of 1911, look how long it took for the U.S. Supreme Court to accept review of a major challenge to New York’s firearms’ licensing scheme. The case is New York State Rifle & Pistol Association, Inc., vs. Petitioners vs. City Of New York, commonly referred to and known as the New York City Gun Transport case. That case was decided in 2020, and it did not meet expectations.

The liberal wing of the Court, along with the ostensibly conservative wing Chief Justice John Roberts—who, it seems, cajoled the Trump nominee Associate Justice Brett Kavanaugh to go along with him, adding a crucial fifth vote—emasculated the Gun Transport case. Justices Thomas and Alito were justifiably outraged.

The High Court majority refused to review the case on the merits, thus allowing the massive, bloated, convoluted, confusing gun licensing edifice to remain intact.

How much more damage can Anti-Second jurisdictions and the Harris-Biden Administration do to the Second Amendment before a decision in Bruen is published? Even today, we can see the stirrings of unrest among the anti-Second Amendment proponents.

Using propaganda to focus the public’s attention anew on guns, the corrupt and senile messenger boy for the Marxists and Globalists is attempting to drum up public support for new assaults on the Second Amendment. Resurrecting the Sandy Hook Elementary School incident, Biden said, as reported by The Hill:

“‘As a nation, we owe all these families more than our prayers. We owe them action,’ Biden said in a video message released by the White House.

He said the Senate needed to quickly pass three House-passed bills, one to extend background checks, another to keep guns out of the hands of abusers and his Build Back Better act that includes a $5 billion investment in community violence prevention and intervention.

‘I know our politics are frustrating and can be frustrating and it’s particularly frustrating now. But we can’t give up hope, we can’t stop,’ Biden said.

The president mentioned the school shootings in Parkland, Fla., in 2018 and in Oxford, Mich., last week, adding that similar shootings occur in Black and brown communities every day.

The White House unveiled a fact sheet on Tuesday on the work the administration has done to combat gun violence, touting executive orders from the president to reduce the proliferation of ghost guns, which are untraceable guns assembled using parts bought online; regulate stabilizing braces used on firearms and help states enact red flag legislation, among other things.

It also noted that local governments have used funding from the American Rescue Plan, which Biden signed into law in March, towards community violence intervention and hiring more law enforcement officers.

When asked if there are any conversations about a filibuster carve-out to pursue gun legislation, a senior White House official didn’t comment directly.

‘I think the president and the direct to camera really speaks to this issue in an impactful way. He shares in the frustration with gun safety advocates regarding the lack of progress made in Congress, and he also talks about the progress made in the past,’ a senior White House official said, referring to the video released on Tuesday.

In the video, the president called Sandy Hook, which occurred during the Obama administration when he was vice president, ‘one of the saddest days we were in office. . . . We have to keep up the pressure.’”

This is more than just a veiled threat.

The Harris-Biden Administration is preparing a major assault on the Second Amendment, in part to deflect attention from Biden’s dismal poll numbers—hoping that most Americans will support a campaign to destroy the right of the people to keep and bear arms. But it is a dangerous gamble that can backfire. The Neo-Marxist and Neoliberal Globalists know this but figure they have no choice given the 2022 Midterm elections that they must prepare for.

The economy is in tatters. Foreign and Domestic policy is in complete disarray. Geopolitically, militarily, economically, socially, politically, the Country is in the throes of chaos. This is just as the Deep State Destructors of the Marxist/Globalist agenda intend, but they must convince the American public that the Nation is on the right path, “to build back better.”

One must wonder who dreamed up that imbecilic slogan. It sounds oddly like the slogan in the old Burger King commercial: “the bigger the burger the better the burger. . . .” And that is what the Destructors of our Nation and their puppets are doing: grinding our Country, its people, and our freedoms into hamburger meat.


About The Arbalest Quarrel:

Arbalest Group created `The Arbalest Quarrel’ website for a special purpose. That purpose is to educate the American public about recent Federal and State firearms control legislation. No other website, to our knowledge, provides as deep an analysis or as thorough an analysis. Arbalest Group offers this information free.

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Arizona

1) FJB. 2) Dementia Joe can ESAD. 3) All gun laws are unconstitutional infringements without any force of law, as they are repugnant to the Constitution and SCOTUS has already ruled on laws that violate the law of the land. 4) They may try to claim he has authority, but the world knows he doesn’t have any at all, as he is illegitimate and so is the Ho.

Stag

All arms laws are unconstitutional and, therefore, violate the law of the land.

Rowboat

We all know that many political entities are operating outside the law of the land and ignoring our civil rights .
The question is ; what the hell are we gonna do about it ? Don’t tell me to vote the bastards out – you can see where that has gotten us.
We now have political prisoners being held, in solitary confinement on misdemeanor charges going on a year, without Habius Corpus and denial of bail .
What further evidence do we need that our government has gone rogue ?
Personally, I’m looking for a leader and a rally point.

Ansel Hazen

Think locally, not nationally. A rogue government relies on it’s minions to do it’s bidding. Cripple that ability on the local level and these tyrants become powerless.

Last edited 24 days ago by Ansel Hazen
Deplorable Bill

The second amendment is THE law of the land, any judge, legislator, lawyer or enforcer who operates against it is committing treason. Anyone in authority pushing anti second amendment bias is tyrannical that includes those who are funded by billionaires with communist ideals. Both tyranny and treason are capitol offences and all of those guilty of these crimes are liable for their punishment. Any free American citizen is due their right and obligation to keep and bear arms. If you are not in jail or the loony farm you have the constitutional right to keep and bear arms even if… Read more »

Arizona

Joe and the Ho should be covered in tar and feathers, as should 90% of Congress.

Deplorable Bill

Any, ANY court or sworn government official who goes against the people, the nation or the constitution they are sworn to defend is treasonous or tyrannical or both. I have seen police states and I have seen Marxist nations, neither work for the betterment of the people only for those in authority. Slavery. I once, long ago, was stationed in West Germany. The Berlin wall was still up. There were no happy faces to be seen east of check point charlie, only smoke stained buildings from WW-2. People risked their lives trying to get to the West. East Berlin was… Read more »

Ansel Hazen

Merry Christmas

Lock and Load.

Tank

Wow finally a decent article from someone who understands conceptually, fundamentally the principles of ROL, BOR & US Constitution.

Definitely nice to see other people critical thinking vs. Order Followers mindset or ruffian trolls that are here trying to interpret or conflate, obfuscate, prevaricate truth.

Bravura !

Last edited 25 days ago by Tank
Arizona Don

Could Build Back Better possibly be construed to mean the same thing as Fundamental Transformation?  After all both, it seems, mean to change the United States of America into something few if any asked for, even fewer understand completely, and no true patriotic American will accept at least peacefully. It is obvious to most Americans both intend to “transform” America into a socialist marxist (or communist) form of government.   The second amendment has no stipulations regarding a classification of who can and who can’t own and bear a firearm. This pertains to all the states for it is a national constitutional amendment demanding… Read more »

Rowboat

So what ? What you tolerate will continue.

JMC

What you tolerate you encourage.

Wass

When former SCOTUS justice, John Paul Stevens, said in an interview, and later doubled down in print: “The Second Amendment was a mistake by the framers”, anti-gunners were emboldened, even more than ever, to wage war on the whole concept of civilian gun ownership. You could cry 2A till your throat is sore, they just don’t give a damn. Worse, punishing the perpetrators of criminal misuse of guns, never gets a mention. Instead, the NRA (and, of course, all the other pro2A orgs) along with law-abiding gun owners get conflated with all gun violence. Any pro law-abiding civilian gun ownership… Read more »

Last edited 25 days ago by Wass
Wild Bill

I never liked Stevens. JPS, by making that statement, also accidentally admis that the Second Amendment is all powerful. If The Second Amendment were a little thing, it would not be a mistake.

swmft

Jim crow is still in goberment yessm bossman , , we need to get rid of illegals a good chunk of crime in south florida is drug gangs ,the imported central american ones fighting with the native black gangs; then there is the bad cops ,a hold over from the drug wars(machine gun battles in the streets is a war) boston had the combat zone south boston south florida was any where and every where

2gats

I don’t give a runny crap what the resident has to say.

f*** that retard

nrringlee

First things first. The Sullivan Act of 1911 represents one of the most exemplar progressive acts in history. It was racist, racially motivated and completely disregarded the enumerated protections of the Bill of Rights. That being said, one asks how can this happen in a Constitutional Republic? The answer is not so simple if you took your American History and Government in public school. You would not have heard about the Progressive Movement of the latter 19th and early 20th Century as a fundamental rejection of our Founding Documents. No, you would have heard a touchy-feely version of that silent… Read more »

JPM

The Constitution is arbitrarily and capriciously applied across the nation and in all jurisdictions, local, state and Federal by elected and appointed officials as they see fit to do so solely for their own benefit. Nothing new, it’s been this way for a long time under both Democrats and Republicans and will continue until enough people with balls decide to do something about it.

hippybiker

I had to cut off the video. It just makes me sick to watch that worthless Meat Puppet spout his warmed over Bull Scat! He doesn’t give a Damn about anybody but himself and his worthless, corrupt family of miscreants!

Patriot Solutions

135 republicans support fed flag gun confiscation

9o republicans supported Taps Act

14 republicans sign onto letter demanding the tyrant holding j6 prisoners be removed

Loomer says republicans loves them some islam

……………………..

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nrringlee

Why not. The Republican Party is a classical Progressive party to its core. All of the luminaries of the Republican Party come from that tradition. Progressives are all about control. Power. Elitism. Islam is a perfect totalitarian system. Why not sign up? The Bushistas lead the way.

Tank

The Smith-Mundt Modernization Act of 2012 which made propaganda/agitprop/gaslighting legal in the USA was introduced by a Republican. People who continually speak in platitudes about Repub. vs. Democrat or point their fingers at either side clearly aren’t critical thinkers who understand the playing field or how the Great Game of the Masonic Zionist Eagle system actually works. Two sides of the wings of the same Bird who runs the show. Just wanted to point that out to ruffian trolls here who cause derision & are a subversive element to those of us who already know how it really works. “Congressman… Read more »

Last edited 25 days ago by Tank
Patriot Solutions

Obviously, jester rulings are of limited value at best. With a decade or two in between favorable jester rulings the timeline stretches to a point where based upon historical evidence nobody here will ever see a 2A as it was intended to be even in light of plenty of
favorable 2A precedent over the past 200 years including the supreme precedent 2A itself.

A century of going with the flow to not rock the boat of complacency has devastating repercussions.

nrringlee

So true. We need a ‘reset’ but not the one Bill Gates and company (wet) dream of. We need a Convention of States, a reset of the Constitution and the federal leviathan. If we cannot do it via Article V then the Jefferson route comes in to play.

Wild Bill

If an Article V convention were called the entire BOR could be redacted or eliminated. Civil war would expose us to the territorial grabs by our closest neighbors and our overseas enemies.
How about we get Joe Manchin to change parties. And (or) win at the mid terms. Then elect a non-politician to the Whitehouse.

swmft

I think if they come down with a solid second is a right in june there will be BIG changes brought about by people suing over illegal arrests I will serve on juries if i can. ex dea usually means dismissed from service stomp the atf back to irs as revenuers no f or e

Wass

“A solid Second is a right” will be surely welcomed, but it’ll be only a beginning. Opponents of the 2A will never quit. When was the last time you saw a lefto correct himself or apologize when their bullshit is debunked? They think they’re better and right, and you can just GTH. I should know; I’ve spent nearly seventy years with them socially and in academe.

Rowboat

Let me see an upvote from all you paper tigers that are actually willing to go to civil war – typically, only 3 % of you would be ready to do battle. Or am I wrong ?