Posts in '4th Amendment'

Ninth Circuit Overturns ruling on Second Amendment Waiting Period

On 14 December, 2016, a three judge panel of the Ninth Circuit Court of Appeals reversed the District Court ruling in Silvester v. Harris. The Ninth Circuit held that a 10 day waiting period was a “reasonable safety precaution”.

Guns Brought Through TSA Subject to Confiscation, $100K Fine in Georgia

Starting June 1, 2016, any guns carried through TSA checkpoints in Georgia will be subject to confiscation of the firearm, a $100,000 fine, and up to a year in prison.

Let’s Talk About “New York Values”

New York Values are the statist, high taxed, government controls your life, religion is met with ridicule, guns only for the important people, do as I say not as I do, ultra liberal hypocrisy and nastiness that runs both New York city and to a lesser extent upstate.

A Smart Reply On the “Cost” of the 2nd Amendment

A conviction gets thrown out because a cop conducted a bad search? That’s unfortunate, but that doesn’t mean I have to be subject to warrant less searches. So too, is it true with the 2nd Amendment.

Texas Open Carry Stumbles At The Finish Line; Allows Police To Abuse Authority

Texas open carry has become a reality as has campus carry.  Those are great things.  I always found it laughable that, before the police in Pennsylvania were properly trained, some cops would harass me and other open carriers and say things like: “This is Pennsylvania, not TEXAS.” Well, Texas has finally joined the other 45 states that allow Open Carry. It by no means smooth sailing as Bloomberg and his cabal of astroturf supporters tried their usual shtick of fearmongering and deceitful propaganda, but to no avail this time. HB910 went to Gov. Abbott’s desk for his signature and he signed it into law on June 13th, 2015. Open carry becomes legal for all permit holders in the Lone Star state come January 1st, 2016. Why the wait?  I don’t know.  And yes, a permit-less open carry law would have been preferable. But where the law really stumbled was with...

Freedom From Federal Spying Takes Huge Step Forward

In a good day for Liberty in America, the illegal, invasive and unconstitutional spying program run by the NSA against US Citizens has been scrapped in part by the Senate failing to pass an extension. This, in large part, is thanks to Senator Rand Paul who filibustered against the extension of the program and brought the machinations of Congress into the light.  The People, who were the targets of this 4th Amendment violation via the bulk data collection without warrant, began to make phone calls and send letters urging their representatives to follow Sen. Paul’s lead and not extend the unconstitutional program. Of course, those who prefer to shred the Constitution in order to invade the privacy and keep tabs  on every American in the country were not as pleased. Senate Majority Leader Mitch McConnell for one bristled under the notion that Americans have a right to be free from...

After 3 Years Gun Owning Senior Wins Lawsuit Against Crooked Cops Who Stole His Firearms

It took three long years, but 75 year old Arthur Lovi finally had his day in court and the police department of Arlington Heights, Illinois were on the losing end of an $80,000 ruling. The story began back in 2012 when Lovi was diagnosed with high blood pressure linked to stress.  His doctor suggested he talk to a therapist to try a lower his blood pressure. Lovi, who was a helicopter pilot for the Air Force during the ’60s  talked to the therapist about his recent losses that he was dealing with. From the Daily Herald: Lovi told her about the loss that had been all around him the past few years: his mother, a 3-year-old granddaughter who drowned, a son-in-law lost to a drug overdose, and worst of all, his wife of 33 years. Cindy had died nine years ago, but to Lovi it was still raw. She...

NJ To Send 72 yo Retired Professor to Jail for Owning FLINTLOCK Pistol

Apparently even the gun controllers who claim that the 2nd Amendment only protects guns from the 1700’s are full of crap. In the gun control haven that is New Jersey, 72 year old retired English teacher and historical curio collector Gordon Van Gilder is facing a minimum of 3.5 years and up to 10 years in prison for owning a weapon that hasn’t been in vogue since George Washington crossed the Delaware River. On top of that, if convicted Van Gilder will lose his pension. So glad to see that New Jersey is ensuring that antiques remain out of the hands of collectors and that those collectors are both jailed and made destitute.  Once again gun control attacks exactly who it is intended to…the innocent and law abiding. The case springs from once again admitting ANYTHING to the New Jersey gestapo…I mean police force.  In November of last year Van Gilder...

Audio: Bloomberg’s Racist Gun Control Rant

It doesn’t take much scratching of the surface to get to the racist gooey center in many liberals.  The narrative for so long that America seems to have bought into is that the liberals are the ones who care for minorities while conservatives only care for white people. In truth, liberals love black people right where they are.  Bamboozle blacks and other minorities into thinking that they NEED the government, that they won’t be able to get a fair shake on their own, that the world is against them and they can only survive by suckling on the teet of government. But really, all that hoodwinking is a ploy to maintain a voting block that has kept the liberal wing of the Democratic party, and by extension the party itself, in existence.  Once blacks and other minorities realize that all the “help” that the government offers them is just...

Sensible Lawmaker Moves To Protect Gun Owners From Witch Trial Justice

During a dark time in this lands history (1692-1693) all someone had to do in order to get someone else burned at the stake, drowned or crushed to death was point at them and yell “WITCH!!” It’s shameful that after more than 3 centuries California lawmakers have brought back the practice of being judged guilty without due process. I’m speaking of AB 1040 which passed the state legislature last year which allows someone to point at a gun owner and yell DANGER and that gun owner will have their property stolen by the state. Evidence?  Proof?  No no no…we have someone hysterically yelling and pointing a finger; so in California we don’t need pesky little nuisances like due process and presumption of innocence getting in the way. As it stands now, any gun hating radical or gun control zealot can go to a cop and declare that a gun...

Empowered by the SAFE ACT, New York Gestapo At It Again

Once again, New York’s version of the Gestapo, drunk on their own power, has unconstitutionally seized the property of a law abiding citizen while filing no charges. Marc Weinstein is getting a modern day glimpse of what life was like in 1930’s Germany.  On February 25th 2014, the retired firefighter  got into an argument with his adult son.  Though tempers settled quickly, the police were contacted and arrived to a quiet and peaceful home. For some reason, though no one claimed a weapon was brandished, the police who responded to the call asked to not only see Weinstein’s weapons permit (show me your papers) but also demanded that he give them all of his REGISTERED firearms and ammunition. Once again proving that registration is just a con that gun control fanatics like Andrew Cuomo use in order to be able to seize firearms from law abiding citizens. Weinstein rightly refused to...

Police Can Now See Through Walls…Without Getting A Warrant

Technology is a wonderful thing.  It has made us able to disseminate information around the world in milliseconds, it allows travel in hours what used to take months, it extends our life expectancy and it heals wounds that would have been fatal before. So yes.  Technology is a wonderful thing…BUT there IS a trade off. That trade off comes with the loss of privacy and the erosion of rights. For each and every bit of ourselves that we submit to the digital age we lose an equal measure of privacy.  Over the years it has become such a common practice that we don’t even realize we are doing it anymore.  That leaves us conditioned to let things continue to slide and for the government to erode our rights. Gun Rights are no exception.  Every time we submit to a background check, ask the government for a concealed carry permit, have...

The VA Tries To Trick Veterans Into Adding Their Firearms To A Federal Registry

Any rational minded person understands that the reason you have a firearm registry is in order to make it easier to confiscate those weapons later.  I mean, a registry doesn’t stop crime, it doesn’t help solve crimes either unless someone actually LEAVES the gun behind, and it doesn’t make anyone safer. What it does do is give the Federal Government an EZ Pass on the highway of tyranny.  This is of extra import when it comes to military veterans as the Obama administration has all ready made it clear that  it views veterans as a terrorist subset of Americans. Case in point, Operation Vigilant Eagle, a program launched by the Department of Homeland Security in 2009.  Military veterans returning from Iraq and Afghanistan are being characterized as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.” How easy is it to...

Animal Kingdom Strikes Down Drones for Privacy (Video)

As police and government authorities are ramping up  their privacy invading abilities by using drones to conduct warrantless searches in clear violation of the 4th Amendment, or to just flat out SPY on people for no better reason to do so than they can, the spectre of Orwell’s “1984” looms ever larger. Of course, society is partly to blame, not only in the allowing of the death of privacy but also in its facilitation.  How many millions of people willingly divulge the intimacies of their lives on facebook, twitter, intstagram and the like? The idea of personal privacy as an inherent right and something to be valued is being eroded and is being equated to having “something to hide” or “untrustworthy” or that somehow not wanting your life readily available for public consumption makes you some kind of anachronism. Well, there’s at least one critter out there who isn’t...

Can’t Sleep? In New York They’ll Seize Your Guns For Insomnia

The inevitable erosion of the 2nd Amendment continues undaunted in the Empire State fiefdom of Andrew Cuomo.  The following story is a chilling reminder that the state will go to great lengths in order to strip you of your rights to keep and bear arms and will do so unabashedly by invading your privacy and violating doctor/patient confidentiality. Donald Montgomery was a Navy Veteran and a retired police officer with 30 years of exemplary service under his belt.  In May of 2014 after moving from his previous home in Rochester to Long Island, Montgomery was having some trouble finding restful sleep.  A common occurrence that afflicts people getting on in years but also one that is understandable in people who move great distances after living a long time in one area. Retired Detective Sergeant Montgomery voluntarily sought out help in order to get a handle on the insomnia.  Unfortunately,...

The Argument For Being Able To Legally Shoot Crooked Cops

The 2nd Amendment was highlighted in the Bill of Rights to ensure that citizens have the right to defend themselves.  For some reason over the years that has gotten watered down to defending themselves against petty criminals but it extends passed that to be first and foremost a defense against a tyrannical government and those who would exploit their position at the cost of a innocent persons liberty. A case in point is a situation that occurred back on Sept. 30, 2011 in Missouri.   Jason and Laura Hagan, who home school their three children, were the subject of an investigation by Child Protective Services alleging that their home was messy.  Take a second to let that soak in.  They were under investigation for having a “messy” home.  If that were actually true, how many of us would be under investigation?  No.  From the looks of it it would seem...

Judge Rules Cops Can Now Break Fingers To Compel People To Open Cell Phones

In another shocking display of jurist malfeasance, Virginia Circuit Judge Stephen Fucci has ruled that police can pry open your hands and force you to unlock your cell phone that has a fingerprint security feature. Not only is Fucci’s ruling an affront to both the 4th and 5th Amendments but is also shockingly ignorant. According to Judge Steven C. Fucci: while a criminal defendant can’t be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint. Here’s the rub though, with the advancement of technology, more and more things are going the way of biometric scans.  The logical conclusion to Fucci’s ruling is that any biometric lock, be it fingerprint swipe or iris scan can be searched without a warrant or permission or consent from the owner. This extends beyond...

IRS Sets Precedent For Governmental Gun Seizure Without Charges

In America we have this understanding that we are innocent until PROVEN guilty.  Unfortunately, a law concerning the Internal Revenue Service has flipped that notion on its head and it is a reversal of fortune that believers of 2nd Amendment should take notice of. Using the “Civil Asset  Forfeiture Reform Act of 2000” the IRS can quite simply seize a persons entire fortune without actually filing any charges against them.  It is up to the victim of the IRS to hire a lawyer and pay the legal fees in order to prove that their life savings are legitimate. Initially concocted under the notion of combating drug traffickers, gangsters and terrorists, the Act has been used mostly against law abiding citizens.  In 2012 for instance, 639 people had their assets seized, only about 1 in 5 of which ever led to any criminal charges.  That means 80% of those people...