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Posts in '5th Amendment'

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...

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,...

New Year, New Laws, Same Absurdity

Welcome to the year 2015.  Along with the big party  and the personal resolutions there is yet another tradition that comes with the dawn of a new year.  January is often the time when laws from the previous year are enacted.  This year is no different. With the Federal Government this is the year where citizens will be forced to pay a fine if they do not yield to the governments dominion over their lives and purchase Obamacare. But of course that is not all, there are 3,541 new rules and regulations that rang in their first new year along with us in a register 78,978 pages long.    While among those 3,541 new rules and regulations there are plenty of personal infringements and undermining of small businesses, I want to focus on the new laws passed on the STATE level that are just awful.  So bad I question whether...

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...

Police in NY Demand Facebook Profile and PASSWORD When Applying For Permit

Once again Cuomo and his rights shredding legislation, the SAFE Act, has matriculated to its inevitable evolution, that of casting off any pretense that law abiding citizens have privacy, rights or freedom within the Empire State. In Watervliet, NY the police department is REQUIRING that petitioners for pistol permits hand over their Facebook profiles as well as their PASSWORD.  Would you like my pin# and a key to my safety deposit box at the bank too?  Heck, why don’t I invite you over on the night of my wedding and let you sleep with my wife all Braveheart primae noctis style. It’s getting to the point that I’m not even surprised at Cuomo’s corrupt administration and blatant disregard for the rights of his citizens.  Citizens…it’s also getting to the point that I wonder how long New Yorkers will even warrant being called that; for they are on the fast track to...

The Duplicitous Nature of Requiring Good Cause In Order To Exercise 2nd Amendment Right

DC has, because they were forced to by the courts, enacted legislation that allows people to get pistol permits in order to carry a firearm while in the city…sort of. Unfortunately the District looked to places like New York City and other rights infringing metropolitan areas to model there new program on.  And while they MAY be technically following the judges orders, it is akin to a childish tantrum in which a parent tells one child to stop touching the other so the belligerent child holds his fingers a hairs breath from the skin all while cackling “I’m not touching you, I’m not touching you.” As the Associated Press reports: “Mayor Vincent Gray and other city officials said they plan to propose legislation that would make the District of Columbia similar to a half-dozen states, including Maryland, where residents can be denied a concealed-carry permit if they can’t show...

NJ’s War on Women: Wife Beater Free While Single Mom Makes Wrong Turn Faces 3 Years

I always had a feeling that parts of New Jersey were just cesspools but the overt war on women that some people within the state are waging is just downright disgusting. Firstly, you have Ray Rice, who beat his wife unconscious in an elevator, dragged her out and left her head in the doorway in the tracks of the closing elevator doors as she laid there unmoving. Here is the video if you haven’t yet seen it:   (warming: it is vicious and graphic) How did Atlantic County prosecutor Jim McClain decide to proceed with this brutal case of spousal abuse?  Why, he entered Ray Rice into a pre-trial intervention program (PTI) for first time offenders and Superior Court Judge Michael Donio signed off on it, thereby sparing Rice from jail time. What are some of the benefits to the PTI program? If PTI is successfully completed, there is no record of conviction...

Gun Grabber Heads Implode as DC Ban Ruled Unconstitutional – All law abiding can now carry

Shockingly over the weekend a Judge ruled that “the right to keep and bear arms” ACTUALLY included bearing arms. In Palmer v District of Columbia, Federal Judge Frederick Scullin Jr. ruled that the Second Amendment existed OUTSIDE a person’s home.  With a decision so obvious I do wonder why it took 5 years to issue this decision.   Perhaps the five year wait had to do with Judge Scullin delving DEEPLY into both Heller v DC and MacDonald v Chicago to issue this resounding and total conclusion:  “there is no longer any basis on which this court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.” That wording is important.  According to the correct ruling of Judge Scullin, the right to bear arms is just as paramount as the right to keep them....

Is this treason?

At what point in the course of human events when it becomes necessary to dissolve the political bands and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, do we leave the notion of treason behind and embrace the liberty of revolution? Last week a man, Cliven Bundy made a stand.  He would not let the federal government illegally seize his property in a bid to have his livelihood and thereby his land stripped from him. In 1776 Thomas Jefferson wrote a little something that the preamble of this article artfully interspersed within itself, it was called the Declaration of Independence.  Now, most of us know WHAT this is…but do you know what is SAYS?  Not the catch phrases and buzzwords like “all men created equal” and “life liberty and the pursuit of happiness”...

Quo Vadis, America?

Quo Vadis translates to the question: Where are you going? It is also a 1951 film covering the ending of Nero’s Emperorship of Rome. As I watched this film I couldn’t help but see parallels of first century Rome and modern America, mainly in the leadership that both share. I have thought that President Obama was just a socialist tyrant but looking at his presidency through a Roman lens I wonder if he is not rather a raving lunatic who plays a metaphorical fiddle while America burns. In Quo Vadis, Nero doesn’t think himself a lunatic.  Quite the contrary, Nero views himself as a artist and his vision is being hampered by the ignorant masses who do not appreciate his “gifts.”  He is falsely bolstered by the sycophants around him and no one dares utter words against him lest they be banished or killed. Nero’s arrogance towards his people...

Common Sense Gun Laws Being Attacked By Gun Controllers

In Georgia, gun controllers are once again proving that common sense gun laws to them only include ones that seek to stamp out the 2nd Amendment completely. The gun haters are currently foaming at the mouth at HB-60 that is currently awaiting Governor Deal’s signature to be enacted into law. HB-60 basically tosses in a whole helping of common sense but the gun control zealots are once again doing their prognostication of blood running in the streets. Here are the highlights of HB-60: It allows CHOICE of private business owners on who they allow into their establishments Removes bars from the off limits list and treats them like every other piece of private property in GA in that the property owner has the right to eject a person from their property. Allows church carry if the church agrees to allow guns in churches and establishes up to a $100...

Hey Connecticut, 1933 Berlin called, they want their Gestapo back

The powers that be in Connecticut have decided that little things like the Constitution and Rights have no place in the (ironically named) Constitution state. When you have the Connecticut State Police spokesman, Lt. Paul Vance declare that anyone who voices opinions contrary to support of the new gun control law “sounds anti-American” one cannot help but hear shades of the Gestapo looking to root out any perceived opposition to the dictatorship. Here is a quote from Lt. Vance during a phone conversation with a woman whose husband received a letter saying he must turn in or destroy his weapons because the authority didn’t get the paperwork in time: “Ma’am, it sounds like you’re anti-American, it sounds like you’re anti-law.” According to Vance, if you are not lock step in line with the government’s oppression then you are Anti-American. When the caller, Ashley, responds to this notion by saying...

Another case where Gun Registration leads to Gun Confiscation

As a child, I remember watching the movie Red Dawn starring Patrick Swayze and C. Thomas Howell. The thing about that movie that really hit a chord with me was a scene when the Soviets had just landed and the commander told one of his lieutenants to go to the gun shops for they would have a list of all the guns owned by the people, thus making it easier for the Soviets to round them up. Now, while a work of fiction, the concept is sound.  If you make a list of everyone who has a gun, it’s easier for an oppressive authority to confiscate them when they don’t want you to have them. Unfortunately in America, this is not limited to the realm of fiction. I have spoken about he jackbooted thuggery of New Orleans Police when they went out and forcibly confiscated guns from citizens in...

Introducing the New York Legal AR-15 rifle and the man bringing it to the Empire State

Nestled in the mountains of the southern Adirondacks is a gun shop that is fighting tyranny by giving back the 2nd Amendment to it’s patrons. With the passage of the SAFE Act and the measures within that are a cross between draconian and byzantine, sporting rifles such as the AR-15 have been prohibited simply because they look scary though they have no functional difference between any other popular hunting rifle. But, instead of just sitting back and accepting a broad sweeping infringement upon the rights of New Yorkers, Rich Sehlmeyer, owner of The Gun Shop at MacGregors, has been waging his own battle against the SAFE Act by helping oppressed New Yorkers keep possession of the most popular rifle in the country. A little bit about Rich and his gun shop first.  A small family business that started a decade ago with just 20 rifles and 5 handguns, the place...

Justice Scalia reaffirms the need for the 2nd Amendment: “In times of war, laws fall silent”

Discussing cases with students at the University of Hawaii’s Law School, Supreme Court Justice Antonin Scalia found himself questioned with the High Court’s ruling back in 1944 that upheld the convictions of Gordon Hira­ba­ya­shi and Fred Kore­ma­tsu for failing to voluntarily give up their freedom and report to an internment camp without due process. Scalia’s response to the Court’s decision was this: “Well, of course, Kore­ma­tsu (court decision) was wrong. And I think we have repudiated in a later case. But you are kidding yourself if you think the same thing will not happen again.”  He then went on to quote Cicero by saying: ” inter arma silent leges” (translation: In times of War, laws fall silent) This tyrannical oppression of Americans of Japanese decent during World War II is not the only time that Justice Scalia has spoken on the dangers of usurping peoples rights under the auspices of national...

Peaceful Rebellion Catching Fire In Connecticut

Gun control zealots, empowered from feeding off the blood of young children, seized their moment to punish the law abiding citizens of Connecticut last year and passed pointless gun control legislation that did nothing to prevent gun violence. Rather, these ghouls who exploit tragedy and the death of young children for their own ends, hoisted upon the innocent, draconian measures that sought to strip the rights from citizens in order to make them subjects and more easier to control. I must admit, I had underestimated the people of the Constitution State, because rather than just bending over and taking it they have risen up in quiet rebellion against this tyranny and have simply said: “No.” The legislation of citizen control that was passed last year in Hartford required that citizens who owned sporting rifles or any magazine that held more than 10 rounds (aka MOST magazines), must have those...

Even when in my favor I reject the idea of “special” citizens – Gun Rights belong to all free Americans

As you have read in my past articles on NY’s SAFE Act, not only do I have a problem with nonsensical rights denying gun control, but I have as big if not bigger problem with the EXCEPTIONS to the laws that are given to politicians, the rich, the powerful and the police. Since I am not a raging hypocrite like my opponents I therefore will not support or encourage legislation that would make one class of people “more worthy” of a right than another. In Iowa, a bill has been proposed that will allow active duty military personnel to buy handguns without going through the arduous and Constitutionally unnecessary process of acquiring a permit. An Iowa house subcommittee passed the bill unanimously and now it heads to the House’s Veterans Affairs Committee. Currently in Iowa, atop the standard federal background check you need to meet “certain requirements” and PAY...