Posts in 'Judicial'

Holder’s Hypocrisy Dance on Gay Marriage and Guns

Holder’s Hypocrisy Dance on Gay Marriage and Guns

Utah’s voters passed a resolution to not recognize gay marriages within their state.  Much like when California also overwhelmingly passed a similar resolution those on the losing side of the issue sued to have the will of the people overturned. Unlike California, the governor of Utah is not complicit the undermining of his own constituency’s voice and decided to fight the suit. Initially an activist judge, Roberty Shelby, ruled that gay marriages must be performed in Utah.  Roughly 1300 such marriages were allowed to go forward until the Supreme Court finally stepped in to place a stay on the ruling until the appeal of Utah was heard. This is where corrupt Attorney General Eric Holder and the Obama Administration decide to get involved. Eric Holder has released a statement saying that the Federal Government will recognize these marriages even if their state does not. Here is the video, take...
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Chicago politics loses another round to the Constitution

Chicago politics loses another round to the Constitution

The “Chicago Way” took another hit on the chin as a federal judge has ruled that Chicago’s end around to try and infringe upon its citizens right to keep and bear arms was unconstitutional. Gun Control advocates, never letting a right go unmolested had attempted to ban sales of gun within the city.  The city, mind you, that was the murder capital of the country two years running even though it had a complete ban on private citizens carrying firearms.  A city that in the month of August, with it’s complete ban on carrying a firearm had 52 firearm murders and 224 people being shot.  The city felt the need to further deny the rights of its citizens to defend themselves when the CCW issuance finally went into effect in 2014. By this they hoped to drive sales of legal guns as far outside of Cook County as possible...
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The Hypocrisy Of The 14th Amendment When Not Applied To Gun Rights

The Hypocrisy Of The 14th Amendment When Not Applied To Gun Rights

Once again an activist judge has disenfranchised the will of voters. This time in Utah, where voters in 2004 overwhelmingly voted to ban gay marriage, a radical judged cited the 14th Amendment as reason to usurp the ballot box to impose his own will upon the people of the Beehive State. Like in California before, the silly notion that VOTING should actually count for anything is a foreign notion to these radical judges. What is worse than their legislating from the bench is the hypocrisy of their reasoning. U.S. District Judge Robert J. Shelby declared in his ruling that the voter passed initiative declaring that marriage is defined as being between a man and a woman is unconstitutional based off of the 14th Amendment. My issue with using the 14th Amendment by radical judges is that they apply it unfairly, pushing forward their own liberal agenda while in the same...
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What I learned In Court: Don’t Facilitate Your Own Injustice

What I learned In Court: Don’t Facilitate Your Own Injustice

I found myself in traffic court in the cesspool state of New York (from that you probably can tell how well this is going to turn out ) recently to fight a bogus violation of turning left at an intersection on Halloween a little over a month ago. Why was it bogus?  Because on top of there being no sign hanging next to the traffic light (which was green at the time) the secondary sign that was at the left corner had been bent to face another direction.  Probably some Halloween hooligans up to some mischief. Regardless, I was unfamiliar with the road and made a seemingly legal left hand turn.  I was subsequently pulled over and ticketed.  The officer asked why I turned left and I said there wasn’t any sign.  His response was “They’re all over the place”. So, thinking I might have missed something I went...
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Private Gun Sales Are The Lynchpin of Liberty

Private Gun Sales Are The Lynchpin of Liberty

There has been much talk from gun controllers about “common sense” gun control measures such as closing the so called gun show loophole and outlawing private sales of firearms between two people. Or the meltdown gun controllers are having over the private sale of firearms via instagram. You can read that story at Girls Just Wanna Have Guns. There are some usually level headed people who are buying into the controllers bunk and ask me what my problem is with the government checking in on the transactions of private citizens. My answer is quite easy to digest.  The government cannot be allowed to know, track and record every firearm transaction made.  The sake of our liberty demands that the government have a blind spot. The alternative is that they know the quantity, quality and model of every firearm that every law abiding citizen possesses.  The government doesn’t need to...
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Death of the Fourth Amendment means danger to the Second

Death of the Fourth Amendment means danger to the Second

You will often hear me voice my disdain for violations of the Fourth Amendment, freedom from unreasonable search and seizures, as I believe that it is second only to the Second Amendment with regards to importance rights enumerated by the Constitution.  While the other rights are important, the 4th is supposed to protect us from warrantless midnight raids of secret police and from our person being molested by thugs on fishing trips hiding behind badges. In a pair of disturbing violations of the Fourth Amendment, we can see the groundwork being laid to erase the Fourth from the law books and in doing so attack the 2nd Amendment directly. The first case involved scrap metal worker David Eckert who found himself in the wrong part of town in Deming, NM and as a result was repeatedly and forcibly raped over a twelve hour period by doctors who were being ordered...
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A man’s home is his castle, except in Maryland. Man shoots intruder at 2am, gets charged with murder

A man’s home is his castle, except in Maryland. Man shoots intruder at 2am, gets charged with murder

US Air Force Tech Sgt. Matt Pinkerton shot an intruder in his home on September 13th just before 2am. That is not in question. Yet somehow, in Maryland, where Castle Doctrine does not exist by statute but rather only by case law, Sgt. Pinkerton is being charged with 2nd degree murder. The intruder, Kendall Green, had reportedly been harassing Matt’s wife, Jessica.  Green had been a friend who helped Jessica when her brother was in a coma after being involved in a accident while Matt was overseas. All evidence points to Jessica only maintaining a friendship with Green yet when he pushed for more she ended the friendship completely. Jessica has stated: Green had texted me sometime in July or August saying that he missed the kids, and Matt didn’t deserve us and that he deserved a chance. He wanted more.” Which brings us to an early Sunday morning...
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The hypocrisy of gun controllers and the fallout

The hypocrisy of gun controllers and the fallout

I just read an interesting article where political activist Adam Kokesh pled guilty to possessing a gun in DC. Adam Kokesh, the political activist who posted a video of himself pumping a shotgun near the White House, has pleaded guilty to weapons and drug charges. The 31-year-old Kokesh admitted in a D.C. Superior Court on Wednesday to charges of carrying a shotgun, possession of an unregistered firearm, and unlawful possession of ammunition. He also pleaded guilty to a separate charge of possession of marijuana. U.S. Attorney Ronald Machen Jr. applauded the conviction, pointing out that law enforcement officers put their lives on the line to protect national government facilities, landmarks and public servants working in the city. “Their jobs are hard enough without irresponsible people intentionally coming into the District of Columbia to brandish a loaded shotgun in the heart of the nation’s capital,” Machen said in a release....
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Oregonian Man Wins Lawsuit After Being Unlawfully Detained While On His Front Lawn Getting His Mail

Oregonian Man Wins Lawsuit After Being Unlawfully Detained While On His Front Lawn Getting His Mail

Kevin Hall of Corvallis, OR brought a suit against the city for the unlawful detention he experienced last October. While walking to his mailbox to retrieve his mail, while also open carrying a firearm, Hall was approached by Corvallis Police Officer James Dodge.  When Dodge approached, Hall asked him if he was being detained, Dodge replied no but would like to talk to Hall.  Since he wasn’t being detained and wasn’t doing anything wrong Hall started to return to his house when he was stopped by Dodge and told him NOW he was being detained. I guess, according to Officer Dodge, you are free to leave until you actually try to leave, then you are detained.  This is akin to the stories of the good ole boy Sheriffs’ who bash out taillights and then give you a ticket for it. The Officers defense becomes the theatre of the absurd...
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Federal Judge Rules Lawfully Exercising Right = Nullification of 4th Amendment

Federal Judge Rules Lawfully Exercising Right = Nullification of 4th Amendment

While taking a walk one day,  legally open carrying a firearm, Christopher Proescher was stopped by police, questioned and arrested.  The local prosecutor, seeing the Mr. Proeshcer committed no crime dropped all charges.  In response to the false arrest Proescher reasonably filed a lawsuit against the officers. Fast forward to Federal judge William S. Duffey Jr. who made the inane decision that while the arresting officers were wrong in arresting Proescher (you know, because he didn’t break any laws) that carrying a pistol openly constitutes reasonable suspicion of a crime, which authorizes officers to detain the person who is carrying and as such the officers acted properly. Allow me to rephrase: By exercising your legal right, you have forfeited your 4th Amendment Rights and as such will be subject to detention and false arrest with no recourse. That is what Judge Duffey has ruled. I  think of other Rights that this could impact,...
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CA Court of Appeals lays foundation for near total gun ban

CA Court of Appeals lays foundation for near total gun ban

On Monday October 21st 2013, California’s 4th District Court of Appeal held that the Second Amendment does not apply to semi-automatic firearms like “AK” platform rifles. At first, while a setback for the 2nd Amendment, a person might try and rationalize this ruling as a ruling against so called “assault” weapons and considering it IS California after all that is not too surprising.  But as they say, the devil is in the details and this ruling is much more insidious than simply undercutting the right to keep and bear AK-47’s. In their ruling the court states:  “We construe Heller as standing for the proposition that the right secured by the Second Amendment is ‘not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’ (Heller, supra, 554 U.S. at p. 626), but is instead the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes...
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Protective Orders and Firearms, the Salem Witch Trials of Today

Protective Orders and Firearms, the Salem Witch Trials of Today

Between the years of 1692 and 1693 more than 25 people were accused  of being witches and were either executed or died in prison in the area around Salem Massachusetts.   Nearly all of the accused and condemned had little more evidence against them than some other person pointing at them and yelling “WITCH!!” One might think that some 300 plus years down the line we might have evolved over such knee jerk reactions and rushes to judgment but when it comes to gun owners that is often not the case.  In particular, a person can request a protective order in many states by simply saying they were threatened.  No proof is needed, no evidence required.  Yet for a falsely accused gun owner they are completely stripped of their 2nd Amendment rights, as a condition of a protective order is that you must forfeit your firearms for the duration...
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Brian Aitken: In NJ, even when you are innocent you’ll pay like you’re guilty

Brian Aitken: In NJ, even when you are innocent you’ll pay like you’re guilty

Brian Aitken had his life destroyed for doing something that all Americans are constitutionally guaranteed the right to do, owning a firearm. While moving to the draconian, gun-hating state of New Jersey, Brian was pulled over while transporting his gun to his new home. Guns are all but banned in New Jersey, save for under some special circumstances, one of which is moving a gun to a new residence. Even though Brian had done nothing illegal, he was sentenced to seven years in prison by a depraved activist judge. He was pardoned (not really, i’ll get to that later) after four months, but has been suffering from the fraudulent charges levied against him ever since. Brian is still a convicted felon. He can’t travel to other countries, pass any type of background check, and worst of all, hasn’t been able to see his son in four years. Not only...
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Did the NYC cops at the biker beatdown have a duty to intervene? “No” says court precedents

Did the NYC cops at the biker beatdown have a duty to intervene? “No” says court precedents

Now that we have found out that at least 5 New York City cops were at the scene where Alexian Lien was pulled from his vehicle in front of his family and beaten by a biker gang, understandable outrage has come from the public. Calls for these officers to lose there jobs, be arrested and sued have been prevalent, but will they? While it is true that 1 cop has all ready been arrested, that was for his active participation of the beating, the fates of the other cops who just stood by and watched has yet to be determined. Would it surprise you that legally these cops have no duty to interfere and stop a crime against an individual? In 1856 the Supreme Court ruled in South v Maryland that local law-enforcement had no duty to protect individuals, but only a general duty to enforce the laws  But that...
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If Gun Controllers Read The Other Amendments Like They Do The 2nd

If Gun Controllers Read The Other Amendments Like They Do The 2nd

Gun control zealots love to get hooked on the semantics of the 2nd Amendment. Due to the forefathers elegant writing that is more verse than prose, gun control zealots have harped on misinterpreted syntaxes of the 2nd Amendment for years. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed The gun controllers like to say that since there isn’t an “and” between State and the right of the people that somehow invalidates the intent of founders.   The intent being found in the other writings of the time. George Mason: “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.” Sam Adams: “And that the said Constitution be never construed to authorize Congress to infringe the...
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Gun owners act with class…the hateful left acts with crass

Gun owners act with class…the hateful left acts with crass

Depending on where you live, the chances are you have come across those who disagree with your choice to exercise your right to keep and bear arms.  There is also a chance you have found businesses that do not recognize your 2nd Amendment rights. There are plenty of those of the “tolerant” left who have causes they believe in as well. The difference between in how gun owners react to rejection and the way those of the hateful left is quite telling. If a business is anti-gun, we as gun owners will most likely avoid it in order to support another company that believes in the 2nd Amendment.  We’ll let others in our community know that a certain business is anti-gun and may even reach out to that business to let them know that they are losing business but it doesn’t extend further than that. Then you have the...
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Being Gay trumps being a Gun Owner in New Mexico

Being Gay trumps being a Gun Owner in New Mexico

The Supreme Court of New Mexico has ruled that, by refusing to photograph a gay wedding, a photography studio violated the law. Long story short, private business owners, Jonathan and Elaine Huguenin don’t agree with gay marriage and chose not to provide photography services to a lesbian couple. According to the New Mexico Supreme Court,the case “teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less.” Compromise.  Funny, this doesn’t seem like a compromise but rather forcing a someone to do something they are diametrically opposed to. The court goes on to say: The owners of Elane Photography, Jonathan and Elaine Huguenin, “are free to think, to say, to believe, as they wish, yet in the world of the marketplace, of commerce, of public accommodation, the...
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Federal Judge ruled Stop & Frisk unconstitutional. Time for a 2nd look at Terry Stops?

Federal Judge ruled Stop & Frisk unconstitutional. Time for a 2nd look at Terry Stops?

New York Despot Michael Bloomberg has taken his virulent hatred of firearms beyond just infringing on the 2nd Amendment rights of his citizens and promoted a program that denies New Yorkers their 4th Amendment rights. This program is colloquially known as “Stop and Frisk”.  Stop and Frisk gives NYPD officers the ability to stop an individual on a whim and search him.  Now, a lot of people complain that it is unfairly targeting black people.  I complain that it is unfairly targeting ANYONE. The practice has increased 600% since Bloomberg took office. Stop and Frisk by the numbers Stop and Frisk basically lowers the amount of reasonable articulable suspicion needed for an officer to engage in a stop.  In fact, looking over the “justifications” on the official police form, reasonable seems to have taken a hike.   Fits description?  Funny how many innocent people fit someones description about something....
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