Posted on 12/16/2018 3:44:02 PM PST by marktwain
In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights. The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).
The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status. Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.
The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade. The Supreme Court only hears a limited number of cases. They are not required to hear all cases.
Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it. These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right.
Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump. At only 49 years old, he is already the 15th most cited jurist by the Supreme Court.
(Excerpt) Read more at ammoland.com ...
***Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.***
Not according to the 1857 Dred Scott Decision! In it, Judge Taney stated that if blacks were to be considered citizens, they would have the same rights as a white man would have...”The right to keep and carry arms wherever they went.!”
Since Dred Scott is irrelevant now, does that make the listed rights irrelevant?
So, if we’re not a free State, the Second Amendment is moot?
“...shall not be infringed”.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Yeah, well they didn’t define it in the Constitution......./S
Natural born citizen is equally clear, yet many, even here, want it to mean what they want it to mean.
This is bullshit. It is a fully enumerated right and a God given one at that. No court has the power to “water down” a right.
The dems want war and they’re coming after our arms to subjugate us - just like Venezuela.
The Constitution says Obama cannot be President.
Currently in America, the people who the Federal Government approve may purchase guns which the Federal Government approves.
If the Federal Government gives their approval, state and local governments must still give the OK. If the Federal Government approves certain guns then the state or local governments must still approve of such guns.
Does that sound like a right? Incredibly most so called conservatives think the above is just peachy keen.
The two are considered necessary for the existence of the other.
It appears to me that a majority of us have become less free from about 1900 to now.
It is muddied by a couple of things, the Civil rights movement, and the enourmous technological prosperity that a free society has created.
So we have prosperity and much lower political freedom, and for about 15% of the population, and increase in political rights over that period.
The Second Amendment pretty much was infringed on for black people from about 1870 to 1970-90.
We have been restoring Second Amendment rights, incrementally, for about 30 years.
Shall not be infringed.
Gee Whiz, sounds like a First Class Amendment to me.
Screw that noise.
They carve up the Second Amendment, and very other Amendment is subject to being ignored too.
Wonder how the Left would like it if we started carving up their treasured Amendments.
It just specifies the unalienable/God-given rights we possess naturally as free men and women and specifically forbids the tyrannical subjugation that has been happening (incrementally) for the past 100 years...
It is the endgame we now face, as tyrannical control of the serfs rapidly nears completion...
Bloodshed on a wide scale is now inevitable... Nothing anyone can suggest or do can avoid it...
(Unless time travel would allow going back and eliminating the existence T. Roosevelt, W. Wilson, FDR, and Obama!)
I think you mean "no court has the legitimate power to "water down" a right.
Lots of courts have "watered down" our rights over the last 100 years.
Some rights have been more enforced and enhanced during that period.
The Progressive courts loved the First Amendment when allmost all the mass media was in the hands of Progressives.
The only one of our Liberties that protects itself.
When the 2nd American revolution kicks off it will be because activist judges like this enabled politicians like Obama to strip Americans of the God given right to arms.
So now some rights are less equal than other rights, eh?
Yes.
The Supreme Court has been picking and choosing for a long time.
It is part of the Progressive philosophy.
“Looks like we have some fifth-rate judges in the Third Circuit.”
The third circuit just flipped with the retirement of a liberal judge and the pending confirmation of Trump judge Paul Matey, but that won’t be effective until January thanks to the stonewalling of Senator Fake, unless McConnell bypasses Fake and sends Matey to the full Senate for a vote immediately. But once the flip takes effect, there’s an appeal planned to the full circuit that could reverse this ruling.
Second rate right huh. What kind of street drugs are these judges shooting up, smoking, and snorting.
Are you paying attention to this thread?
Of course Obama can’t be President, the 22d Amendment says so. This thread says that 2 Judges on the 3d Circuit can just wish the Constitution into the corn field, they have already done so with the 2d Amendment.
But, of course, your real point is your wacko theory that Obama is not a natural born citizen and was never eligible for the Office of President. Get back to me when a Court agrees with you, and the Supreme Court agrees to take up the argument. That is as silly as what the 3d Circuit just ruled.
They know *exactly* what they are doing.
They do not believe in limited government or the rule of law.
They believe in power.
It’s been a privilege since it was made a privilege by the Gun Control Act of 1968 (GCA68)
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