Posted on 09/27/2013 5:10:23 AM PDT by marktwain
Attorney General of Arizona, Tom Horne, was asked by Representative Brenda Barton if two ordinances dealing with firearms, were preempted by State Law.
AG Horne quoted ARS: 13-3108(A):
A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.AG Horne replied that the two Tucson ordinances, 11080, which deals with officiers obtaining a blood alcohol test if he has probable cause to believe that someone has negligently discharged a firearm within city limits, and 11081, which requires reporting of the loss or theft of a firearm, are preempted by the state statute.
Stuff and nonsense they are all over RULED by the US CONSTITUTION! And according to it NO GUN LAW IS CONSTITUTIONAL!
The Constitution was simple and blunt....but left a lot of things hanging out there. This law of reporting all lost or stolen guns....may have some value to it. If a guy isn’t willing to report these....you’d have to be suspicious of his intentions or ethical behavior around guns. I think if Jefferson were around today....he’d be amazed at the thousand various scenarios with weapons and how his simple text survives on today...somehow covering those thousand scenarios.
Tucson really ought to move to California. They would all be more comfortable there and so would the rest of us.
If a person can’t be trusted to carry a firearm,
that person can’t be trusted to be free among us.
What about Tucson’s hold on traded guns (at a dealer) to determine whether or not they’re stolen/used in a crime? That ordinance also appears to run afoul of this.
Sounds nice, but there aren't enough jails to hold all of the untrustworthy. So, the next best is to arm the trustworthy so the inevitable outbursts of crazed and criminal behavior can be contained in scope and extinguished.
Those kind of laws I can see along with not letting criminals have access to them. But responsible adults who are not criminals and are US Citizens should not be barred from carrying or owning. And no data bases those are not in the Constitution.
“This law of reporting all lost or stolen guns....may have some value to it. If a guy isn’t willing to report these....you’d have to be suspicious of his intentions or ethical behavior around guns.”
Meh. The Constitution’s protections are not dependent on one’s intentions or ethical behavior. It’s “shall not be infringed”, not “shall not be infringed, EXCEPT...”.
It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank. Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions,that a law repugnant to the Constitution is void , and that courts, as well as other departments, are bound by that instrument.
18 USC § 2382 - Misprision of treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
18 USC § 2384 Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
It is as simple as that....
Seems kinda amusing...we set loose various US Army personnel and US marshals....to go and ask stupid questions of folks who brought wagon-loads of rifles, and traded to the Indians (deemed US citizens). We processed charges and put people into US prisons/jails. No one seemed to be around at that point, or willing to argue that the Constitution forbid them from doing so. In fact, most folks thought it was necessary and a very positive misuse of the law.
There’s not much difference between this current issue, and that issue of 150 years ago.
“The Constitution was simple and blunt....but left a lot of things hanging out there.”
“SHALL NOT BE INFRINGED” (SNBI) is about the most unambiguous, zero wiggle room phrase,(even for lawyers), in our founding documents. We would be hard pressed to find any more absolute wording in the Declaration of Independence and the US Constitution.
SNBI does not allow for ANY law restricting a citizen’s right to KBA.
Only lawyers/politicians/judges who are 100% traitors to the US Constitution, the citizens of the USA and the founders, have managed to create laws which DO infringe.
The only way any gun law can be legal in the USA would be to repeal the 2nd Amendment. That is the only legal way to get around SNBI.
Thanks to decades of following the Communist Manifesto and allowing our public schools to distort the Constitution have we lost track of the FACT that WE THE PEOPLE have ALL the Creator given powers/rights and the Constitution restricts ALL areas of government except for those very few areas where the people have consented to relinquish their power to government.
Any other powers/rights, not mentioned in the Constitution, were to be retained by WE THE PEOPLE.
If the Constitution is silent on an issue, the government has NO authority. Thanks all you union bastard democrat teachers for destroying such a brilliant concept.
Heck, Obama has been over ruling the US Constitution for years now.
The “report stolen firearms” laws are sometimes simply fronts for the “lock up guns” and “never touch guns” rules liberals love - when they can’t get outright prohibition.
I have seen instances where these laws were predicated on when the firearm was stolen, and did not allow leeway for when the theft was discovered.
The other issue I see, and this one relates to the intended registration/recording of firearms, is that requiring the owner to report to the state when a firearm is stolen also requires that owner to report to the state that one or more guns is owned... And it effectively requires that any additional weapons be declared upon reporting the theft. Backdoor registration, as it were.
Not that any liberal statist would dream of registration as a prelude to confiscation...
Hey! If you don’t mind we have enough brainless liberal yahoos in California already, I think it only fair that we redistribute some of them to conservative states so as to dilute their damage to us few Conservative Californians.
Without the infringement of requiring serial numbers on firearms, there would be much less value to reporting firearms stolen. One infringement always leads to another.
You mean to say that there are actually cities and towns that want to pass ordinances WORSE than the already outrageously rights-violating state law????
They have been doing it since before FDR, as far back as Lincoln if history is any evidence maybe even before that.
book all may be interested in, I just ordered it.
In Honor of Dreams: The Declaration of Free Enterprise
by David Mace (Author) , Sr. (Author)
Amazon has it as does another book outlet, just google.
It clearly is a burden to a person who has already suffered a loss, and it stigmatizes firearms as somehow more dangerous, as something that poses an inherent legal hazard to own, than other objects.
It appears to me that this is just part of the puzzle of implementing a general and universal firearms registration program, such that the *only* legal firearms are those that are registered with the state.
By requiring all lost or stolen firearms to be reported, they “plug” the tipped my boat over and lost my firearms “loophole”.
Then, when they require you to “temporarily” turn in the firearms to state “armories” for “safekeeping” during this “emergency”. You cannot claim that they have been stolen or lost.
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