Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Judge Claims to Support Second Amendment, Just not the "Bear" part
Gun Watch ^ | 12 March, 2017 | Dean Weingarten

Posted on 03/20/2017 8:35:05 AM PDT by marktwain


U.S. District Court Judge Walter H. Rice

In a recent article in Military.com, senior federal judge Walter H. Rice was quoted. The judge has been with the District Court since 1980.  His opinion about federal jurisdiction over legal carry on federal facilities is correct as to the state of current law, as far as I have determined. At the moment, federal officials can bar the carry of private arms at their facilities with proper signage.

But it was the statement of the judge's personal opinion about the Second Amendment that was interesting. Judge Price said he supported the Second Amendment.  He then said that open and concealed carry laws were a danger to any community.

From Military.com:
Employees and others also cannot bring their guns to the federal court building in Dayton, said U.S. District Court Judge Walter H. Rice.

"Federal installations are not bound by the state law except in certain situations which I don't think are relevant," Rice said. "My opinion is that it is not applicable to federal facilities unless the federal installation decides to adopt that portion of the law. What I said applies to the parking lot as well."

Rice said Ohio's expansion of open carry and concealed-carry laws concern him.

"I think open carry (and concealed-carry) laws, with all due deference to the Second Amendment, which I support...are dangerous to any community because of the epidemic of mental health issues throughout this country," he said. "Putting guns in the hands of mentally incompetent people is a recipe for disaster."
Judge Rice was appointed in 1980 by  President  Jimmy Carter.  He is 80 years old.  Judge Rice entered senior status in 2003, when he was 66. He is currently an adjunct professor at the University of Dayton School of Law.  Senior status means he receives full salary, but can have a reduced workload at the District Court.

Judge's may have there personal opinions, of course. Perhaps Judge Price could put aside his personal opinion that actually being able to bear arms under the Second Amendment is the same as "Putting guns in the hands of mentally incompetent people..." and rule on the law instead of what he wishes it to be.

It is likely a long held view. The evidence that restoring Second Amendment rights make communities more safe, has only been widely published for 20 years. The facts are disputed in liberal circles, but evidence is lacking to reinforce their talking points.

Judges are sometimes asked to recuse themselves, because their comments, rulings, or conduct would cast doubt on their ability to hear the case without bias, or that a reasonable observer would think they would be biased.

The chances of Senior Judge Rice ruling in a Second Amendment case are not insignificant.   Perhaps knowledgeable readers can let us know if there are grounds to ask for recusal in such an event.

 ©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TOPICS: Government; Politics; Society
KEYWORDS: banglist; constitution; judge; secondamendment
"Progressives" have never been willing to uphold the Constitution as written. Their foundational ideas were that the Constitution was outdated, Amendments were too difficult, so they would rule by administrative fiat and lies.
1 posted on 03/20/2017 8:35:05 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain; Army Air Corps; beaversmom


2 posted on 03/20/2017 8:37:19 AM PDT by KC_Lion ("We must put our citizens first. Only then will we Make America Great Again."- Donald Trump)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Judge Bork couldn’t find the RKBA in the 2nd Amendment either...


3 posted on 03/20/2017 8:38:13 AM PDT by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

It’s not up to “judges” like this jerk to tell us what the Second Amendment means. He is part of the government. The Founding Fathers gave us the Second Amendment to defend ourselves from jackasses like this buffoon. It’s up to us to tell him what the Second Amendment means.


4 posted on 03/20/2017 8:40:03 AM PDT by FlingWingFlyer (I tried being reasonable, I didn't like it. - Clint Eastwood)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

“Judge Rice is 80 years old.”

Then I look forward to soon reading his obituary and then reading about how he’ll be replaced by someone who respects the Constitution.


5 posted on 03/20/2017 8:40:37 AM PDT by MeganC (Democrat by birth, Republican by default, conservative by principle.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Can the jask ass read English?


6 posted on 03/20/2017 8:41:37 AM PDT by WENDLE (DEFEAT RINOCARE!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Guess I missed “...the right of the people to keep and bear arms shall not be infringed unless somebody thinks their wack-o-doodle..” portion. Maybe I dropped a page or two. He supports the 2nd amendment the same way the margabby kelly-giffords travelin’ puppet show does. FIDIOTS! Yeah, I know people that I would rather not be in possession of firearms. I’m sure there a quite a few out here that know these people.


7 posted on 03/20/2017 9:05:02 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

“Judge Rice was appointed in 1980 by President Jimmy Carter.”

_______________________________________________________

That’s explains everything. Idiot president appoints an idiot “judge.”


8 posted on 03/20/2017 9:16:22 AM PDT by july4thfreedomfoundation ("You can't fix America without pissing off the people who broke it".....Bill Mitchell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

The real reason the LEFT hates the 2nd is based on their FEAR of the ARMED to come after them.

Hmmmm ..?? Seems to me to be more about the LEFT’s guilty conscience re what they do to the Right; but don’t want to be held accountable for their actions - like ObamaCare.


9 posted on 03/20/2017 9:30:44 AM PDT by CyberAnt ("Peace Through Strength")
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Oh please...

Judge's may have there personal opinions,

That should be: "Judges may have their personal opinions,".... Sigh.

http://kol.coldfront.net/thekolwiki/index.php/Box_of_bear_arms
10 posted on 03/20/2017 9:31:22 AM PDT by Svartalfiar
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain; All
Thank you for referencing that article marktwain. Please bear in mind that the following critique is directed at the article an d not at you.

Federal laws must be reasonably based on powers that the states have expressly constitutionally delegated to the feds. A previous generation of state sovereignty-respecting justices had put it this way.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.

Noting that the gun-related clauses in Congress’s constitutional Article I, Section 8-related powers, clauses 12 through 16 reasonably directly or indirectly reference arms only in the context of military issues, Congress has no express constitutional authority to legislatively address arms issues outside the scope of military issues imo.

In fact, it is disturbing that federal gun regulations for non-military use arms seem to have started appearing in the books during FDR Administration, FDR and the Congress at that time infamous for making laws which they had no express constitutional authority to make.

Franklin Roosevelt: The Father of Gun Control

Also note that the congressional record shows that John Bingham, the main author of Section 1 of the 14th Amendment (14A), had included the 2nd Amendment as an example in his clarification of personal constitutional rights that the states obligated themselves to respect when they ratified 14A. (14A was ratified under very questionable circumstances imo.)

"Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States." — John Bingham, Appendix to the Congressional Globe (See 2nd Amendment in middle area of 2nd column.)

Drain the swamp! Drain the swamp!

Remember in November ’18 !

Since Trump entered the ’16 presidential race too late for patriots to make sure that there were state sovereignty-respecting candidates on the primary ballots, patriots need make sure that such candidates are on the ’18 primary ballots so that they can be elected to support Trump in draining the unconstitutionally big federal government swamp.

Such a Congress will also be able to finish draining the swamp with respect to getting the remaining state sovereignty-ignoring, activist Supreme Court justices off of the bench.

Noting that the primaries start in Iowa and New Hampshire in February ‘18, patriots need to challenge candidates for federal office in the following way.

While I Googled the primary information above concerning Iowa and New Hampshire, FReeper iowamark brought to my attention that the February primaries for these states apply only to presidential election years. And after doing some more scratching, since primary dates for most states for 2018 elections probably haven’t been uploaded at this time (March 14, 2017), FReepers will need to find out primary dates from sources and / or websites in their own states.

Patriots need to qualify candidates by asking them why the Founding States made the Constitution’s Section 8 of Article I; to limit (cripple) the federal government’s powers.

Patriots also need to find candidates that are knowledgeable of the Supreme Court's clarifications of the federal government’s limited powers listed below.


11 posted on 03/20/2017 9:53:56 AM PDT by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
"Federal installations are not bound by the state law except in certain situations which I don't think are relevant,"

But why are state laws NOT bound by the Constitution? What is it about "Shall not be infringed" that confuses them?

12 posted on 03/20/2017 12:51:31 PM PDT by JimRed ( TERM LIMITS, NOW! Building the Wall! TRUTH is the new HATE SPEECH.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
"Putting guns in the hands of mentally incompetent people is a recipe for disaster."

The second amendment does not exclude the insane or even freed criminals. If you should not be armed, you should not be running around loose.

13 posted on 03/20/2017 12:53:54 PM PDT by JimRed ( TERM LIMITS, NOW! Building the Wall! TRUTH is the new HATE SPEECH.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JimRed

The Bill of Rights was first ruled as not applying to the states in 1833.

Then there was the Civil War.

Then the Fourteenth Amendment.

Then selective incorporation,

Then the Heller and McDonald decisions incorporating the Second Amendment.


14 posted on 03/20/2017 1:34:24 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: KC_Lion

Cute pics.


15 posted on 03/21/2017 7:07:42 AM PDT by beaversmom
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson