Posted on 10/17/2023 7:04:19 AM PDT by marktwain
A coalition of leftist Attorney Generals for sixteen states and the District of Columbia has filed an amicus brief to the Ninth Circuit appeal by the State of Hawaii, claiming state power to ban common arms is essential. On August 7, 2023, a three-judge panel of the Ninth Circuit reached the unsurprising conclusion that knives, particularly the type of pocket knife called a “butterfly knife” or “balisong,” were bearable arms. Therefore, they were protected by the Second Amendment of the Constitution, and the State of Hawaii did not have the legal authority to ban them.
On September 20, 2023, the State of Hawaii appealed to Teter v Lopez, claiming the three-judge panel of the Ninth Circuit mistakenly applied the law, asking for a new panel or a hearing en banc. The Ninth Circuit has historically been hostile to the Second Amendment and has reversed the decision of three-judge panels that uphold Second Amendment rights.
On September 22, the plaintiffs, Teter and Grell, were ordered to file a response to the appeal within 21 days.
(Excerpt) Read more at ammoland.com ...
They claim only arms which can be proven to have been "commonly" and actively used in self defense cases, documented by the police, qualify for Second Amendment protection.
Has the Colt Python 2 1/2 inch .357 revolver been shown to actively have been used in more than 2000 self defense cases, documented by the police, in each year of the last ten years? If not, by this "logic" it is not protected by the Second Amendment.
It is not the right of the states to ban any guns.
Do it, and find out why we have them.
IF you think government is overbearing now just wait until you are disarmed.
The generals statement is absolutely anathema to why the 2nd amendment exists in the first place. To protect the rights of the people from a totalitarian government that they are trying to impose.
FA&FO
I bet the residents of Michigan and Pennsylvania would love to know their state governments endorse this idea.
Whatever happened to “geeezzzz, nobody’s coming after your guns….?”
Can’t find the list of 16 states. Anybody?
The real problem is:
It’s not OUR guns...
It’s THEIR sons.
Ping!
States gifted or loaned the Federal Government the right to govern.
States are sovereign in that respect. They have the right and ability to remain sovereign under the Constitution and Bill of Rights.
There needs to be far more power wielded by States in seeking for control of the Fed. Governors and Legislatures are the key to making it happen.
On the other hand the Fed has blackmailed all fifty States into giving up their power so it will take a huge effort to right the ship of State.
When it all shakes out, there will be slave states and free states.
True dat.
Agree!
This is why the 17th Amendment needs to be repealed and we go back to the method of selecting senators the founding fathers intended - the state legislatures. And yes, I am sure there are those out there with idiotic & corrupt state legislatures. All I can that means you have work to do! You could include term limits for senators with that. It might not be necessary. I think there are enough senator wannabes in the legislatures and state grand poobahs to make it competitive.
Also this is very important a test case needs to be set up for the USSC o overturn Reynolds vs Sims. This decision as predicted by Evertt Dirksen wrecked states financially & culturally with large urban centers. it allowed these large population to dominate and dictate to the state. State senates should mirror the arrangement of the US Constitution and represent regions in the state - like counties.
The 2nd Amendment is not a power legislated by the Federal or State Governments.
It is a natural right. The founders fully understood that.
Texas will never accept gutting the 2nd Amendment.
They can pound sand.
Oh, they are sooo desperate to take our weapons now! Why now? Because of what they plan to do next. (finish destroying the Constitution and the Nation)
When you hear the words, “nobody wants to...” The next thing they say is exactly what they want to do.
If they are claiming ‘State’s Rights’, this is a can of worms that they should only open after long and careful thought.
State’s rights could be claimed on any number of their sacred cows.
It has already struck down their blessed right of abortion. It could also strike down their much revered federal control of immigration.
But Libs always expect to have things their own way.
"2nd Amendment: 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."
“3. The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition [emphases added].” —United States v. Sprague, 1931.
Given police departments in these activist states were partially defunded, a number of arms-related incidents were possibly never fully documented.
Report shows blue counties have higher murder rate than red, calls out 'flawed' studies promoted by top Dems (10.17.23)
Democratic and Republican Trump supporters need to support hopeful Trump 47 with new state and federal governments by primarying all state and federal incumbent lawmakers and executives in 2024, except for MTG, Gaetz & Company, Jordan (and others?).
After all, government leaders are not doing their jobs to uphold 14th Amendment (14A) protections by making laws to strengthen constitutionally enumerated protections, the 2nd Amendment in this example.
Excerpted from 14A:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
In fact, the congressional record shows that when Rep. John Bingham, the main author of Section 1 above, read the Bill of Rights as main examples of constitutionally enumerated protections that 14A applies to the states, he included 2A.
“See 2nd Amendment (Article II) about middle of 2nd column.” — John Bingham, Appendix to the Congressional Globe
The Supreme Court had put it this way about 14A.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnished an additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
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