Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: OneWingedShark

Things are all one thing or all the other to some folks. It
doesn’t even matter that a person’s vocation outside of
politics is demonstrative of uber capitalism. No, that just
makes a man a George Soros without an accent. Your
familiarity with Kruschev indicates you are probably older
like myself. And, if you are then you are also acquainted
with the John Birch Society. While I also hate communism
I don’t believe all who are not just like me are participa-
ting in a grand long term conspiracy to foist communism
on the nation. While you fight what you think are commies
coming thru the back door the proclaimed socialists are
sitting in the living room.


147 posted on 09/15/2012 9:28:25 AM PDT by Sivad (Nor Cal Red Turf)
[ Post Reply | Private Reply | To 146 | View Replies ]


To: Sivad
I'm actually only 30; I remembered hearing the grandchildren quote and looked it up.
There doesn't need to be a "grand conspiracy" for there to be the effects of a grand conspiracy.
To illustrate what I mean, let me relate to you some 'adventures' I had trying to challenge a contra-constitutional state statutes.

New Mexico State constitution, Art II, Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

Simple enough, but there's this statute:

NMSA 30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty.
A.    Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:   
(1)    a peace officer;   
(2)    university security personnel;   
(3)    a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program;   
(4)    a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or   
(5)    a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.   
B.    A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.   
C.    As used in this section:   
(1)    "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and   
(2)    "university premises" means:   
      (a)    the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or   
      (b)    any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.   
D.    Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.

As you can see, there is no way that this can be a valid statute for it denies the citizen the ability to carry arms on the campus; moreover, if the citizen resides in student housing the statute even prohibits him from keeping arms [there is no guarantee that he can store his arms elsewhere, and there is no reason to assume he needs a private vehicle if he is in on-campus housing]. Now, many people would say that it's the University's policy, but that is irrelevant: this is a state statute and therefore the University's policies have no relevance on this discussion.

When I investigated how to challenge this statute I was always either dismissed ("well we don't allow guns in courtrooms"*) or referred elsewhere: the AG says contact the representative, the rep. says contact the state supreme court, the state supreme court is unreachable and its answering-service refers you to the State Bar, the State Bar to a lawyer, the lawyer never gets back to you after an initial call-back.

Was there a conspiracy against following the State Constitution there; likely not. However, the result is the same as if there were indeed one. (And in fact this is reasonable, for if the Constitutions [both state and federal] were followed much power of state officials would be lost.)

* -- The prohibition of guns in courthouses is unsubstantiated by any state statute; furthermore, the second sentence in the State Constitution plainly invalidates any county or municipal law/statute/ordnance thereon... yet the State, County, and Municipal courts all had signs saying that firearms were prohibited therein.

Some further adventuring in SD regarding a similar statute (regarding state buildings vs the State Constitution's "shall not be denied") revealed that the only way to challenge it [via the legal system] is to violate the statute, be charged, and argue in court. This is inherently from a position of weakness: "I'm not guilty because the law is wrong." [Moreover it also forces an implicit acceptance of the validity of the law: you allowing yourself to be charges thereon.] Whereas being able to challenge the law w/o being accused is a position of strength.

148 posted on 09/15/2012 10:02:02 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 147 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


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