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BLOOMBERG OUTRAGE: ASKS JUDGE TO BAN 2ND AMENDMENT REFERENCES!
SAF ^ | May 9, 2008 | Staff

Posted on 05/09/2008 6:05:00 PM PDT by yoe

BELLEVUE, WA – New York Mayor Michael Bloomberg has moved from outrage to atrocity by asking anti-gun activist federal Judge Jack B. Weinstein to ban any reference to the Second Amendment during a civil lawsuit trial beginning May 27 against Georgia gun dealer Jay Wallace, proprietor at Adventure Outdoors.

The New York Sun reported that Bloomberg’s attorneys made the request. Alan Gottlieb, founder of the Second Amendment Foundation, said the move clearly shows that Bloomberg has “total disregard not only for the Second Amendment, but also the First.”

Bloomberg’s attorney on this case, Eric Proshansky, has reportedly argued in a brief that “Any references to the Second Amendment or analogous state constitutional provisions are likewise irrelevant” to the upcoming trial.

“This trial is supposed to be held in a federal court, not a kangaroo court,” Gottlieb stated. “What’s next, a request that Judge Weinstein not allow defense witnesses or rebuttal? Why not just dispense with the trial altogether and lynch Mr. Wallace from the limb of a tree out in Central Park?

“The civil prosecution, and un-civil persecution, of Jay Wallace has never really been about the Second Amendment, until right now,” he observed. “And, thanks to Mr. Proshansky’s brief, this trial is suddenly all about the First Amendment as well.

“We are neither surprised nor shocked at Mayor Bloomberg and the city’s attorney for making this move,” Gottlieb added. “This is the kind of behavior one should expect from a billionaire demagogue who considers himself so far above the law that he launched this vigilante campaign against firearms retailers by stepping outside legal channels in the first place. He sent private agents to several states without legal authority, jeopardizing legitimate on-going criminal investigations in the process.

“Now Bloomberg wants a gag order,” he concluded. “Apparently, in Mikey’s world, a fair trial is one in which a defense attorney is muzzled, and the defendant is already guilty until proven innocent. Bloomberg missed his calling. Instead of being mayor of an American city, he should have been the administrator of a gulag.”

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events
KEYWORDS: antigun; banglist; bloomberg; ny
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To: Arguendo
There's the statute. It was signed by Bush in 05.

I don't think it applies here with the straw purchase claim. This protects against misuse and misconduct by third parties. I need to check up if any precident was set by this.

41 posted on 05/09/2008 9:03:08 PM PDT by Darren McCarty (Just when I thought I was out, they pull me back in - Michael Corleone)
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To: glock rocks
You can burn the Constitution. It’s just paper.

How DARE you!

That piece of pulped tree is over 200 years old, so burning it would release sequestered CO^2, contributing to Global Warming, thus destroying the world!

Can't we settle for just a simple shredding followed by composting?

42 posted on 05/09/2008 10:17:48 PM PDT by ApplegateRanch (The Great Obamanation of Desolation, attempting to sit in the Oval Office, where he ought not..)
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To: ApplegateRanch

Bloomberg is a Liberal and as such, is an elitist who is opposed to freedoms for the masses.


43 posted on 05/10/2008 1:08:59 AM PDT by OldArmy52 (Vote Dem: vote the Clinton/Obama/McCain ticket)
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To: Gabz
"He has made me embarrassed to say I was born and raised in NYC."

David Dinkins didn't do that?

44 posted on 05/10/2008 6:33:00 AM PDT by Batrachian
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To: ApplegateRanch

Isn’t it written on hemp?


45 posted on 05/10/2008 6:44:29 AM PDT by patton (cuiquam in sua arte credendum)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
Once again we see Bloomberg's contempt and arrogance, relying on his money and influence to let him have his way. One dangerous little tin Hitler.

Click the Gadsden flag for pro-gun resources!

46 posted on 05/10/2008 6:57:36 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Arguendo
I have no opinion about whether a ban would be appropriate, but this claim is disingenuous. There's no free speech inside a courtroom, where parties are routinely banned from mentioning irrelevant topics that might nonetheless sway the jury.

In the Nordyke v. King case, the plaintiff's attorney didn't mention the Second Amendment even though he wanted to, because California has no right to arms provision and the case was in state court. But the attorney for the county which banned gun shows mentioned it, and threw the door wide open for right-to-arms arguments in the briefs.

47 posted on 05/10/2008 7:12:19 AM PDT by mvpel (Michael Pelletier)
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To: yoe

I hope this gets wide press. It beautifully illustrates the fascist tyrant that lives just under the surface of (all) liberals.


48 posted on 05/10/2008 7:37:12 AM PDT by Pharmboy (Democrats lie because they must.)
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To: yoe

The problem with this situation is in the eventual outcome. Weinstein will probably allow this and Bloomberg will win. The defendent will then appeal and after the Heller decision is rendered get the case remanded to the lower court for re-trial.

All of a sudden we’re talking big money here and only Bloomberg can afford this sort of litigation. I imagine this has been the plan all along.


49 posted on 05/10/2008 7:39:14 AM PDT by oldfart (The most dangerous man is the one who has nothing left to lose.)
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To: Joe Brower

Too bad we can’t have Patrick Henry defend Wallace, with Washington, Madison and George Mason seated at the defense table.


50 posted on 05/10/2008 7:39:42 AM PDT by Pharmboy (Democrats lie because they must.)
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To: mware

But in reality, WE will see Hillary as VP. That way, BHO won’t lose that support. Otherwise, the disgruntled Hillary supporters might jump to McCain, who is every bit as Liberal as his close colleague Hillary.

Obama has already taken aim at McNasty and stopped hitting Hillary. Hillary is also doing the same. She believes that the experience she will get from being VP will set her up later for another Democrat dynasty. (2012 and beyond)


51 posted on 05/10/2008 7:45:14 AM PDT by PSYCHO-FREEP (Juan McCain....The lesser of Three Liberals.")
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To: Joe Brower

These anti-American maggots, never give up!!


52 posted on 05/10/2008 7:57:50 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: AD from SpringBay

I think this incident is showing you can’t get rid of either the First Amendment or the Second by itself. The two protect each other.


53 posted on 05/10/2008 7:58:09 AM PDT by gitmo (From now on, ending a sentence with a preposition is something up with which I will not put.)
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To: blackie

Who keeps writing these headlines in ALL CAPS!. Why are you YELLING!?


54 posted on 05/10/2008 7:58:52 AM PDT by gogov
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To: DesScorp

He is more a Fascist.


55 posted on 05/10/2008 8:02:48 AM PDT by bmwcyle (I always rely on God and Guns in that order)
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To: gogov

What are you talking about, I don’t use all upper case.

I’m not yelling - I’m one of the calmest people you’ll ever meet.


56 posted on 05/10/2008 8:11:14 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: gogov

That would be alarmists who have little understanding of the issue. There are quite a few of those on this site.


57 posted on 05/10/2008 8:28:06 AM PDT by Arguendo
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To: Darren McCarty
The district judge's job (simplistic description) is to apply the law based on statute and precident and leave questions of fact to juries.

I wonder what Zenger et al. would have thought about that notion in the 1700's?

If jurors are supposed to ignore the Supreme Law of the Land when making a decision, how supreme can that Supreme Law really be said to be?

If the Constitution is the basis of legitimate government, then any government body or agent that presumes itself superior is illegitimate.

58 posted on 05/10/2008 1:46:43 PM PDT by supercat
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To: Joe Brower

There are far too many of these cheap rich punks who feel they have a right to use their wealth to stuff their own personal political agenda down the throats of Americans.

We should STOP sending these spoiled little rich boys to office.


59 posted on 05/10/2008 1:51:02 PM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: blackie

So who plugged in the headline in all caps?


60 posted on 05/10/2008 5:50:39 PM PDT by gogov
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