Posted on 12/15/2001 6:23:07 PM PST by LibertyRocks
FOR IMMEDIATE RELEASE
December 15, 2001
NEWS RELEASE
STANLEY FOR U.S. SENATE
Web site http://www.stanley2002.org
CONTACT: Michelle Konieczny, 303.329.0481
EMAIL: Michelle@stanley2002.org
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DENVER VS. THE U.S. CONSTITUTION
(DENVER - 5:45 PM) At 12:15 pm today, December 15, 2001, Rick Stanley, Libertarian candidate for U.S. Senate, was arrested by the Denver police for insisting that his constitutional right to keep and bear arms cannot be infringed. After delivering a speech detailing the reasons for his actions (attached, below), Rick performed an act of civil disobedience by openly carrying a loaded weapon, in a holster, in violation of Denver Revised Municipal Code section 38-117.5(b). Stanley believes that this city ordinance is unconstitutional. It infringes citizens' rights protected by the Second Amendment to the U.S. Constitution. It is also in direct violation of Article II, Section 13 of the Colorado constitution.
Duncan Philp, another true patriot determined to protect the right of all citizens to keep and bear arms, was also arrested for carrying a weapon openly. At present, both Mr. Philp and Mr. Stanley are being held in the Denver City Jail awaiting booking.
Mr. Paul Grant, a lawyer specializing in constitutional law who has argued several cases before the U.S. Supreme Court, will be representing these men. Rick will demand a jury trial. He fully intends to demonstrate that this ordinance is unconstitutional, and that it cannot legally be enforced.
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(This copy of Rick's speech is available on the web at http://www.stanley2002.org/borspeech.htm )
Saturday, December 15, 2001, is the 210th anniversary of the ratification of the Bill of Rights. In honor of this auspicious occasion, Rick Stanley delivered the following speech.
Rick also violated the Revised Municipal Code of the city and county of Denver, chapter 38-117.5(b), which prohibits the open carry of deadly weapons within the city limits. Rick wants to prove that this ordinance is unconstitutional. But he can't sue the city until he's been "damaged" by the ordinance. That is why he engaged in this act of civil disobedience: to obtain "standing" to sue the city for violating his constitutionally protected rights.
WHAT THE SECOND AMENDMENT MEANS
Good afternoon, and thank you for coming. It would appear I don't stand alone. (Rick brandishes a "Star Wars" toy gun.) This is what Denver will allow me to defend myself with. (Rick shoots rubber flying discs at the crowd. The crowd rolls on the ground with hilarity, and roars its approval.)
My name is Rick Stanley. I'm a Libertarian candidate for the office of United States Senator. I'm here today to celebrate the 210th anniversary of the ratification of the Bill of Rights. More specifically, I want to tell you what the Second Amendment means to me, and, more importantly, what it means to America. I want to discuss the many ways in which our sitting government is destroying the Second Amendment. And I want to tell you what you can do to restore our Second Amendment rights.
The Bill of Rights is the crown jewel in the Constitution of the United States. And the Second Amendment is the linchpin of the Bill of Rights. The Second Amendment says, "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."
Why did our forefathers add this provision to the Constitution? Well, they had direct experience with a tyrannical government. Just eight years before the Bill of Rights was ratified they had concluded peace with Great Britain, successfully ending their seven-year War for Independence. To understand the Constitution, and the Bill of Rights, we must remember the basic political philosophy on which our nation was founded. That philosophy is set out brilliantly in the
Declaration of Independence. I'm sure those stirring words are familiar to all of you.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That, to secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to secure their Safety and Happiness."
Now, it should be obvious that the people's right to alter or abolish a government that has become destructive of its basic ends would not mean much if the people didn't actually have the means to carry out the alteration. In other words, the Declaration of Independence wouldn't really say much without the Second Amendment. The people have the right to alter or abolish their government. And the people have another right -- to keep and bear arms. These two rights are essentially the same thing. The founding fathers knew this. When they wrote the Constitution,they hoped the government they were framing would always remain true to the purposes for which it had been instituted. But they had studied history, and they were wise, so they knew it was very likely that the government of the United States would become onerous and oppressive at some time in the future. Life, Liberty, and the pursuit of Happiness were, to them, the most important possessions any one can hold. And so they very wisely included the Second Amendment in the Bill of Rights. They hoped that their descendants would never again be forced to overthrow an evil government. But they knew it might happen, so they inserted an escape clause in our Bill of Rights.
Today, 210 years after the Bill of Rights became part of the Constitution, the Second Amendment is in tatters. Let's stop and think, for a moment, of the many ways in which this current unconstitutional government has infringed our right to keep and bear arms.
- Counting state, local, and federal laws and regulations, there are now over 20,000 separate rules regulating the use , possession, and transfer of firearms. Most of those rules are patent infringements of this most basic human right, to keep and bear arms in self-defense.
- The federal government has adopted many laws which violate the Second Amendment. Automatic weapons are subject to a special tax. People who want to buy or sell guns are required to ask for permission. Guns with large magazines are prohibited. Every one of these restrictions is an infringement of your right to keep and bear arms.
- Federal law also includes prohibitions against certain kinds of ammunition. Specifically, "armor-piercing" bullets are illegal. Guns with very short barrels are also illegal. The net effect? The very types of guns and ammunition the American people must have to defend our country against a self-proclaimed military dictator are not freely available. But they should be! And they must be, if freedom is to endure.
- State and local laws in many jurisdictions prohibit concealed carry. People who wish to carry a concealed weapon are required to obtain a license, or permit. In many cities these licenses are never issued. People can apply for them, but the government won't issue them.
The Second Amendment does not say that people can apply for permission to keep and bear arms. It says that you have the right to keep and bear arms. It does not say "except for concealed weapons." It says that you have the right to bear arms. It's your right, and so it must be your choice. You -- not the government -- can decide what kind of gun you need, and when you need it, and how you want to carry it. As long as you use it only for lawful purposes -- for self-defense -- the government has absolutely no lawful authority to restrict your Second Amendment right.
- Here in Denver the city council has adopted a particularly odious piece of legis lation known as Chapter 38-117.5(b) of the Revised Municipal Code. This unconstitutional piece of garbage says that citizens are not allowed to bear arms within the city limits. The traitors on the city council passed this ordinance even though they knew all about the Second Amendment. They knew all about Article II, Section 13 of the constitution of Colorado, which says, "The right of no person to keep and bear arms in defense of his home, person, and property, ... shall be called in question."
Why did they pass this unconstitutional ordinance? Because they don't care about you, or your rights, or the Constitution. They only care about power over other people -- obtaining it, extending it, and grasping it. They want to run your life. And they know that you might resist them if you have a gun. They're not ready to say you can't even own a gun. Not yet. But they do say that you can't carry it with you. Small steps. Infringements. Tyranny -- an inch at a time.
Unlike the Denver city council, I care about the Constitution. I believe that your rights, and my rights, and everybody's rights, are important. An unconstitutional enactment is not a law. Today I am challenging this unconstitutional ordinance by violating it deliberately and peacefully. But before I do that and the Denver police take me into custody, I want to tell you what you can do to make the Second Amendment a living, breathing reality once again.
- Elect Libertarians to public office. If you're not registered to vote, go out and register. Vote for Libertarians every chance you get. They're all about defending the Constitution and the Bill of Rights.
- Join my campaign team. I am a candidate for the office of U.S. Senator. The election will be held next November. My campaign team is already hard at work. But it's pitifully small, and under-funded. Join my team, and help elect me to the U.S. Senate so I can start fighting for your rights at the federal level. You can talk to David Bryant or Michelle Konieczny -- they're here today. Or visit my web site the next time you're online: www.stanley2002.org.
Help spread the word about what has happened here today all across America. I am issuing a public call for monthly public demonstrations in support of the Bill of Rights. The Second American Revolution has already begun. It is time to spread it to every state in America.
Today I am taking a stand against an unconstitutional city ordinance. There are thousands of unconstitutional laws on the books today. Now is the time to force their repeal. We need to hold another rally here in Denver in January, and in February, and every month after that, until all the unconstitutional laws have been repealed. And we can't just do it in Denver. We need support in this effort from people all across the country.
I am calling upon citizens all across America to join the Second American Revolution. Organize a rally in your hometown. Set one up in the capital city of your state. Speak out against all the unconstitutional laws this sitting government has enacted. And don't stop there. Do it again, and again, and again -- until all the unconstitutional laws have been repealed.
When these rallies are happening regularly, in every capital city of every state in America, the politicians will have to sit up and listen. They know they have been passing unconstitutional laws. They don't want to listen when Libertarians say that what they're doing is wrong. Well, dammit, the time for whispering is behind us. We have got to shout our message from the rooftops, before it's too late. If we don't act now, our last best chance to preserve liberty in America will be lost. Do not let that happen!
- I know that there are many militia groups in America. The politicians and their media lapdogs have been poking fun at them for years. You militia members deserve respect. You know more about the Second Amendment, and what it truly means, than all the politicians inside the Beltway put together.
It is time for all the militia groups in America to band together. The battle for liberty can still be won with ballots, not bullets. But the danger is imminent. The recently enacted "Patriot Act" is a direct assault upon the entire Bill of Rights. The traitors in Washington are getting bolder. We must be ready to defend our liberty with all the force at our command, if they push it that far.
I'm calling out today for the formation of a new Second American Revolution militia, to embrace all the militias across America.
I've already read you part of the Declaration of Independence -- the most familiar part. Now I'd like to read the next two sentences, the part the politicians want you to forget about.
"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." Think about the "Patriot Act." Think about the thousands of unconstitutional laws this sitting government has enacted. It is a long train of a buses and usurpations, pursuing invariably the same Object: to reduce you, and me, and all Americans, under absolute Despotism.
It is our right, it is our duty, to throw off this unconstitutional government. I'm ready to do my duty. Are you?
##30##
"Only if the judicial system follows the law and the Constitution, which has been rare in recent history."
If the judicial system follows the law, he will lose. If it follows the Constitution, he will win. It is important here to make the point that it is the law which is unconstitutional. That's what these two guys are trying to demonstrate by going to jail.
"The Second Amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the National government, leaving the people to look for their protection against any violation by their fellow-citizens..." -- US Supreme Court, Presser v. State of Illinois, 116 U.S. 252 (1886)
If some of the school staff had been carrying firearms they might have been able to stop Klebold and Harris sooner.
In James Madison's mind this was indeed true. However, if you think about it, the vast majority of local laws supercede the Bill of Rights and the Constitution. I'll refer you to your local zoning ordinances as a starting point. If you really want to be disgusted, pick up your local municipal code and compare it to the Bill of Rights. Your head will start spinning.......
Either you just lied or you're ignorant. A national CCW law would violate the 2nd Amendment -- in infringes on a person's right to keep and bear arms. I'll let you correct the error by asking again: Do you advocate upholding the 2nd Amendment or do you advocate gun control?
Whatever it takes to keep from being arrested for arming yourself, yes.
It does not, it's may issue. Some sheriffs hand them out easily, others (like in Denver) only issue to the well-connected.
But at the same time, I think open carry is not illegal and should NOT be illegal. If you have the cahunas to open carry then you should be allowed to.
The Colorado Constitution is pretty clear about it; open carry is explicitly protected.
That's the whole point. YOU already have the right to carry arms; concealed or otherwise. The problem is WE have allowed the government to infringe/take the right away. Folks like you want to request/beg the Governent for the privlege (with severe restrictions) to excersise a God given right you already had; as recognized by the Constitution. At least the Libertarians understand the argument.
Best Regards!
Buckeroo
gibraltar@discover.net
IMHO, he is a patriot to do so ... not a jerk, not looney ... he knows exactly what he is doing. Again, I appluad him for it because he understands what our founders meant by liberty and the right to defend one's self.
Here's the only "Gun Legislation" I am willing to support:
"The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." Article II, Section 13.
Colorado does have a concealed carry permit system, with permist issued by "chief of police of a city or city and county, or the sheriff of a county". The quote is from NRA-ILA, as is the Constitutional quote above. I'ts not clear from the NRA-ILA information if the carry permits are "Shall issue" or "may issue", although the law directs (shall) the local LEO to conduct a background info. Colorado Freepers should have more information.
I own a business, and in my state you can obtain a permit to carry. It allows you to carry it, concealed or not, in public with some exceptions like banks, schools, etc. In my business, however, I have the right to ask you not to bring a loaded weapon in. And I've exercised that right with a guy who strolled in with a Glock strapped proudly on his side. I asked him very politely to leave the gun in the car. He told me he had a permit and didn't have to. I first explained to him that I support the right to bear arms as much as anyone. I then explained that I also have the right to say whether or not you can carry one on my property and that my decision was that he could not. He got angry and left, but later came back, with an empty holster. I thanked him for respecting my rules and all is well.
MM
I disagree, I think it helps by making a permit system, with background investigations and mandatory training look downride "common sense". Not that I agree with that notion. The second amendment does not have any exceptions for concealed carry, nor for carry in cities, or most anywhere. Private property excepted of course, the owner can make any restrictions he/she/ or they choose.
Funny, the first amendment explicitly says "Congress" but the court still won't let state and local laws infringe on 1st amendment rights.
Interesting. I would not have gotten angry, but I also would never have come back.
A national CCW would mean getting permission from the Feds to carry, that is pure insanity! The only workable soultion is CCW permits issued by every state, recognized nationally.
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