Posted on 02/06/2024 2:29:51 PM PST by CFW
California gun owners didn’t get to enjoy a full week of freedom as they did when Judge Roger Benitez enjoined the state’s ban on “large capacity” magazines a few years ago, but as attorney Kostas Moros wrote on X, the Ninth Circuit’s delayed stay in Rhode v. Bonta allowed them to experience what purchasing ammunition is like in the rest of the country for a short period of time.
[embedded court ruling]
Unfortunately, that brief taste of freedom came to an end, at least temporarily, on Monday evening as a three-judge panel on the Ninth Circuit granted Attorney General Rob Bonta’s request for a stay. That means that gun owners in the state are once again subjected to a background check every time they purchase ammunition, and are prohibited from purchasing ammunition online or out-of-state.
(Excerpt) Read more at bearingarms.com ...
This is all very interesting. The American revolution went from incipient to hot when the British marched on Lexington and Concord to confiscate.. ammunition.
Or what passed for ammunition in those days. Black powder and any lead shot they could get their hands on.
C.W.
"After Several Days of Freedom, Ninth Circuit [??? emphasis added] Resurrects California Ammo Law"
FR: Never Accept the Premise of Your Opponent’s Argument
Anti-2nd Amendment (2A) activist judges aside, the bigger problem with 2A protections is that we're currently stuck with a worthless, corrupt Congress that scandalously refuses to do its constitutionally enumerated duty to strengthen constitutionally enumerated protections from abridgment by renegade states, evidenced by Section 1 of the 14th Amendment (14A).
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 Rep. John Bingham, the main author of Section 1, had included 2A when he read the Bill of Rights as main examples of constitutionally enumerated rights that 14A applies to the states.
“See 2nd Amendment (Article II) about middle of 2nd column.” — John Bingham, Appendix to the Congressional Globe
Misguided (imo) judges also seem to be ignoring that, in this troubling time of failed Democratic and RINO border policy, state abridgment of 2A protections also unthinkingly weakens the constitutionally enumerated right of a state to protect itself from invasion.
"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion [emphasis added]; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
The most immediate action that Democratic and Republican Trump-supporting patriots can take to protect themselves from state and judicial abridgment of 2A protections is this. Hopeful Trump 47 supporters need to primary ALL incumbent lawmakers, except for MTG, Gaetz & Company (and others?), and elect a new Constitution-respecting Congress that will support Trump to finish draining the swamp, including cleaning up the anti-2A courts.
In fact, many patriots now have the right idea about corrupt, Biden-protecting Congress in this early part of a presidential election year. ("YOU'RE FIRED!")
Pay with cash, no paper trail.
Yes, congress should claw back the overreach by voiding all state or local laws regarding the 2nd amendment. I won’t hold my breadth on that one.
Algodones New Mexico?
Tracking payment is too complex, and might require a warrant. License plate reading cameras are absolutely everywhere now. Even in our neighborhoods. If I were a jack boot, I'd just use these cameras to watch the parking lots of gun stores near the border for CA plates, and flag these plates if they cross back into CA on the same day. Let AI do the job. I wouldn't be surprised if this is already done, though there might be some legal reasons it isn't, like the interstate surveillance by state/local agencies.
No, Los Algodones just south and west of Yuma. Tiny little bordertown of about 500 folks, but a bustling tourist destination for cheap eye exams and dental work. You literally park just inside the USA in California and walk across to go wherever. The best shrimp tacos I’ve ever had, BTW, were at a little stand about 4 blocks in.
I wonder if you could use a flying drone to deliver the package across the border. Drones could be set to follow pre-selected routes and landing areas. If your car gets searched, you're cleared to go. Pick up the package on the other side well away from inspection sites.
I used to live near the NM version.
Work in 2 man teams. Switch cars offsite.
They stopped the vegetables but let all the Fruits in.
Tyranny sweet tyranny...
What as wonderful time to live in this country...
All these idiotic liberal fascists have done is establish a black market for ammo.
YOu can hear the brass tinkle all the wat from Las Vegas to Los Angeles. Illegal aliens are buying guns and ammo from the cartel gangs ......wow......these liberal fascists are just so smart....like post turtles.
"Yes, congress should claw back the overreach by voiding all state or local laws regarding the 2nd amendment."
Not only does 2A show that the states have the power to train their own militias, but the Constitution's 4.4 from previous post also shows that its drafters had ordered the untrusted federal government to STAND DOWN to domestic violence unless a state formally requests federal assistance in helping to stop such violence.
"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence [emphasis added]."
So there's no way that Congress can legislatively void constitutionally protected state laws dealing with state militia and state violence imo.
And speaking of 4.4's domestic violence clause, note that the congressional record also shows that Rep. John Bingham, the main author of Section 1 of 14A mentioned in previous post, had also noted that, until 14A was ratified, the states had never expressly constitutionally given the distrusted peacetime federal government the specific power to make penal code, not even for murder!
"Our Constitution never conferred upon the Congress of the United States the power - sacred as life is, first as it is before all other rights which pertain to man on this side of the grave - to protect it in time of peace by the terrors of the penal code within organized states; and Congress has never attempted to do it. There never was a law upon the United States statute-book to punish the murderer for taking away in time of peace the life of the noblest, and the most unoffending, as well, of your citizens, within the limits of any State of the Union [emphases added]. The protection of the citizen in that respect was left to the respective States, and there the power is to-day.” —Rep. John Bingham, Congressional Globe. (See bottom half of third column.)
The above excerpt about Bingham gets us back to Sections 1 and 5 of 14A, which indicate that Congress now has the 14A power to make peacetime gun laws. (Oh-noes!)
H O W E V E R ...
The irony of Congress's power to make gun laws is that such laws are limited by 14A to STRENGTHENING constitutionally enumerated rights from abridgment by states like renegade California is now doing imo.
In fact, the Supreme Court had acknowledged Congress's 14A duty to strengthen constitutionally enumerated protections in Minor v. Happersett, Congress now wrongly ignoring its duty to strengthen 2A protections from abridgment by California and other states.
Excerpted from Minor v. Happersett:
“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 furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
So why do we now have unconstitutional (imo), peacetime restrictive federal gun laws?
Consider that federal restrictive gun laws started appearing in the books during the administration of infamously Constitution-ignoring FDR.
Franklin Roosevelt: The Father of Gun Control
In fact, note that major peacetime restrictive federal gun laws got started in the 1900s under FDR, not in the 17 or 1800s.
Major federal gun laws (Non-FR)
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.