Posted on 12/06/2002 9:45:39 AM PST by 45Auto
The subversive traitors at the Ninth Circuit Court of Appeals just dismissed a challenge to the "assault weapons' ban for lack of standing because "the Second Amendment does not confer an individual right to own or possess arms."
Among their footnote citations: "Gun Control, A Historical Overview," by Michael Bellesilles.
Foremost in their mindset: claiming the Second Amendment is "a relatively obscure constitutional provision."
They lie and say the individual rights model has "never been adopted by any court until" Emerson, and reaffirm their support for the "collective right" model.
They then go on to quote Warren Burger-not from any legal opinion-but from Parade Magazine.
The remainder of the flawed historical analysis will be picked over in the days to come. The bottom line:
We have no "legal" recourse left to us. Obey or be destroyed.
Meanwhile, John Ashcroft continues to ignore over 20,000 signatures sent to him with the Petition for Enforcement of the Second Amendment imploring that he do his sworn duty and enforce the supreme law of the land.
If he continues to ignore us, and if the Supreme Court continues to evade its Constitutional responsibility by refusing to hear Second Amendment challenges, then there are only two options left: surrender or rebellion.
David Codrea is a co-founder and director for the national pro-rights media campaign, Citizens of America (CitizensOfAmerica.org), and an advisor and contributor for KeepAndBearArms.com. His professional writing is featured often in Guns and Ammo magazine. Additionally, he is the national coordinator for A Petition for the Enforcement of the Second Amendment (KeepAndBearArms.com/Petition). His archives can be accessed here: KeepAndBearArms.com/Codrea.
QUOTES TO REMEMBER The average man's love of liberty is nine-tenths imaginary. It takes a special sort of man to understand and enjoy liberty — and he is usually an outlaw in democratic societies. —H.L. MENCKEN
Not that they have the cajones to do this on their own, it's just that they have annointed the jack-boot as the rightful possessor of useful firearms. The grateful jack-boot will in turn honor their masters by obediently moving to crush anyone that isn't likewise grateful and obedient.
It's not that the jack-boot has cajones either. They were born w/o them, and the brains needed to control them. The jack-boot you see, is just like a vicious dog with blood red eyes, that spends his waking hours drooling and hunting for something to devoir.
Molon Labe!
The subversive traitors at the Ninth Circuit Court of Appeals just dismissed a challenge to the "assault weapons' ban for lack of standing because "the Second Amendment does not confer an individual right to own or possess arms."
IMPEACHING FEDERAL JUDGES:A COVENANTAL AND CONSTITUTIONAL RESPONSE TO JUDICIAL TYRANNY
Earlier this month the Supreme Court issued its ruling in United States v. Oakland Cannabis Buyers Cooperative, the closely-watched "medical marijuana" case. By a vote of eight to zero (Justice Breyer recused himself because his brother was the district court judge in the case below), the Court reversed the United States Court of Appeals for the Ninth Circuit and reached the unsurprising conclusion that properly authorized federal law prevails over state law. It was a holding as old as the Constitution itself, which provides in Article VI that "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land." One might challenge the application of federal drug laws to wholly intrastate manufacture and distribution as outside the scope of Congress's powers under the Commerce Clause, but that claim was not part of the case. Instead, the Ninth Circuit had held that there was an implied "medical necessity" exemption to the federal drug laws. The Supreme Court unanimously held otherwise.
It was the fifth time the Ninth Circuit had been reversed in a month. Seven of eight cases already decided by the high Court this year from the Ninth Circuit have been reversed, and six of those seven were by unanimous or nearly unanimous rulings. A few years ago, the Supreme Court even took the extraordinary step of issuing a special order barring the Ninth Circuit from issuing any further last-minute rulings in a death penalty case. The year I was fortunate enough to serve as a law clerk at the Supreme Court, 28 of 29 cases from the Ninth Circuit resulted in reversals. It is almost as if one could write a word processing macro — call it the [Alt-9] macro — which would automatically insert at the end of any opinion involving a case from the Ninth Circuit the following conclusion: "The opinion of the Ninth Circuit is reversed; the decision of the Court is unanimous."
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
It was the fifth time the Ninth Circuit had been reversed in a month. Seven of eight cases already decided by the high Court this year from the Ninth Circuit have been reversed, and six of those seven were by unanimous or nearly unanimous rulings. A few years ago, the Supreme Court even took the extraordinary step of issuing a special order barring the Ninth Circuit from issuing any further last-minute rulings in a death penalty case. The year I was fortunate enough to serve as a law clerk at the Supreme Court, 28 of 29 cases from the Ninth Circuit resulted in reversals. It is almost as if one could write a word processing macro — call it the [Alt-9] macro — which would automatically insert at the end of any opinion involving a case from the Ninth Circuit the following conclusion: "The opinion of the Ninth Circuit is reversed; the decision of the Court is unanimous."
My own interpretation is that the 2nd speaks of an unrestricted right to own and carry any type of small arm, and that ALL gun laws, both state and federal are unconstitutional where they abridge the RKBA for law-abiding citizens. That means Vermont CCW; that means no waiting period; that means full-auto, short-barreled, and/or suppressed small arms. That means .50 cal portable rifles. And no damn registration, licensing, and/or fees.
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