Imagine the case being made in 1775 that this man had no right to his gun, and it was in the interests or public safety to take it from him– in other words, Gen. Gage’s position. Now imagine some Tory arguing such a gun was not in common use at the time. These lying arguments are exactly what modern gun-grabbers claim about today’s militia-suitable arms, and our right to keep and bear them.
by David Codrea
Rather than send the Maryland firearm and magazine ban case back down to a lower court as ordered by a three-judge panel last month, a majority of the Richmond-based 4th Circuit Court of Appeals voted to rehear the case in May, The Washington Post reported. Maryland’s edict “bans the possession or sale of more than 45 types of assault weapons.”
The lawsuit challenging Maryland’s ban, enacted by “we must do something” opportunists following Sandy Hook, resulted in what attorney Andrew Branca called a “Big #2A Win,” in that the panel applied “strict scrutiny,” a standard of legal review requiring a “law must advance not merely any governmental interest, but in particular a compelling governmental interest [and] the law must also be narrowly tailored to actually achieve that interest.”
That’s a much higher bar to meet than “intermediate scrutiny,” which pretty much allows a government to get away with whatever it wants with an unproven “public safety” claim. Under strict scrutiny, Branca noted, “the vast majority of gun laws currently on the books would inescapably be found to be unconstitutional infringements of the Second Amendment, and discarded.”
We reviewed the case last month, noting that positive news aside, a danger still exists until such time as another standard applied to “legality” of weapons – “in common use at the time” – is irrevocably recognized as meaning what a militia would need to fulfill its function:
33% of Americans Believe It’s Time for States to Openly Defy the Feds -- And that Number is Growing!
If you are one that believes the Supreme Court is the final arbiter of what is lawful and constitutional, then you have believed a lie and a myth that Jefferson warned about.
The States still retain their rights to this day to defy the federal judiciary, which has become an oligarchy. We just need strong statesmen as governors and legislatures to make that stand! The people will get behind those that will take the stand, but we must first seek out those willing to put all they are on the line for the sake of freedom, not necessarily a political future.
“Perhaps even more disturbing is that the voters who feel strongest about overriding the federal courts – Republicans and conservatives -- are those who traditionally have been the most supportive of the Constitution and separation of powers,” reports Rasmussen. “During the Obama years, however, these voters have become increasingly suspicious and even hostile toward the federal government.”
In writing to William Jarvis, Jefferson said, “You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
The germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.”
Freedom outpost
All gun banning laws are unconstitutional. The Second Amendment gives us the right to keep and bear arms, it does limit how many guns we can possess, nor does it limit the type of guns, the amount of or kind of ammo we can possess. The Constitution also states that this right shall NOT be infringed, which means that the feds have NO right or power to to enact road blocks to this right.