An Unconstitutional Law Ain't a Law
Posted in the Columbus Forum
“animis opibusque parati”
Since: Oct 12
#1 Jan 16, 2013
AN OPEN LETTER TO MY BROTHERS AND SISTERS IN NEW YORK LAW ENFORCEMENT: An Unconstitutional Law Ain't a Law
Norton v. Shelby County - 118 U.S. 425 (1886):
"An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed."
To my brothers and sisters serving in New York law enforcement:
Without public input from stakeholders, without any review from voters, and without discussion in a single public forum, the governor of New York and the state legislature slammed into place one of the nation's most restrictive gun laws yesterday.
The new laws classify more semiautomatic rifles as so-called assault weapons [thereby banning them], requires many gun owners to renew their licenses every five years, increases the regularity of background checks and makes it illegal to own ammunition magazines with more than seven rounds... Some gun-control advocates said the legislation gave New York the nation's most stringent firearms laws.
In fact, this law not only violates the Constitution's Second Amendment, the Supreme Court confirmed that fact just a handful of years ago when it ruled the District of Columbia's gun ban was unlawful.
In 2007, a panel for the U.S. Court of Appeals for the D.C. Circuit ruled that the city's gun ban was unconstitutional. Senior Judge Laurence H. Silberman wrote in the majority opinion that "the black market for handguns in the District is so strong that handguns are readily available (probably at little premium) to criminals. It is asserted, therefore that the D.C. gun control laws irrationally prevent only law abiding citizens from owning handguns."
The ruling was affirmed the following year by the Supreme Court in District of Columbia v. Heller. Justice Antonin Scalia's majority opinion said that citizens were guaranteed a right to keep firearms that were in common use in their homes for self-defense, but that the government could pass reasonable regulations concerning firearms and ammunition.
...Since the gun ban was struck down, murders in the District have steadily gone down, from 186 in 2008 to 88 in 2012, the lowest number since the law was enacted in 1976. The decline resulted from a variety of factors, but losing the gun ban certainly did not produce the rise in murders that many might have expected.
New York's new law bans guns that are "in common use" and passes unreasonable restrictions on magazines (try to find a seven-round magazine just for grins).
The plain language of the Heller decision renders New York's restrictions unconstitutional.
In Oregon, for instance, multiple sheriffs have told the federal government that any unconstitutional restrictions on guns will not be enforced:
Another Oregon sheriff says he would refuse to enforce any new federal gun law he believes is unconstitutional... Crook County Sheriff Jim Hensley said Tuesday he sent the same letter to Vice President Joe Biden that was sent Monday by Linn County Sheriff Tim Mueller.
The letter says politicians are attempting to exploit the deaths of innocent victims in the Connecticut school shooting by supporting laws that would harm law-abiding Americans.
Hensley told KTVZ he believes in the Second Amendment, and he says officials should consider other factors that may have a role in mass shootings, such as violent video games.
“animis opibusque parati”
Since: Oct 12
#2 Jan 16, 2013
Cuomo has violated his oath of office. He took an oath to uphold the Constitution and he lied. His flatly unconstitutional gun ban law should be ignored by law enforcement officials and citizens alike.
I encourage you to listen to Cuomo's "State of the State" speech, if only for a minute or two.
The speech was praised as groundbreaking and landmark by progressives who fretted for two years that they were fooled by the son of liberal icon Mario Cuomo. Andrew Cuomo, they thought, had fashioned himself a new kind of Democrat focused on holding the line on spending and taxes.
"We are a community based on progressive principles," Cuomo said in Wednesday's often fiery speech. "We must remain that progressive capital of the nation."
Go ahead and listen [link]
At the risk of violating Godwin's law, I want you to close your eyes and transport yourself back to Germany in 1933 and imagine this same speech.
The hysterical rhetoric, the shrieking dialect, the fomenting of panic, the over-the-top lies, and the demonization of a large, law-abiding segment of the population.
The progressive movement is at war with the Constitution.
No self-described "progressive" can honestly take an oath of office to uphold the Constitution. The two philosophies are oil and water.
Cuomo's unconstitutional gun control laws hold no weight and should therefore be given all of the regard they deserve. Which is to say, none.
#3 Mar 2, 2013
Cuomo's law was quite strategic in that he created a law that I think he knows will die at the Supreme Court. The reason for that would be even if it die's he can say "I tried" and get the votes from the Left in future election's. That's quite a lot of people.
Now for my opinion should the law be enforced. Short answer is NO. Law enforcement agencies has taken an oath to uphold and protect the US constitution as well as its citizen. To enforce an unconstitutional law would be to break that oath. It would be the same as if a doctor break's his Hippocratic oath.
Cuomo isn't the only one who has put forth an unconstitutional law on guns. Sullivan's Act of 1911 violates our Constitution in that you have to pay a fee for a human right, you are then subject to employment chacks and so forth, you depend on the statements of 4 character witnesses (just ordinary people) and then a bureaucrat sitting in an office who could be bias toward gun control decides weather you can have a permit or not. All of that is completely a violation of the constitution. You do not have to pay, beg or ask to receive a basic human right give at birth. This is much like the Voters taxes African Americans faced in the 1800 to deter them from voting.
Not even muzzle loading pistols are exempt from the ignorant laws. You can posses a muzzle loading pistol (ex. 1851 Colt Navy Revolver) but you cannot have the implements to load it without a permit. This makes as much sense as tits on a bull. We all know how many people out there love to commit crimes with a muzzle loader.....They just love the 3 to 6 minute reload times.
Now I was born and raised throughout the South from FL to TN and never have I seen such backwards gun laws. I have nothing against the people in NY but the stupid politicians who run the state need to be removed from office. I feel people in NY are discriminated against, oppressed and downright trampled by their own state. So many NY laws have been made that are so stupid that a person cannot obey them all. I can easily say that all of us violate some stupid NY law by accident probably everyday because there are nothing but tyrants who run the state.
These people in office should be tried for treason and anyone who enforces a law should be tried as well. because when the state fails to protect its people then it falls on the shoulders of the officers who swore to protect them. I personally think it should be law and a requirement for officers to take a civil rights course and a complete class on the constitution before being allowed in the police force. This would ensure that the police would be attuned to the basic laws of the land and would know how to uphold them for times like this.
But I will say that I will no longer vote for politicians and sheriffs who will not uphold our Constitution and I will ignore every and all gun laws of NY state because all of them are unconstitutional.
#4 Mar 2, 2013
Its not a law
#5 Mar 3, 2013
The only government entity with the constitutional authority to regulate gun ownership is local government.
All fed and state gun laws are illegal.
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