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Firearms Legal Protection

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  1. #1
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    Is The Second Amendment a Second-Class Right?

    Ruling That the Second Amendment Is a Second-class Right Faces Dissent

    By Bob Adelman
    The New American
    December 10th. 2018




    The ruling by the U.S. Circuit Court of Appeals last week not only perfectly exposed the damage Obama appointees have done to precious constitutional rights but also showed how Trump appointees are already laboring to repair that damage.

    President Obama appointed 329 people to federal judgeships during his eight-year administration, including one Patty Shwartz, who wrote the majority opinion in a Second Amendment lawsuit upholding New Jersey’s ban on magazines holding more than 10 rounds.

    She wrote:

    Today we address whether one of New Jersey’s responses to the rise in active and mass shooting incidents in the United States — a law that limits the amount of ammunition that may be held in a single firearm magazine to no more than ten rounds — violates the Second Amendment, the Fifth Amendment’s Takings Clause, and the Fourteenth Amendment’s Equal Protection Clause. We conclude that it does not.

    Dissenting in the case was a freshly minted circuit court judge nominated by President Trump: Stephanos Bibas (shown). Bibas is a brilliant legal mind who is not only the 15th-most-cited law professor by the Supreme Court, the U.S. Court of Appeals, and numerous state high courts, but also the fifth-most-cited professor of criminal law and procedure by professors teaching in law schools around the country.

    Bibas assumed office on November 20, 2017 and chose the case the Association of New Jersey Rifle and Pistol Clubs, Inc. v. the Attorney General of the State of New Jersey to take Shwartz to task over her frivolous treatment of the Second Amendment as a second-class right not entitled to a full and robust defense against anti-gun outfits such as Everytown for Gun Safety, which defended New Jersey’s attorney general in the case.

    Bibas opened his dissent declaring that “the Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our [your] own sense of wise policy.”

    For 19 pages he not only provided a defense of the Second Amendment that obliterated Schwartz’s opinion but prepared the case for appeal to the Supreme Court. In essence, Bibas did the Supreme Court’s homework on the case, should the high court decide to review it on appeal. Here are just a few of the salient points Bibas made in his exterpation of the majority opinion in the New Jersey case:

    The Second Amendment provides a right to “keep and bear Arms.” U.S. Const. amend. II. [Emphasis added.] It protects possessing arms, not just firing them. So the majority misses a key part of the Second Amendment. The analysis cannot turn on how many bullets are fired….

    New Jersey has not met its burden to overcome intermediate scrutiny [the state must prove the ban serves an “important” public interest], let alone strict scrutiny [the state must prove the ban serves a “compelling” public interest]. True, the government has a compelling interest in reducing the harm from mass shootings. No one disputes that. But New Jersey has failed to show how the ban advances its interest….

    The majority’s concerns are understandable. Guns kill people. States should be able to experiment with reasonable gun laws to promote public safety. And they need not wait for mass shootings before acting. The government’s and the majority’s position may thus be wise policy. But that is not for us to decide. The Second Amendment is an equal part of the Bill of Rights. And the Supreme Court has repeatedly told us not to treat it differently.

    In this specific case Bibas was in the minority. But he has done his homework. He was one of the judges on the Federalist Society’s approved list of constitutionalists for the president to consider and is now tasked with correcting the majority when they go astray. As Trump’s appointees permeate the fabric of American jurisprudence, they will increasingly take on the task of bringing the U.S. ship of state back to its original moorings.

  2. #2
    MGO Member Roundballer's Avatar
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    The right to keep and bear ARMS shall not be infringed

    arms
    /ärmz/
    noun
    plural noun: arms

    1.
    weapons and ammunition; armaments.
    "they were subjugated by force of arms"
    synonyms: weapons, weaponry, firearms, guns, ordnance, artillery, armaments, munitions, matériel

    All of the words in that phrase mean something, and it is stated as an absolute. The prefatory clause before it is just that, it has no bearing on the statement.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  3. #3
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    Anyone on the left will tell you that carrying a gun is a privilege and not a right.

  4. #4
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by ChaneyD View Post
    Anyone on the left will tell you that carrying a gun is a privilege and not a right.
    The right to keep and BEAR arms shall not be infringed


    bear1
    /ber/
    verb
    verb: bear; 3rd person present: bears; past tense: bore; gerund or present participle: bearing; past participle: borne

    1.
    (of a person) carry.
    "he was bearing a tray of brimming glasses"
    synonyms: carry, bring, transport, move, convey, take, fetch, deliver, tote, lug
    "I come bearing gifts"
    (of a vehicle or boat) convey (passengers or cargo).
    "steamboats bear the traveler out of Kerrerra Sound"
    have or display as a visible mark or feature.
    "a small boat bearing a white flag"
    synonyms: display, exhibit, be marked with, show, carry, have
    "the bag bore my name"
    be called by (a name or title).
    "he bore the surname Tiller"
    carry or conduct oneself in a particular manner.
    "she bore herself with dignity"
    synonyms: conduct oneself, carry oneself, acquit oneself, act, behave, perform; formalcomport oneself
    "he bore himself with confidence"
    2.
    support.
    "walls that cannot bear a stone vault"
    synonyms: support, carry, hold up, prop up
    "will it bear his weight?"
    take responsibility for.
    "no one likes to bear the responsibility for such decisions"
    synonyms: sustain, carry, support, shoulder, absorb, take on
    "they can't bear the cost alone"
    be able to accept or stand up to.
    "it is doubtful whether either of these distinctions would bear scrutiny"
    synonyms: withstand, stand up to, stand, put up with, take, cope with, handle, sustain, accept
    "such a solution does not bear close scrutiny"
    3.
    endure (an ordeal or difficulty).
    "she bore the pain stoically"
    manage to tolerate (a situation or experience).
    "she could hardly bear his sarcasm"
    synonyms: endure, tolerate, put up with, stand, abide, submit to, experience, undergo, go through, countenance, brave, weather, stomach; More

    "I can't bear having him around"
    strongly dislike.
    "I can't bear caviar"
    4.
    give birth to (a child).
    "she bore six daughters"
    synonyms: give birth to, bring forth, deliver, be delivered of, have, produce, spawn, birth; More

    "she bore a son"
    (of a tree or plant) produce (fruit or flowers).
    "a squash that bears fruit shaped like cucumbers"
    synonyms: produce, yield, give forth, give, grow, provide, supply
    "a shrub that bears yellow berries"



    They have already argued that the word "bear" means that a single person must be able to physically pick it up and move it, which is obviously not a limitation in the definition. It is a pitiful argument that can be refuted with a dictionary.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  5. #5
    Legal Forum Contributor / Super Moderator SteveS's Avatar
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    Is it treated as a 2nd Class right by all three branches of the federal government....absolutely.

    Should it be....absolutely not.
    Opinions and comments made by me on this forum should not be considered legal advice.

  6. #6
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    Quote Originally Posted by SteveS View Post
    Is it treated as a 2nd Class right by all three branches of the federal government....absolutely.

    Should it be....absolutely not.
    Explain?

  7. #7
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    Quote Originally Posted by ChaneyD View Post
    Explain?
    legislature craps all over it, ignoring the "shall not be infringed" part.
    executive branch craps all over it by signing bill after bill supporting gun control. Obama, bush, clinton, bush, reagan... and trump is nothing like the friend he claimed to be
    courts crap all over it by not bothering to take cases of clear unconstitutional infringement or slap the legislature down when they need it.
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

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