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GratefulCitizen 06-05-2021 11:10

Still reading the decision, but something starting on page 25 is critical:
Burden of proof.

“The constitutional imperative is on the government to not infringe. The correct starting orientation is that no arm may be prohibited.”
(page 26)

<edit>

The whole section on “Militia Use” starting on page 80 is also critical.

This opinion cuts to the core issues.
It is excellently written and may serve as a foundation for future 2nd amendment cases.

“In the end, the Bill of Rights is not a list of suggestions or guidelines for social balancing. The Bill of Rights prevents the tyranny of the majority from taking away the rights of a minority. When a state nibbles on Constitutional rights, who protects the minorities? The federal courts. The Second Amendment protects any law-abiding citizen’s right to choose to be armed to defend himself, his family, and his home. At the same time, the Second Amendment protects a citizen’s right to keep and bear arms to use should the militia be needed to fight against invaders, terrorists, and tyrants. The Second Amendment is about America’s freedom: the freedom to protect oneself, family, home, and homeland. California’s assault weapon ban disrespects that freedom.”
(pages 91-92)

In the conclusion:
“There is only one policy enshrined in the Bill of Rights. Guns and ammunition in the hands of criminals, tyrants and terrorists are dangerous; guns in the hands of law-abiding responsible citizens are better.”
(page 92)

https://d3n8a8pro7vhmx.cloudfront.ne...pdf?1622850515

bubba 06-05-2021 11:27

Quote:

Still reading the decision, but something starting on page 25 is critical:
Burden of proof.

“The constitutional imperative is on the government to not infringe. The correct starting orientation is that no arm may be prohibited.”
(page 26)

https://d3n8a8pro7vhmx.cloudfront.ne...pdf?1622850515
This could (strong emphasis on COULD) be the one damn sentence that unlocks the whole Gordian Knot! This will almost undoubtedly get to the “9 clown side show in black robes” and then the entire thing is at best a 50/50.

From Page 32 & 33
Quote:

While the Plaintiffs may have difficulty obtaining copies of actual police reports, surely the Attorney General has easy access. But the Attorney General has not offered a single California police report. There were 161 mass shootings in the last 40 years but there is no testimony from any percipient witness. There were instances of defensive gun use but no testimony from any defensive gun user. The Attorney General argues that a citizen defending himself really needs, on average, only 2.2 shots. But there is no testimony from any home defender. No victim was called to testify about how many shots he or she would have wanted to have ready to fire during their actual home invasion.

(1VB)compforce 06-05-2021 12:12

Quote:

Originally Posted by Old Dog New Trick (Post 669449)
Good news story for the day.

Judge rules California's ban on assault weapons unconstitutional

https://apple.news/Ays6D6gs8QI2U-VH3zvydyw

"Government is not free to impose its own new policy choices on American citizens where Constitutional rights are concerned," the judge wrote.

Quote:

Gov. Gavin Newsom was indignant in a statement late Friday.

"The fact that this judge compared the AR-15 — a weapon of war that’s used on the battlefield — to a Swiss Army Knife completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon," he said.
Is anyone aware of a military that issues AR-15's? I'm not. In which war or on which battlefield was the AR-15 used? I'm a little fuzzy on where the Governor gets his history. Perhaps someone should ask him for a citation for his statement.

Old Dog New Trick 06-05-2021 13:20

Quote:

Originally Posted by (1VB)compforce (Post 669454)
Is anyone aware of a military that issues AR-15's? I'm not. In which war or on which battlefield was the AR-15 used? I'm a little fuzzy on where the Governor gets his history. Perhaps someone should ask him for a citation for his statement.

He used the Gun Control INC., and Mom’s Demand Action playbook. They all have a list of false information and deliberately misleading words to confuse people about the facts.



On a second note: the current Ninth Circuit is predominantly leaning conservative so it is a good time for this judge to open this can of worms (or is that whup-ass!)

Badger52 06-05-2021 16:11

Quote:

Originally Posted by Old Dog New Trick (Post 669455)
He used the Gun Control INC., and Mom’s Demand Action playbook. They all have a list of false information and deliberately misleading words to confuse people about the facts.



On a second note: the current Ninth Circuit is predominantly leaning conservative so it is a good time for this judge to open this can of worms (or is that whup-ass!)

Yes, will be interesting. This particular judge is regularly quick to issue stays on his own orders, so DPRCA will certainly appeal. But, other than SCOTUS, the 9th Circuit appointments were #1 on Pres. Trump's playlist and their usual RBG-like verdicts have gone almost 180°.

GratefulCitizen 06-06-2021 20:33

Watched a video which brought up an interesting observation.
The left seems very disturbed about the comparison of the AR-15 to a Swiss Army knife.

The left understands messaging.
This comparison scares them because it takes away the mystique of “assault weapons”.

Their biggest worry is guns becoming no big deal.

Badger52 06-07-2021 03:50

Quote:

Originally Posted by bubba (Post 669453)
This could (strong emphasis on COULD) be the one damn sentence that unlocks the whole Gordian Knot! This will almost undoubtedly get to the “9 clown side show in black robes” and then the entire thing is at best a 50/50.

From Page 32 & 33

Agree there is a lot of meat on the bone here. Some of the language is stuff you could hear issuing from Thomas' mouth (or Scalia's were he here). It is a tough sell sometimes in discussion with folks - and not just younger ones - to get them on any BoR topic to the starting point mentioned in the decision.

It often came up in discussions years ago regarding our state's availability of open-carry:
"Well, what's the law?"
"There is no law."
"Well, then you can't do that."
"Sit down, have some more coffee & let me explain about 'that which isn't prohibited is permitted'."

I don't think SCOTUS should take this; I hope they just b-slap CA and send it back affirming the decision.

Old Dog New Trick 06-07-2021 05:44

In my lifetime (which predates the 1968 GCA) have I seen conservatives from state and federal levels repudiate the overreach of the Democratic Party so blatantly as since the illegitimate election that was carried out in 2020. Lawmakers from local Sheriffs and Chiefs of Police, and up to state legislators (of both parties) and governors are pushing back on nearly every firearm control act or federal law that prohibits or infringes on the 2A and the rights guaranteed in the BoR.

If a “law” can’t be or won’t be enforced then it should be stricken from the books or re-written with the consent of the governed by a 2/3 majority. If it violates the constitution or BoR then it should go before the amendment process to be permanently changed and ratified by the states. No other process is acceptable and there is only one “right” that unequivocally stated “shall not be infringed”.

sfshooter 06-07-2021 22:40

ODNT, while I whole heartedly agree with you, there are unfortunately others in a position of power that don't.
Sit back folks and enjoy the ever vise-like grip of gun control to squeeze incrementally tighter and tighter:

https://americanmilitarynews.com/202...n-legislation/

It seems they have come up with a way to make things happen that don't involve the Legislature. Wouldn't it be awesome if we actually had some representatives in our government that would stand up to bureaucrats dictating law and its definitions?

Box 06-08-2021 09:22

Quote:

Originally Posted by sfshooter (Post 669505)
Wouldn't it be awesome if we actually had some representatives in our government that would stand up to bureaucrats dictating law and its definitions?

It would be - but any hopes of that happening in America evaporated when Mr Roarke and Tattoo went off the air during the Reagan administration.

Ret10Echo 06-08-2021 19:29

Within the states, results are consistently drawn on partisan lines.

Quote:

. HARRISBURG, Pa. (AP) — Resuming a long fight over local gun laws, Pennsylvania's House of Representatives is approving veto-destined legislation to help gun owners and gun-rights organizations force cities to repeal firearms restrictions.
Republican legislature... Democrat Governor. It's DOA

Ret10Echo 06-23-2021 06:10

An estimated 300,000 US gun purchases were blocked by background checks last year, with 42% due to prior felony convictions.



Forty million guns were purchased legally in 2020.

EricV 06-23-2021 08:09

40 million guns!?! The mind boggles!! Explains the ammo shortage though.

Badger52 06-23-2021 09:04

Quote:

Originally Posted by Ret10Echo (Post 669702)
An estimated 300,000 US gun purchases were blocked by background checks last year, with 42% due to prior felony convictions.



Forty million guns were purchased legally in 2020.

Well, oh Esteemed 40th Armor alum from West Berlin, that kinda looks like 'their' system works & the result is something once called "disparity of force."
:munchin

tom kelly 06-23-2021 11:24

"GUNS" in AMERICA:
 
There are a lot of guns in the U S A , BUT, Will there be a lot of people to use guns in the ongoing political science correctness war we are in... HAS the Shooting started ?

Box 06-23-2021 13:01

who needs guns to kill people when a vaccine is killing more healthy young people than COVID did...

Ret10Echo 07-08-2021 12:02

Quote:

Cuomo declares state of emergency over New York gun violence
By J.D. Allen
Published July 6, 2021 at 5:32 PM EDT
Wholly Horseshit Batman... "Emergency Declarations" how very autocratic of the failed party state of New York.

My sympathy and outrage are only metered by the fact that I've come around to the belief that if the people within the state or metropolitan areas do not reject and oust a tyrant or failed system then they have the government which they deserve.

New York
Detroit
Chicago
Baltimore
Kalifornia
San Francisco
L.A.

rsdengler 07-09-2021 10:17

Quote:

Originally Posted by Ret10Echo (Post 669911)
Wholly Horseshit Batman... "Emergency Declarations" how very autocratic of the failed party state of New York.

My sympathy and outrage are only metered by the fact that I've come around to the belief that if the people within the state or metropolitan areas do not reject and oust a tyrant or failed system then they have the government which they deserve.

New York
Detroit
Chicago
Baltimore
Kalifornia
San Francisco
L.A.

I wish they would open their eyes and see that they are now living in a failed system so to speak in their cities/states. They never do and they just go through life with blinders on because they cannot see, or fail to see the true tyrants they elect into office. Emergency Declarations from a system that an authoritarian official created, so Stasi of them.

GratefulCitizen 07-23-2021 18:20

Another important case fails to gain any publicity.
I haven’t read the whole thing (141 pages), but apparently the 4th Circuit struck down federal restrictions on 18-20 year olds purchasing handguns.

https://www.washingtonpost.com/natio...7cb_story.html

https://s3.documentcloud.org/documen...1/guns-pdf.pdf

Badger52 07-23-2021 19:17

Quote:

Originally Posted by GratefulCitizen (Post 670078)
Another important case fails to gain any publicity.

I'm confident that when the Department of Just Us goes for the full circuit review it will get some traction in the newsrooms of the usual suspects.

GratefulCitizen 07-26-2021 21:10

Quite a few state’s attorneys general are weighing in on an important SCOTUS case.
https://www.supremecourt.gov/DocketP...0al.pdf#page31

What’s in so far:
https://www.supremecourt.gov/Search....ic/20-843.html

Box 07-27-2021 08:54

Quote:

Originally Posted by rsdengler (Post 669923)
I wish they would open their eyes and see that they are now living in a failed system...

Therein lies the problem. Can anyone actually define "failed system" ??

If you spent your entire life supporting people and causes that prescribe to the Cloward-Piven strategy, it is not a failed system at all.
The system is working exactly the way it was designed.

If you dont care about anything but your free government money check - the fact that businesses can't find people to work isn't a failure.
-Yo tengo la mía mother fuckers !!

If you want to force social change at all costs, who really gives a fuck if a few thousand people end up starving and homeless?
There is a reaosn that violent criminals rome the streets. There is a reason that criminals were released form jail in droves during a pandemic that was going to kill all but 99% of mankind...
...so the government could scare you into compliance.

The 'Great Leap Forward' led to the deaths of TENS OF MILLIONS of people. As people met their tragic fates, the government in power continued to beat the drum that it was all the fault of their political opposition. It was all because of failed implementation secondary to the opposition of those that didn't want to cooperate.
It will all be different "this time"
...and here we are.

What's happening in America is NOT a failure of the system, it is a design feature of the system.
Once more for the cheap seats: Its not a fault, its a feature.

Get used to it.

rsdengler 07-27-2021 09:49

Quote:

Originally Posted by Box (Post 670125)
Therein lies the problem. Can anyone actually define "failed system" ??


What's happening in America is NOT a failure of the system, it is a design feature of the system.
Once more for the cheap seats: Its not a fault, its a feature.

Get used to it.

Do we have too? I guess it comes down to is do we want to go with the status flow or change the direction of that flow. I don't have the answer, I guess a temp solution is to get out of those cities/locations since they are too far gone.

Box 07-27-2021 09:58

Quote:

Originally Posted by rsdengler (Post 670129)
Do we have too? I guess it comes down to is do we want to go with the status flow or change the direction of that flow. I don't have the answer, I guess a temp solution is to get out of those cities/locations since they are too far gone.


We don't have to accept it or embrace it - but we certainly need to acknowledge it.
The refusal to acknowledge it is why we are in the shape we are in.
DADT was just to allow people to serve with honor - until it wasnt.
Now it's "bake my cake mother fucker"
"Pay for my surgery you fucking bigoted homophobe"

Pretending that we dont have to get used to it - "the pendulum will swing the other way" sooner or later is why that pendulum never really seems to swing the other way.

If things are going to swing the other way, why didn't anything get done when the republicans finally had both houses, the white house, and the court?
Especially when they had spent the last 8 years campaigning that once they got control, things would be different?

Because there is no pendulum.

rsdengler 07-27-2021 13:54

Quote:

Originally Posted by Box (Post 670130)
We don't have to accept it or embrace it - but we certainly need to acknowledge it.
The refusal to acknowledge it is why we are in the shape we are in.
DADT was just to allow people to serve with honor - until it wasnt.
Now it's "bake my cake mother fucker"
"Pay for my surgery you fucking bigoted homophobe"

Pretending that we dont have to get used to it - "the pendulum will swing the other way" sooner or later is why that pendulum never really seems to swing the other way.

If things are going to swing the other way, why didn't anything get done when the republicans finally had both houses, the white house, and the court?
Especially when they had spent the last 8 years campaigning that once they got control, things would be different?

Because there is no pendulum.

Totally agree, both political parties have a lack of fortitude and definitely are in it for themselves. The Hell with the rest of us, it's a shame we've come to this. I think most of us recognize it, but those in power do not; or they just don't want to at this point. It's kind of like a Catch 22, isn't it? All I know is that I'm just going to live my life the way I want at this moment. The only one I can depend on is myself.

bblhead672 07-27-2021 16:06

Quote:

Originally Posted by Box (Post 670130)
We don't have to accept it or embrace it - but we certainly need to acknowledge it.
The refusal to acknowledge it is why we are in the shape we are in.
DADT was just to allow people to serve with honor - until it wasnt.
Now it's "bake my cake mother fucker"
"Pay for my surgery you fucking bigoted homophobe"

Pretending that we dont have to get used to it - "the pendulum will swing the other way" sooner or later is why that pendulum never really seems to swing the other way.

If things are going to swing the other way, why didn't anything get done when the republicans finally had both houses, the white house, and the court?
Especially when they had spent the last 8 years campaigning that once they got control, things would be different?

Because there is no pendulum.

And that's why the Second Amendment is vital....some day the pendulum is going to have to be blasted away.

Paslode 07-27-2021 16:18

Quote:

Originally Posted by Box (Post 670130)
We don't have to accept it or embrace it - but we certainly need to acknowledge it.
The refusal to acknowledge it is why we are in the shape we are in.
DADT was just to allow people to serve with honor - until it wasnt.
Now it's "bake my cake mother fucker"
"Pay for my surgery you fucking bigoted homophobe"

Pretending that we dont have to get used to it - "the pendulum will swing the other way" sooner or later is why that pendulum never really seems to swing the other way.

If things are going to swing the other way, why didn't anything get done when the republicans finally had both houses, the white house, and the court?
Especially when they had spent the last 8 years campaigning that once they got control, things would be different?

Because there is no pendulum.


Many of the people that 'win' the elections are compromised in some manner and are are easily manipulated. And you have those who are 'Republicans' In Name Only who are actually grifters and members of the Uni-Party and the Party of Me. All these people answer to a higher power other than 'The People' and it ain't Jesus Christ.

The rabid Chihuahua Trey Gowdy, Mitt Romney, Michael Steele, Rinse Preibus, Rona Romney-McDaniel, Cocaine Mitch, Lindsey Graham, Bill Barr, Chris Christy etc, etc, I mean we could go on for hours listing these turds!

When the pendulum did swing, these grifters spent 4+ years dragging to to a halt, and then when election fraud was committed they allowed an election to be stolen.


Diane Feinstein had a Chinese spy working for her. Eric Swalwell was banging a Chinese spy. Mitch McConnell is married to a Taiwanese woman who's family operates a large International shipping company. The Pelosi's are big into insider trading. Bob Menendez and Anthony Weiner like girls under the age off 18. Hunter Biden is a crack head.

Would Box have a security clearance if it became known he was getting a little Fang-Fang or your kids were crack heads?

bubba 07-28-2021 06:02

And then there is this drivel:

https://americanmilitarynews.com/202...nt-is-racist/?

If this is true, then I think the 1st Amendment is racist for allowing hurtful things to be said about anyone. No one should ever be hurt by anyone, ever, and words hurt!

“Welcome to Costco, I love you!”

Box 07-28-2021 06:14

Quote:

Originally Posted by Paslode (Post 670144)
Would Box have a security clearance if it became known he was getting a little Fang-Fang or your kids were crack heads?

The Boxen would be stripped of their clearances and their citizenship simply for voicing their support for the wrong baseball team. They wouild be banned from the stadium for not taking a knee during the appropriate anthem - or ejected from ALL of the stadiums for taking a knee during the wrong anthem. The Boxen are an abomination.
They should be chased from their farms by pitchfork wielding SJW's

The Boxen should be rounded up, put on a train and sent away.
...and the second amendment won't save them - because there's no ammo on the shelves.
Firearms are useless when there's no fuel to make them run.


Quote:

Originally Posted by bubba (Post 670153)
And then there is this drivel:

https://americanmilitarynews.com/202...nt-is-racist/?

If this is true, then I think the 1st Amendment is racist for allowing hurtful things to be said about anyone. No one should ever be hurt by anyone, ever, and words hurt!

“Welcome to Costco, I love you!”

I wonder if the same idiots that wrote that article realize that the foundation of the second amendment was borne of the b0ston Massacre when Crispus Attucks, a free black man, was shot dead by British troops.







Quote:

**editors note, yes - b0ston is spelled wrong because fuck boston**

Paslode 07-28-2021 13:54

Quote:

Originally Posted by Box (Post 670154)
The Boxen would be stripped of their clearances and their citizenship simply for voicing their support for the wrong baseball team. They wouild be banned from the stadium for not taking a knee during the appropriate anthem - or ejected from ALL of the stadiums for taking a knee during the wrong anthem. The Boxen are an abomination.
They should be chased from their farms by pitchfork wielding SJW's

The Boxen should be rounded up, put on a train and sent away.
...and the second amendment won't save them - because there's no ammo on the shelves.
Firearms are useless when there's no fuel to make them run.

I wonder if the same idiots that wrote that article realize that the foundation of the second amendment was borne of the b0ston Massacre when Crispus Attucks, a free black man, was shot dead by British troops.

Kind of what I thought.

You know just prior to the ammo shortage there was a rumor floating around LCAAP that something nefarious was up. That began when the contract changed and the employee group buy was discontinued.

miclo18d 07-28-2021 16:38

Unfortunately, I currently live in the greater B0ston area. I am constantly amused by the BLM, Rainbow, #stopasianhate, stop-gun-store-in-this town, flags and signs littering the beautiful historic homes owned by the rich white elites of the Harvard, BC, Brandeis, MIT crowd (you can’t throw a rock without hitting some liberal higher level learning indoctrination center).

Another funny part is that many of the blacks (yeah, I said it, blacks!) are imported! What? My neighbor is Ugandan for the love of Jesus! Many of the blacks I have met are heavily accented, Africans or Caribbean! They’re just happy to be here and don’t want to be embroiled in our petty politics. I’ll bet half of them are thinking thay made a huge mistake coming here!

Most of the people that are natives (anyone with a MA accent) here, can’t stand it here! Just counting the time before I move!

Carry on.

sfshooter 08-10-2021 00:08

They're still coming. I can sure see this happening.

"The move would force owners to be put on a federal registry, submit fingerprints, photos, notify law enforcement officers and wait over nine months for approval, as well as pay a $200 tax, in accordance with National Firearms Act requirements."


https://americanmilitarynews.com/202...ew-house-bill/

Badger52 08-10-2021 05:14

Quote:

Originally Posted by sfshooter (Post 670296)
They're still coming. I can sure see this happening.

"The move would force owners to be put on a federal registry, submit fingerprints, photos, notify law enforcement officers and wait over nine months for approval, as well as pay a $200 tax, in accordance with National Firearms Act requirements."


https://americanmilitarynews.com/202...ew-house-bill/

Co-sponsors no surprise. Ditto the generalized text.

GratefulCitizen 08-10-2021 10:03

Quote:

Originally Posted by sfshooter (Post 670296)
They're still coming. I can sure see this happening.

"The move would force owners to be put on a federal registry, submit fingerprints, photos, notify law enforcement officers and wait over nine months for approval, as well as pay a $200 tax, in accordance with National Firearms Act requirements."


https://americanmilitarynews.com/202...ew-house-bill/

They’re losing ground in the courts and may lose some major cases soon.
This is an attempt to shift the Overton window in preparation for a counterattack.

Badger52 08-10-2021 11:48

Quote:

Originally Posted by GratefulCitizen (Post 670299)
They’re losing ground in the courts and may lose some major cases soon.
This is an attempt to shift the Overton window in preparation for a counterattack.

It will be interesting to see if the R's will continue to mention the :eek: obvious racist comments by Chipman upon him finding out that a bunch of minorities scored sufficiently on his agency's test. That is likely more concerning optics than a monster that wants to no-shit retain the monopoly of violence over the American people.

GratefulCitizen 08-16-2021 23:27

This one is for all the marbles.
It’s the case that’s been generations in the making.

If it is ruled pro-2A, then blue cities and states will have lost their tyrannical power.
If it is ruled anti-2A, then we know that the next civil war is upon us.

https://www.cnbc.com/2021/08/16/supr...y-gun-law.html

Badger52 08-17-2021 04:28

Quote:

Originally Posted by GratefulCitizen (Post 670429)
This one is for all the marbles.
It’s the case that’s been generations in the making.

If it is ruled pro-2A, then blue cities and states will have lost their tyrannical power.
If it is ruled anti-2A, then we know that the next civil war is upon us.

https://www.cnbc.com/2021/08/16/supr...y-gun-law.html

Over the years there is sufficient scholarship just on the word "bear" to render a pro-2A verdict. However, given some previous cowardice of this court, money stays in the wallet.
:munchin

Box 08-17-2021 06:13

Interesting and horrifying considering the court decided quite some time ago that the police DO NOT have a constitutional duty to protect "you"

bblhead672 08-17-2021 13:22

Quote:

Originally Posted by GratefulCitizen (Post 670429)
This one is for all the marbles.
It’s the case that’s been generations in the making.

If it is ruled pro-2A, then blue cities and states will have lost their tyrannical power.
If it is ruled anti-2A, then we know that the next civil war is upon us.

https://www.cnbc.com/2021/08/16/supr...y-gun-law.html

I have zero confidence in the SCOTUS after they declined to get involved in the election fiasco.

IMHO, its not a matter of "if" SCOTUS decides the 2A is null and void, its "when" they do it.

PSM 08-17-2021 14:52

Quote:

Originally Posted by bblhead672 (Post 670446)
IMHO, its not a matter of "if" SCOTUS decides the 2A is null and void, its "when" they do it.

It doesn't matter what they do. Remember, the Bill of Rights were added as an addenda to the Constitution, not really amendments. They changed nothing in the original text so 'amend' nothing. They were added as a reminder that these are birth rights and it was a warning to government not to attempt to interfere with them. The presumption being that We the People would then have a rogue government in place that needs to be replaced. Which is the exact reason the 2nd Amendment (Addendum) is even included in the first place.


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