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-   -   Protecting the Second Amendment – Why all Americans Should Be Concerned (http://www.professionalsoldiers.com/forums/showthread.php?t=40772)

Stobey 01-17-2014 17:38

An excellent article
 
The following is an excellent article. I must admit I was thrown off a bit by the title; but when I read the entire article and the author's rationale, I couldn't help but agree.


Why I Cannot Support Concealed Carry Weapons Permits (And Why You Shouldn’t Either!)
Posted By Mac Slavo on Jan 17, 2014

John Filippidis is a Concealed Carry Weapons permit holder, which means he can carry his firearm on his person or in his car legally. He followed all applicable laws in the State of Florida to obtain his permit, and has been a lawful citizen since being “given the right” to retain a firearm when in public.

Recently he was driving through the State of Maryland on a family vacation when he was stopped, for no apparent reason, by a law enforcement officer who had trailed his car for at least ten minutes.

According to his family, this is how the stop went down:
The officer was from the Transportation Authority Police. ??? :confused:
He asked Filippidis for his license and registration. Around ten minutes later, he returned and asked John to exit his vehicle.
“You own a gun,” the officer says. “Where is it?”
Filippidis told the officer his gun was at home in his safe.

Apparently the officer didn’t believe Filippidis, because he began questioning his wife, Kally, next:
“Your husband owns a gun. Where is it?”

First Kally said, “I don’t know.” Retelling it later to the Tampa Tribune, she said, “And that’s all I should have said.” Instead, attempting to be helpful, she added, “Maybe in the glove... Maybe in the console. I’m scared of it. I don’t want to have anything to do with it. I might shoot right through my foot.”

That’s when things escalated. The officer confronted Filippidis:
“You’re a liar. You’re lying to me. Your family says you have it. Where is the gun? Tell me where it is and we can resolve this right now.”

Of course a gun could not be produced, since it was home in Filippidis’ safe.
Because Mrs. Filippidis told a different story from her husband, the officer said he had probable cause to search the vehicle. And he did just that. He called for backup and they literally took the vehicle apart in an effort to find the weapon that Mr. Filippidis left in his safe back at home in Florida.

The gun, of course, was never found. After 90 minutes of having their personal property violated, the Filippidis family was released without charge or citation. Since Mr. Filippidis was driving according to all traffic laws, there was absolutely no reason to pull him over. And this is where our problem starts. Why did he get pulled over in the first place?

It turns out that when you register your weapon as a CCW holder you get flagged and tagged in the system. And, apparently this crosses over state lines, because the Transportation Authority Officer who pulled Mr. Filippidis over did so because he suspected there was a firearm in the car. That’s it – there was no probable cause of wrong doing and no other possible reason this car should have been pulled over.

Remember that whole ridiculous argument about registration of guns eventually leading to confiscation like it has in so many other countries in the past? Turns out there may be something to that. Mr. Filippidis and his family were, by all accounts, considered as, and treated like, criminals for legally owning a firearm, even though that firearm was not in their possession.

The chief of TAP has apologized to the Filippidis family, but no action has been taken against the officer that, in no uncertain terms, illegally detained and violated the rights of this family and did so at gunpoint.

As noted by Karl Denninger at The Market Ticker, this illegal stop highlights the key problem with CCW permits and gun registration initiatives in general, and he argues why such registration requirements need to be repealed.

Denninger: Why I Cannot Support CCW Permits
There is only one solution to this problem folks — it’s none of the government’s damned business if you’re carrying a weapon or not. It’s none of the government’s damned business right up until you do something unlawful with it, at which point it becomes both reasonable and appropriate to search, arrest, charge, whatever — for the unlawful act.

But the bottom line here is that the fact that this individual registered his ownership and intent to carry for personal protection of himself and his family in the places where it is lawful to do so with the government meant that he was unlawfully stopped, detained and searched by a ****head who has faced no penalty for the violation of peoples' Constitutional right to be left alone absent evidence of, or probable cause to suspect, actual unlawful activity.

The only solution to this is Constitutional Carry. That is, you have the right under the 2nd Amendment to carry, either openly or concealed, a firearm without applying for any sort of permit or asking for permission from the government first. It is only if and when you commit a crime with a weapon present and in some way related to the offense that the government gains the ability to intervene in yourpersonal decision to not be a victim and protect both yourself and others near you, most-particularly your family.

There is no means to solve this problem any other way, as despite whatever sanctions Florida may apply to its peace officers for abusive acts of this sort, the very act of registration exposes you to abuses by other political subdivisions in the United States. Therefore, the only means of stopping this crap is in fact to get rid of any such requirement of registration — period.

We’ll repeat that again in case you missed it: The only solution to this is Constitutional Carry.

Can we all agree that a criminal who intends to do harm to others will never register their firearm? They will be carrying concealed regardless of the laws of the state in which they reside. So, if the intent of these CCW laws is to prevent gun crimes instigated by gangs and others, then it is a total failure.

What these laws do in actuality is restrict the ability of law abiding citizens to own self defense weapons and, as the case in Maryland shows, to track those citizens across the country. Of course, the government would never overstep its bounds like the peace officer in Maryland did. That was just an isolated incident, right?

They’ll have us believe that officials having knowledge of every gun owner in their state, city or neighborhood poses no danger to the freedom of American citizens. Perhaps today it doesn’t (unless of course you’re John Filippidis on a family vacation). But consider what will happen should more restrictive legislation be passed – or if the President of the United States signs an Executive Order outlawing the ownership of certain types of firearms or their accessories.

It should be crystal clear: Gun registration in any form, even CCW Concealed Carry Weapons permits, pose an immediate and distinct danger to the liberty of the American people.

Editor’s Note: If you want to voice your concern over this illegal search and seizure, even though there was an apology (and I suggest firing the officer since he is supposed to know the law), here is the contact information for Maryland Transportation Authority:
2310 Broening Highway, Suite 150 – Baltimore, MD 21224
Local: (410) 537-1000 – Out of Area: 1 (866) 713-1596
mdta@mdtransportationauthority.com


http://freedomoutpost.com/2014/01/su...ouldnt-either/

badshot 01-17-2014 22:39

A two sentence federal law would take care of that BS. Any legal owner could carry ccw anywhere. No it won't happen, and not for the right reasons - for control (attempt to).

The protect the children statement you hear from political and t.v. folks is a cop out
. Simple generalized statement to give them a 'winning' fallback for those disagreeing with their views. They have similar ones for being racist or being against women. Hearing these should turn a light on.

Anyone see Wiener on the Kelly File? He's a real nut ...:)

Remember the people put in office are supposed reflect and support your beliefs and morals, what they do also reflects on you and your judgment or lack thereof.

pcfixer 01-23-2014 10:22

Amazing & Eloquent Constitutional Law & Our History Shows Federal gun Control Is Unla
 
Amazing & Eloquent Constitutional Law & Our History Shows Federal gun Control Is Unlawful

http://www.youtube.com/watch?v=FasYi_vqdWY#t=375

Snaquebite 01-23-2014 12:01

Quote:

Originally Posted by pcfixer (Post 538511)
Amazing & Eloquent Constitutional Law & Our History Shows Federal gun Control Is Unlawful

http://www.youtube.com/watch?v=FasYi_vqdWY#t=375

I really like this lady....

Dusty 01-23-2014 12:08

Quote:

Originally Posted by Snaquebite (Post 538516)
I really like this lady....

So do I.

Snaquebite 01-23-2014 13:21

She should be recruited by every attorney arguing for the 2nd Amendment.

tonyz 01-23-2014 16:19

Quote:

Originally Posted by pcfixer (Post 538511)
Amazing & Eloquent Constitutional Law & Our History Shows Federal gun Control Is Unlawful

http://www.youtube.com/watch?v=FasYi_vqdWY#t=375

Can I get an Amen !

She is a quite articulate speaker.

Stiletto11 01-23-2014 16:55

Right to the point, most men today have no balls.

PSM 01-23-2014 17:08

Well, you "nullification" guys must have no problem with what O and Holder are doing, then. How about what CA, NY, and IL will do if we ever get control back? In fact, lib judges use nullification every day. Prop 8 in CA, voted in by the "people", was tossed by a judge. Why have laws? Heck, why have a constitution if you are just going to ignore the parts you don't like?

Pat

Javadrinker 01-23-2014 17:41

Quote:

Originally Posted by PSM (Post 538570)
Well, you "nullification" guys must have no problem with what O and Holder are doing, then. How about what CA, NY, and IL will do if we ever get control back? In fact, lib judges use nullification every day. Prop 8 in CA, voted in by the "people", was tossed by a judge. Why have laws? Heck, why have a constitution if you are just going to ignore the parts you don't like?

Pat

I'm confused, we still have Our Constitution? Oh! My bad you are talking about one those documents that are under glass in the National Archives. :cool:

ddoering 01-23-2014 20:32

Quote:

Originally Posted by Javadrinker (Post 538583)
I'm confused, we still have Our Constitution? Oh! My bad you are talking about one those documents that are under glass in the National Archives. :cool:


You know, the one written by the old, dead white guys...........

Stiletto11 01-24-2014 07:39

Look up the New States Constitution.

pcfixer 01-24-2014 10:05

Quote:

Originally Posted by PSM (Post 538570)
Well, you "nullification" guys must have no problem with what O and Holder are doing, then. How about what CA, NY, and IL will do if we ever get control back? In fact, lib judges use nullification every day. Prop 8 in CA, voted in by the "people", was tossed by a judge. Why have laws? Heck, why have a constitution if you are just going to ignore the parts you don't like?

Pat

I'll quote part of email that an constitutional attorney sent to me.

Quote:

Considering the root problem corrupting the Republic, we need to give Citizens the truth about their rights and their "public servants' " duties. Truth delayed is truth denied.

We can ill afford allowing the citizens to be misinformed about the reality of "nullification" and to be encouraged to support bills that allow the governments and the state and local officers under oath to support the Constitution to shirk their obligations.

The Constitution is not a smorgasbord that we or our public servants get to pick and choose from. The oath to support the Constitution requires the Constitution be followed in its entirety, every time in every situation.

The attitude that we can restore the Constitution and the Republic by supporting parts of it and conceding parts of it or ignoring parts of it is an immoral violation of one's oath to support the Constitution. It is like negotiating with cannibals on how much of you they are going to eat for dinner. You will always come out on the short end of that deal.

For the sake of Liberty,

Richard D. Fry
General Counsel
Patriot Coalition
Revitalizing the Second Amendment(RT2A

PSM 01-24-2014 22:02

Quote:

Originally Posted by pcfixer (Post 538710)
I'll quote part of email that an constitutional attorney sent to me.



I’ve read the email you posted several times and I can’t really tell which side of the nullification issue he comes down.

Now this Publius Huldah person, who is she? I can’t find a real name for her. Her bio on her blog:

Quote:

Lawyer, philosopher & logician. Strict constructionist of the U.S. Constitution. Passionate about The Federalist Papers(Alexander Hamilton, James Madison & John Jay), restoring constitutional government, The Bible, the writings of Ayn Rand, & the following:
There is no such thing as Jew & Greek, slave & freeman, male & female, black person & white person; for we are all one person in Christ Jesus.
OK, fine. So, a “strict constructionist” is saying that we need to ignore a provision of the Constitution that may help solve the problems we face to solve those problems? Where is nullification mentioned in the Constitution?

I’m not against nullification, per se. When we moved here to SE AZ, after the Monument Fire, Tombstone’s aqueduct from the Huachuca Mountains had been damaged and they needed to repair it. The Feds said that they could only repair it using the methods that were used to build it in the 1800s. At the time, Sheriff Dever was still alive and I felt that he should have challenged (nullification of law or policy), with a posse if necessary, the Forrest Service and allowed the repairs to the water system for a city in his county. He did not and local citizens went up with shovels and sidearms to repair it.

That said, why is she throwing out the Constitutional provision rather than adopting both options? The Constitutional provision is explained, and amendments offered, in Mark Levin’s book. He started The Landmark LegalFoundation in 1976 fighting against abuses of the Constitution and worked in the Reagan Administration. Publius Huldah has done what, exactly?

Quote:

…for we are all one person in Christ Jesus.
I'm sure Mr. Levin would love to know that.

This guy does a pretty good job of saying what I wanted to: http://www.redstate.com/roguepolitic...ntion-process/

In the end, both courses are probably a fool’s errand. Then what?

Pat

pcfixer 01-27-2014 11:54

Quote:

Originally Posted by PSM (Post 538786)
I’ve read the email you posted several times and I can’t really tell which side of the nullification issue he comes down.

Now this Publius Huldah person, who is she? I can’t find a real name for her. Her bio on her blog:



OK, fine. So, a “strict constructionist” is saying that we need to ignore a provision of the Constitution that may help solve the problems we face to solve those problems? Where is nullification mentioned in the Constitution?

I’m not against nullification, per se. When we moved here to SE AZ, after the Monument Fire, Tombstone’s aqueduct from the Huachuca Mountains had been damaged and they needed to repair it. The Feds said that they could only repair it using the methods that were used to build it in the 1800s. At the time, Sheriff Dever was still alive and I felt that he should have challenged (nullification of law or policy), with a posse if necessary, the Forrest Service and allowed the repairs to the water system for a city in his county. He did not and local citizens went up with shovels and sidearms to repair it.

That said, why is she throwing out the Constitutional provision rather than adopting both options? The Constitutional provision is explained, and amendments offered, in Mark Levin’s book. He started The Landmark LegalFoundation in 1976 fighting against abuses of the Constitution and worked in the Reagan Administration. Publius Huldah has done what, exactly?



I'm sure Mr. Levin would love to know that.

This guy does a pretty good job of saying what I wanted to: http://www.redstate.com/roguepolitic...ntion-process/

In the end, both courses are probably a fool’s errand. Then what?

Pat

Quote:

Now this Publius Huldah person, who is she?
I asked Richard Fry that question. His answer is the name is a, quoted "Her pseudonym is Publius Huldah. Publius is the pseudonym for Madison and Hamilton in the Federalist papers and Huldah is prophet mentioned in 2 Kings 22, and 2 Chronicles 34. " Sorry if that doesn't help.

Quote:

Where is nullification mentioned in the Constitution?
Not being an attorney, I'd say most of this is found in the 10th Amendment.

"Michael Boldin is the founder and leader of the TAC, a national group. He is the number-one spokesperson on behalf of TAC. Boldin believes he and TAC are the leading entity and spokesperson educating and promoting "state nullification".

Quote:

The Legal Basis for Nullification

First, "nullification" as espoused by Jefferson in the Kentucky Resolution of 1798 is in fact constitutionally based. Jefferson said of it:
“. . . whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force..."

So in Jefferson's view nullification is predicated on an unconstitutional act, i.e., an act outside the general government's enumerated authority as delineated in the Constitution. Madison also had this belief.

Another way to say "unauthoritative, void, and of no force" is to say "null," which legally speaking means “having no legal validity.”

Five years later, the U.S. Supreme Court recognized the same principle in a formal holding. Chief Justice John Marshall said for the Court:

"... a law repugnant to the Constitution is void...."

Chief Justice Marshall made it clear that this was a general principle of constitutional law, not just of the U.S. Constitution. Marshall did rely upon specific language in the Constitution as part of the Court's support for this holding. Marshall noted:

"It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank." (Emphasis added.)

Marshall was quoting Article VI clause 2 of the U.S. Constitution also known as the Supremacy Clause. Subsequently the Court in addressing unconstitutional enactments has stated:

"An unconstitutional law is void, and is as no law. An offence created by it is not a crime. A conviction under it is not merely erroneous, but is illegal and void, and cannot be a legal cause of imprisonment."
Ex parte Siebold, 100 U.S. 371,376-77 (1879)

"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."
Norton v. Shelby County, 118 U.S. 425, 426 (1886)

These cases tell us that an unconstitutional enactment is ipso facto (by that fact itself) null and void, and not enforceable.


I like your story about rebuilding the dam. Maybe some nullify effects in that The People took care of business.

To make this more a layman's term, I'd say nullification is that which the government, state, local cannot enforce because those laws are not ethical or not moral as to the Oath we all took when held up our right hand. I think also part of this is the pledge of allegiance to the Flag of the United States. Just my thoughts.

Our rights are from our Creator not the government.

Quote:

In the end, both courses are probably a fool’s errand. Then what?
As an SF soldier you would rather the enemy die for his country than you die for yours!


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