Wednesday, June 14, 2023

Gun Control Laws in America are on Life Support.

Washington, DC--It all but went unnoticed in June of 2022 when the Supreme Court of the United States decided in a six to three decision that declared some 20,000 local, state and federal gun laws as unconstitutional.  Frankly, the mainstream media that religiously supports gun control and did not want to publicize or talk about this at all.  

The case is titled, New York State Rifle and Pistol Association vs. Bruen.  It was a 135-page opinion that returned the Second Amendment into meaning exactly what it said.


Since the Bill of Rights was promulgated in 1791 the Second Amendment has evaporated.  The most damage was done during and after, Post Civil War Reconstruction.  Politicians made numerous laws that precluded newly freed slaves from owning firearms.  In the infamous Dred Scott case, the Supreme Court went so far as suggesting that they were horrified of the idea that these former slaves might possess firearms. 


The politicians suggested that public safety demanded curbs on gun possession and carrying. That mindset continued, until finally the High Court lowered the boom.  The High Court for over two centuries has had very little to say about gun laws until the last decade.  Today those, “what about the children” and “we are all going to die” arguments are no longer relevant.  


The Heller, McDonald and now Bruen case has absolutely changed everything. 


The Bruen case was about the refusal of New York to simply issue concealed weapon permits to law abiding citizens.  The court held that New York was being arbitrary, capricious and totally unreasonable with their handling of the permits.


Particularly in the past 50 years lawmakers have restricted gun rights claiming that modern public safety demanded such action.  They've made every excuse that they could to ban every type of weapon possible.  Until now our courts have done a very poor job of protecting American’s gun rights. 


Just to put the militia argument where it belongs you need to understand that the militia was never part of the government. The militia is, we the people. As for the government they already had a robust ability to keep and bear all the arms they wanted including nuclear bombs.


In Bruen the court held that only 1791 era text, history and tradition could be used to impair the right to keep and bear arms. 


Laws and requirement for serial numbers, registration, red flag seizures, accessory prohibitions, age restrictions, carrying arms in public, out-of-state firearms purchases, gun dealer licenses and federal or state gun purchase forms did not exist and therefore were and are unconstitutional today. 


There was a half dozen other gun cases that the High Court accepted jurisdiction over including so called assault weapons, ammunition magazines.  The court simply reversed earlier court rulings and remanded them back to the trial courts with the instructions that they must make new rulings that conform to Bruen.  


You need to know that most American lawyers have not even read the Bruen case because they practice family law, bankruptcy, contract disputes and other matters not involving criminal law. 


The gun rights hating politicians, prosecutors and judges that know about Bruen are doing all they can in a futile effort to slow down the demise of their precious gun laws.  However, they can be facing State Bar problems along with being named in malicious prosecution lawsuits.


We are seeing various federal and state courts following the law of the land every week rendering decisions consistent with Bruen. 


Even Governor Newsom of California finally recognized that the only way he can succeed with gun bans, is to repeal the 2nd Amendment with his idea of a 28th Amendment.  That effort will never succeed in our lifetimes without a successful war. 


Perhaps now we can toughen up soft targets like schools, deal with mental illness and keep those cruel and dangerous criminals in locked cages.   

1 comment:

Anonymous said...

2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Second Amendment is the bastard child of the Bill of Rights, even most gun owners do not fully comprehend it.

Militias and Militia groups are "necessary", hence they are legal. Throw in the National Guard Act of 1903 and it further Codifies that Un-organized, Organized Militias are recognized.

The big one: "Arms" : Thats means all kinds of stuff, like belt fed machine guns, sub machine guns, suppressors, grenade launchers, RPGs, switchblades, etc are legal and necessary.

The 1934 NFA is unconstitutional and an INFRINGEMENT. Barrel length and overall lengths, AOWs are all silly.

Things like the 1968 GCA either need abolished or SEVERLY gutted.

"SHALL" : must not, can not, will not.......get it??????