A Federal Judge Actually Understands the Second Amendment

from The American Thinker:

A federal judge in San Diego has issued a temporary stay against a new California law that bans high-capacity magazines.

U.S. district judge Roger Benitez issued the preliminary injunction against the voter-approved law, writing that the law is likely to be unconstitutional because it prevents citizens from purchasing “whatever common magazine size [they judge] best suits the situation.” read more

The Right to Bear the Constitution – or at Least Review It

by: the Common Constitutionalist

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Many Americans suffer from a common phobia. No, it’s not the very reasonable fear of Democrats running the country. That’s not a phobia, for its not irrational. No, they suffer from an irrational fear of guns. Guns are not inherently scary. They are just a tool – like a screwdriver or a leaf-blower. You’ve heard the saying, the right tool for the right job. You wouldn’t use a gun to blow the leaves around your yard and thus you wouldn’t use a leaf blower to defend yourself. You could try, but I’ll bet it won’t go well.

Yet over the years more and more citizens have been purposely conditioned to think guns are scary. Thus the “Gun Free Zone” was established. These days there are more and more “gun free zones” than ever.

Yet economist John Lott found that, “Since at least 1950, all but two public mass shootings in America have taken place where general citizens are banned from carrying guns. In Europe, there have been no exceptions. Every mass public shooting — and there have been plenty of mass shootings in Europe — has occurred in a gun-free zone.”

Bet you won’t hear that fun fact from the anti-gun lobby.

We hear that restaurants like Starbucks, Chipotle and Panera Bread and chain stores like Target have become gun free zones. Yes, Target allows men and little girls in the same dressing area, but won’t allow guns. Ask a mother or father which is scarier – a law abiding person with a gun, or a creepy old man watching their daughter undress.

Although it’s a stupid policy, I agree with them. They are private businesses and have the freedom to invoke such a policy. read more

Podcast – Deportation Sob Stories – Scary Firearms are Banned – Take Down that American Flag

Every week, the left will trot out poor illegal aliens who face deportation by that big meanie Trump. Last week was no different. The radical illegal immigrant advocates regale us with sob stories of how unfair the President is. I touch on a few of the latest tearjerkers.

The U.S. Fourth Circuit is making their own unconstitutional law, by stating that scary “exceptionally lethal weapons of war” are not protected by the Second Amendment – as opposed to weapons which are not lethal – I guess.

A Virginia High School tries to force a student to take his American flag off his truck. read more

It’s War – Say the New Black Panthers

by: the Common Constitutionalist

Well, Babu Omowale is at it again. What – you don’t know who that is? Babu is becoming a real household name – if your household is full of members of the People’s New Black Panther Party, or otherwise a black militant. But I will assume you are not. I’m going to guess that not many members of the People’s New Black Panther Party are regular readers of the cracker known as the Common Constitutionalist.

Babu is the National Defense Minister for the aforementioned party. I actually did a segment on him and them in one of my more recent podcasts. You may link to it here.

Mr. Omowale is a self-professed black militant who claims his “party” wants to establish a “black nation” within America – encompassing five southern states – Louisiana, Mississippi, South Carolina, Alabama and Georgia.

In my podcast, I likened his desire of blacks to migrate to the states to reclaim their territory as being similar to the desire of ISIS, who also wish to reclaim territory for their own nation, the Caliphate.

I don’t know how it is going but I’m guessing this “new nation” business is one of those long-term goals. read more

Thank Heavens for the Bill of Rights

by: the Common Constitutionalist

The Republicans in the Senate do occasionally find their backbones and were able to display them as they rejected four pieces of anti-gun legislation. Thank you Republicans and thank you founders for giving us the Bill of Rights.

Given the current state of the federal leviathan, imagine the condition of our individual and states’ rights without the specific declaration of those protections against federal intrusion. Turns out the anti-federalists were right to insist on a Bill of Rights!

We would have no right to own or carry a weapon of any kind without the language expressed in the Second Amendment. We on the right would have nothing specific to argue against the gun-grabbers of the left. For decades we have debated the language and meaning of the Second Amendment, but without it, our argument would be relegated to the abstract, for nowhere else does the Constitution specifically address this right. Given the nature of today’s courts – that would not be nearly enough. Thanks to George Mason and the anti-federalists, we at least have the Amendment specifying this natural right.

Our freedom of speech, assembly, religion, etc. would all be substantially abridged, if not for the First Amendment. We would have virtually no states’ rights left without the Tenth – and so on. read more

States are WINNING on Gun Rights

by: the Common Constitutionalist

From 1791, when the Second Amendment was ratified (coincidentally my Twitter handle – @Ratifiedin1791) all the way through 1933, the federal government left us gun owners be.

But in 1934 it all began to change as progressive icon and bully, President Franklin D. Roosevelt pushed for and signed the first nationwide gun control legislation, the National Firearms Act. The law was an emotion-based knee-jerk reaction to attempt to halt the use of the “Tommy Gun” and sawed-off shotguns, etc. It levied a tax of $200 (over $2500 today) on the manufacture and sale of all guns. A national gun registry was also enacted.

Virtually every leftist president since then has tried to build on the success of Roosevelt, including Lyndon Johnson, Bill Clinton and of course, Barack Obama. A special shout out should go to the progressive republican president Nixon. The same waste of skin who took us off the gold standard also blessed us with the ATF in 1972.

If it hadn’t been for Reagan and George W. Bush at least slowing things down, guns might be outlawed by now.

States have been very concerned about Obama’s want to confiscate our guns since he was elected and his recent threats to further curb gun owners’ rights have prompted some of them to begin taking the bull by the horns and enacting their own pro-gun legislation. That darn Tenth Amendment. Someone should do something about that.

In June of last year Texas passed a state law giving teachers and students (21 and older with a concealed carry permit) the right to carry guns on campus, although the sweeping law was amended to allow Colleges Presidents to dictate which buildings could remain gun-free. Some pro-gun advocates actually called this positive break through a loss. Yes, it was a disappointment as the law was gutted to an extent, but the positive is that it even got this far. read more

Three Opinions on Gun Confiscation

by: the Common Constitutionalist

The Atlantic published an article entitled “Do Republicans Have Any Real Reason to Worry about Gun Confiscation?”  It’s written from the perspectives of an American gun advocate, an Australian living in the U.S. and an anti-gun nut.

Well, I think we all know where I come down on the subject, as everyone should if they know anything about the Constitution and the founders. But sadly for most this is not the case – partly due to a woefully inadequate educational system and partly due to the never-ending flood of immigrants who arrive from countries with either much stricter control or no guns at all.

The Second Amendment advocate correctly claims that Obama and Hillary have told us that no one wants to take our guns, but then cite “Australia and the United Kingdom as examples to be aspired.” He states that those nations have indeed confiscated virtually all guns and Australia’s famous gun “buyback” program was not voluntary.

The advocates states that, “If American gun control proponents don’t want to be accused of wanting to confiscate guns, perhaps they should stop referring to the Australia and the UK as examples to be emulated.” Couldn’t have said it better myself.

Next up was the Australian living in the United States. He says he doesn’t think the “Australian approach would work in the USA, at least not for a long time.” He’s right but not for the reasons he cites. In Australia, he claims, it took a conservative leader, Prime Minister John Howard, who was willing to challenge gun ownership. Wow! What a conservative leader. read more

Gunfight in Ladson South Carolina

by: the Common Constitutionalist

What is the refrain from the anti-second amendment left? Short of confiscating all our guns, we are to lock them all up in a safe and throw away the key, or place impossible to operate trigger locks on them so that our innocent little children don’t kill themselves or other family members.

That’s fine, if it’s how you wish to live your life. Just don’t force me to comply with your silly “safety” precautions, for someday I, or a family member may be forced to defend ourselves or our home from armed invasion.

Yet, if it were up to the nanny-staters on the left, none of us should be able to defend ourselves. That should only be left to the professionals.

I guess a young South Carolina teenager and his mom are glad the pacifist left have not been completely successful in their crusade to disarm us all.

A 13-year-old boy from Ladson South Carolina was home alone, as he does his schooling online.

This past Tuesday, around 1:30 PM, as his mom was at work, he heard a noise from the back of his home. He saw a vehicle drive up behind the house; two men got out of a car and attempted to break in. Needless to say the 13-year-old was scared, yet not petrified. read more

Shooting Victims Say No to Disarming

by: the Common Constitutionalist

The gun control nuts are at it again – talking heads and politicians calling for tighter gun laws. And the left is once again spearheading the effort with Obama’s “political” speech and Hillary’s efforts to close gun sale loopholes – as if there are any loopholes left to close.

Hillary also says she wants to repeal the “Protection of Lawful Commerce in Arms Act,” which protects gun dealers and manufacturers from prosecution (or should I say persecution) should one of their weapons be used for nefarious purposes.

Can you imagine the feeding frenzy of the Democrat slip and fall trial lawyers on the gun industry if that were repealed. It would be carnage and the end of most gun manufacturers.

Our society today has been so neutered, so conditioned, that instead of people taking it upon themselves to protect their schools, we look to our nanny government for answers.

Will we ever figure out that our government, as always, is once again the cause of the problem? Never mind suing the gun manufacturers – we should be able to sue the government for facilitating this problem – for setting up “gun free zones.” Still, everyone looks to our great leaders for guidance as to how to solve this “epidemic,” because that’s what sheep do.

But what about the actual victims? Why not ask them what may have helped, instead of our ivory tower pampered politicians with their well armed security details. I find it ironic that when a candidate or politician goes to a school for a function or a speech, the school ceases to be a “gun free zone,” yet somehow that’s not a problem. read more

The Individual Right To Keep and Bear Arms

by: the Common Constitutionalist

In Texas, 1999, a U.S. District Judge, Sam Cummings ruled in a domestic abuse case that the second amendment guaranteed an individual the right to keep and bear Arms.

There was naturally blowback from this decision. His detractors claimed he neglected to follow usual judicial practice. You see, his sin was not citing supremelegal precedent to support his decision.

That one sentence clearly defines a major problem in this country, run by pinhead lawyers – so full of arrogance that they think themselves and their court decisions superior to the Constitution and the founders. By citing only court precedent instead of original intent one bad decision leads to another and so on.

Some legal pinheads might cite the Supreme Court case U.S. v Miller (1939) wherein the court ruled the Second Amendment’s “obvious purpose… Was to assure the continuation and render possible the effectiveness of the state militia” (the National Guard). In the early 1980s, the Illinois Supreme Court as well as the U.S. Seventh Circuit Court of Appeals ruled that there was no right for individuals to keep and bear Arms in the second amendment.

Now I’m not a constitutional scholar or great jurist with an army of researchers, but I can read. read more