Supreme Court Overturns 2nd Amendment Decisions in 4 States

The Second Amendment is the last line of defense for each and every one of us. The Supreme Court ruling on gun rights reiterated our fundamental right enshrined in the Constitution.

“Our Founding Fathers didn’t give us the Second Amendment for duck hunting or simply for self-protection in a country that at the time had a vast and yet unknown frontier. They bestowed it upon us so that we could protect our precious nation from devolving into tyranny as so many others have done.”

There are historical lessons of totalitarian governments that rule because citizens have been deprived of their weapons.

The Nazi policy

In Nazi Firearms Law and the Disarming of the German Jews, page 537, Stephen P. Halbrook observed:

“The record establishes that a well-meaning liberal republic would enact a gun control act that would later be highly useful to a dictatorship. That dictatorship could then consolidate its power by massive search and seizure operations against political opponents, under the hysterical ruse that such persons were ‘Communist’ firearm owners.”

“It could enact its own new firearms law, disarming anyone the police deemed ‘dangerous’ and exempting members of the party that controlled the state. It could exploit a tragic shooting of a government official to launch a [sic] pogrom, under the guise that Jewish firearm owners were dangerous and must be disarmed.”

“This dictatorship could, generally, disarm the people of the nation it governed and then disarm those of every nation it conquered.”

The USA’s fundamental rights

“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 of the U.S. Constitution.

“In the 2008 case District of Columbia v. Heller, the Supreme Court held that the ‘Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.’” Reported by the Legal Information Institute of the Cornell Law School.

“The above experiences influenced perceptions of fundamental rights in both the United States and Germany,” Halbrook explained: “Before entering the war, America reacted to the events in Europe in a characteristic manner. Seeing the Nazi threat and its policies, Congress passed the Property Requisition Act of 1941 authorizing the President to requisition certain property for defense, but prohibiting any construction of the act to ‘require the registration of any firearms possessed by any individual for his personal protection or sport’ or ‘to impair or infringe in any manner the right of any individual to keep and bear arms.’” Nazi Firearms Law, pp. 536-37.

“Remember that registration of firearms is only the first step,” stated the Requisition Act’s sponsor, Rep. Paul Kilday (D-TX). “It will be followed by other infringements of the right to keep and bear arms until finally the right is gone.” Nazi Firearms Law, p. 537, fn. 289.

Analysis

A secret Nazi Gestapo Order (1941) is compared to Pennsylvania’s Firearm Registration bill (2019) in this side-by-side chart. Pennsylvania’s bill has more requirements than the Nazi’s order. In Pennsylvania, if the bill becomes law, a gun owner will be required to provide more information than a person who registers to vote.

For the right of self-defense, a person would be required annually to self-report ownership of each gun and describe it in detail. A certificate or renewal is not guaranteed because the State Police could deny the application. Partisan bureaucrats may not appreciate an applicant’s conservative politics: Allegiance to the Bill of Rights and limited government. Far-fetched? Just ask Tea Party organizations who were delayed or denied non-profit status by Obama’s IRS.

The State Police’s database could be released for official or nefarious purposes: The Pennsylvania Legislature under the guise of oversight. Freedom of Information requests by liberal media and advocacy groups.

Anti-gun zealots could dox persons who own guns. New York’s concealed weapon permit holders were posted via a map on the internet. There was proposed a multi-state map. Liberal news agencies and the social media mob have harassed law-abiding, private citizens. Identification of gun owners is not likely to deter criminals, who may have a shopping list for gun collections.

An enemy could learn that you own a gun. A related “red flag” law may be used for a fraudulent claim against you. The police will confiscate your gun pending a court hearing. Meanwhile, an enemy has an opportunity to cause injury or murder of you.

Law-abiding citizens’ registration of guns will not prevent criminals from obtaining unregistered guns. No lives will be saved. Note the bill’s absence of “whereas” clauses of findings of facts to support unidentified benefits. Also, the absence of redeeming press releases of the bill being introduced by Democrats: Angel CruzMary Jo Daley, and Mary Louise Isaacson; and Democrat co-sponsors: Joseph C. HohensteinJoanna E. McClinton, and Benjamin V. Sanchez. The bill failed in 2009-102011-122013-142015-16, and 2017-18.

This proposed law could be enforced only if the government is aware that you own a gun. Will the police conduct a search for guns, literally door to door?

If you are forced to use a gun for self-defense, but fail to comply with registration, could your defense effectively be an infringement of the Fifth Amendment?

Fail to register a gun, then risk a criminal penalty of 90 days in jail. The government likely will confiscate your gun; You likely will not be eligible to possess another gun; and you likely will be limited to lesser forms of self-defense.

Gun registries will lead to gun confiscation, as illustrated by AustraliaCanada, and Germany; as well as the United States: CaliforniaIllinois, and the heart of liberalism: New York City.

National gun confiscation has been proposed by liberals including Rep. Eric Swalwell (D-CA; 2018); the NAACP (2018); and Hillary Clinton, presidential candidate (2016).

Admit it, liberals, you really do want a total ban on firearms.

Speaker of the House Nancy Pelosi, suggested that a Democrat President could declare gun violence as a national emergency.

Conclusion

Have we not learned the lesson of the Nazi policy to disarm, and then control, its citizens? Nazi gun laws facilitated the murder of political enemies, specifically the Holocaust of more than six million Jews.

What part of the Second Amendment’s independent status, “shall not be infringed,” did these legislators, some attorneys, not understand? The U.S. Constitution trumps a state statute. A first-year law student learns this principle.

Liberals ignore constitutional law in favor of an agenda of a gun-free society. Liberals use safety as subterfuge for registration leading to confiscation of guns.

I appreciate our Founding Fathers’ wisdom that the Second Amendment is a guard against tyranny, whether the enemy is foreign or domestic.

Since self-defense is a God-given right, I believe in the Doctrine of the Lesser Magistrates: Should gun registration become law by an act of either a state or federal government, such a law would classify this patriot as a criminal.

Read relevant documents:

Law Comparison

Pennsylvania HB768: Firearm Registration Act

Pennsylvania Summary Offenses

Nazi Firearms Laws

Nazi Gestapo Order

Gerald Lostutter is a Florida licensed attorney, college professor, journalist, and patriot life member (endowment level) of the National Rifle Association

Supreme Court Overturns 2nd Amendment Decisions in 4 States

The Supreme Court followed up its June 23 landmark ruling that for the first time recognized a constitutional right to carry firearms in public for self-defense, by issuing a series of rulings June 30 reversing federal appeals court decisions that upheld gun restrictions in California, New Jersey, Maryland, and Hawaii.

Courts will find it difficult to uphold the firearms laws in question after the high court’s June 30 and June 23 rulings.

In unsigned orders, all four cases were remanded June 30 to lower courts “for further consideration in light of” the Supreme Court’s June 23 decision in New York State Rifle and Pistol Association v. Bruen. In that 6–3 ruling, the high court invalidated New York state’s tough concealed-carry gun permitting system.
Epoch Times Photo
Lisa Caso sells guns at Caso’s Gun-A-Rama store in Jersey City, N.J., on March 25, 2021. (Spencer Platt/Getty Images)

The Second Amendment to the U.S. Constitution states: “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 Supreme Court has been strengthening Second Amendment protections in recent years. In District of Columbia v. Heller (2008), the Supreme Court held the amendment protects “the individual right to possess and carry weapons in case of confrontation,” and in McDonald v. City of Chicago (2010), that this right “is fully applicable to the States.”

It makes no sense to recognize Americans’ right to defend themselves in their homes while denying them the ability to defend themselves outside their homes, Justice Clarence Thomas wrote June 23 in the court’s majority opinion.

“After all, the Second Amendment guarantees an ‘individual right to possess and carry weapons in case of confrontation,’ and confrontation can surely take place outside the home. … Many Americans hazard greater danger outside the home than in it,” Thomas wrote.

In the new orders, the Supreme Court summarily disposed of the four pending cases, simultaneously granting appellants’ petitions seeking review while skipping over the oral argument phase. Some lawyers call this process GVR, standing for grant, vacate, and remand.

In the Maryland case, Bianchi v. Frosh, court file 21-902, a coalition of 25 states led by Arizona challenged Maryland’s Firearms Safety Act of 2013. The statute, which was upheld by the U.S. Court of Appeals for the 4th Circuit in September 2021, required pistol purchasers to seek a license, complete safety training, and be fingerprinted. Maryland bans popular weapons such as the AR-15 and similar rifles and limits magazine capacity to 10 rounds.

Maryland Attorney General Brian Frosh, a Democrat, was defiant after the remand order. Military-style firearms “pose grave risks to public safety, as recent mass shootings in other states have made clear,” Frosh stated. Despite the Bruen ruling, the state’s law remains in effect, he said. “Marylanders have a right to be protected from these dangerous weapons.”’

The California case, Duncan v. Bonta, court file 21-1194, challenged the state’s ban on magazines containing more than 10 rounds. The ban went further, requiring the confiscation of such magazines, which had previously been lawful to own. The U.S. Court of Appeals for the 9th Circuit upheld the ban in November 2021.

California Attorney General Rob Bonta, a Democrat, is currently scrambling to deal with the fallout after his office leaked sensitive personal information, including the names and addresses of every concealed-carry permit holder in the state. Some holders say they now fear for their lives.

The New Jersey case, Association of New Jersey Rifle and Pistol Clubs Inc. v. Bruck, court file 20-1507, is similar to the California case. The U.S. Court of Appeals for the 3rd Circuit affirmed the New Jersey law in December 2021.

Petitioners challenged the state law that bans 10-round magazines and requires that owners surrender such magazines to law enforcement. The law also forbids the transfer or sale of these magazines but allows owners to keep them if they modify them to reduce how many rounds may be held. Failing to comply with the law is a crime that can be punished with a sentence of up to 10 years of imprisonment and $150,000 in fines.

 

AUTHOR

RELATED ARTICLE: After the Guns Were Confiscated, the Killing Fields Began

EDITORS NOTE: This Geller Report is republished with permission. ©All rights reserved.

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