Perry indictment: So, a mere accusation costs you your constitutional rights?

August 27, 2014

Not likely to be bullied.

Unlike our president, I’m not a famed constitutional scholar (1), but it seems to me that this is just plain wrong:

Texas Gov. Rick Perry, a staunch supporter of the Second Amendment, is no longer permitted to carry a concealed handgun after being slapped with a felony indictment for alleged abuse of power, according to state law. Further, federal law also apparently prohibits the governor from purchasing firearms or ammunition.

The Austin American-Statesman brings up the federal law referred to as 18 USC 922(n):

“It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person (1) is under indictment for, or has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.”

Perry, who previously claimed he shot a coyote with a concealed firearm while jogging in 2010, is supposed to have his state-issued concealed carry license revoked if he still has one — at least until his case is concluded.

Assuming Perry’s concealed carry permit has been or will be revoked, he can “reapply two years after the date of revocation,” Reuters reports.

Really? An indictment is an accusation, but we operate under the English system, that demands the accused be considered innocent of a crime until proven guilty. You don’t lose your right to vote when indicted, you don’t lose your rights against unlawful search and seizure, you don’t lose your rights of free speech (2) — why on Earth should you lose your natural right to bear arms for self-defense, a right guaranteed in the Second Amendment? (3) There may be a reason for this when dealing with potentially violent suspects, such as a spouse-abuser, but Perry’s “crime” is a nonviolent case of corruption (4). And then he has to wait two years to get his concealed-carry permit back, even if cleared?

Maybe there’s sound legal and constitutional logic behind these rules suspending a citizen’s constitutional rights, but it sure seems unjust to me.

Footnote:
(1) Insert sarcastic tone as needed.
(2) Unless you happen to be in Wisconsin and find yourself subject to a John Doe investigation.
(3) And before anyone starts babbling about “well-regulated militias,” do some reading.
(4) It’s also utter garbage.


Efficient as ever, Hillary Clinton attacks 1st and 2nd amendments in one sentence

June 18, 2014

liberal tolerance

Hey, why only gut one amendment in the Bill of Rights when you can trash two at the same time? It’s a progressive win-win!

During a televised town hall, Hillary Clinton was asked about guns, and said that the viewpoint held by gun-rights advocates “terrorizes” the majority of Americans.

The town hall, broadcast live on CNN on Tuesday, closely resembled a commercial for Clinton’s new memoir, “Hard Choices.”

(…)

“We cannot let a minority of people – and that’s what it is, it is a minority of people – hold a viewpoint that terrorizes the majority of people,” said Clinton.

Get that? Not only are you allowed to own firearms only at the sufferance of the State, but you are not even allowed to hold a point of view that differs from the majority opinion, presumably as long as that majority happens to agree with the progressive statist position.

And “terrorizes?” Really, Hillary? I’m not allowed to hold the opinion that the natural right to self-defense allows me and all other Americans to arm ourselves and that the Bill of Rights recognizes that unalienable right against government power, because said opinion might make your neighbors in Chappaqua get the vapors? How weird. In all my reading about the American Founding and our constitutional settlement, I never ran across the part that talked about how we have free speech as long as it isn’t scary. I don’t recall Voltaire saying “I disagree with what you say, but I will defend to the death your right to say it, as long as it does not offend the majority.”

Hey, Hillary? What about other minorities? Blacks in the 1950s and 1960s were of the opinion that they held the same natural and civil rights as other Americans and loudly demonstrated to demand those rights be honored. That surely scared the majority Whites at the time, so should Blacks have not been allowed to hold those opinions? I’m curious for your thoughts on the matter.

File this away for 2016, folks, should Lady Macbeth decide to run: it is the opinion of a leading candidate for President of the United States, who swears an oath to uphold, protect, and defend the Constitution –including the Bill of Rights– that you are only allowed to express your own opinions as long as most people are comfortable with them.

Comforting, isn’t it?

h/t Bryan Preston

PS: Hillary is no outlier for her party: just the other day, President Obama was praising Australia’s draconian gun confiscation law. The simple truth is that the Left approves of the Constitution only when it is convenient to them.

(Crossposted at Sister Toldjah)


Gun Control and Mass Shootings

May 29, 2014

Phineas Fahrquar:

Because gun-control laws have been such a failure in the past, the natural response is to…. demand more gun-control laws. :/

Originally posted on International Liberty:

Well, another loser killed a bunch of people, this time in Santa Barbara, California.

Which gives gun control zealots an opportunity to seize upon the tragedy to recycle their calls to restrict private firearms ownership and otherwise erode the Second Amendment.

But I’m not too worried that they’ll succeed. The evidence is simply too strong that gun ownership reduces crime. The research shows that criminals are less aggressive when they fear potential victims may be armed.

Moreover, they don’t even have practical proposals. Here’s some of what Jacob Sullum wrote for Reason.

None of the items on the anti-gun lobby’s wish list makes sense as a response to the crimes of Elliot Rodger, the 22-year-old college student who murdered Martinez’s son and five other people on Friday night. …the Isla Vista massacre, which took place in a state with firearm laws that are among the strictest in the nation…

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Another 2nd Amendment win in California

March 6, 2014

"Crime stopper"

“Self-defense”

Okay, someone has put something in the water at the Ninth Circuit Court of Appeals; this is the second ruling in a row where they’ve defended the right to bear arms in self defense against hyper-restrictive California laws. This time, they smacked down the Yolo County Sheriff:

Just weeks after striking down the San Diego County “good cause” requirement as burdensome to the exercise of the Second Amendment, the Ninth U.S. Circuit Court of Appeals struck down Yolo County, CA’s requirement that a concealed carry applicant “prove they face a threat of violence or robbery” before being allowed to carry a gun.

The Court in its new-found crush on the Bill of Rights found that the application of the “good cause” rule in Yolo “impermissibly” infringed the plaintiffs 2nd Amendment rights. While the ruling only applies to the county in question, it seems to me this is another wedge in the door that opens the way for a state-wide ruling.

Civil liberties — what a concept!

(Crossposted at Sister Toldjah)


Grim Times for Gun Grabbers

February 20, 2014

Phineas Fahrquar:

The biggest hypocrisy of the gun-grabbers seems to be “Bodyguards for me, no self-defense for thee, peasant!” (Note: My apologies, folks, but the reblogged post doesn’t seem to be showing up, right now. You can find the original here.)

Originally posted on International Liberty:

I’ve already explained why leftists must be depressed about their failure to restrict private gun ownership.

They’ve suffered brutal electoral setbacks in Colorado, and more and more states have strengthened the right to keep and bear arms.

Moreover, it’s hard for them to claim their agenda is about safer streets when cops overwhelmingly reject the premises of the anti-gun zealots.

And they also have to deal with something very troubling that further undermines their campaign against the Second Amendment.

That troubling thing is facts and data.

Because the more information that we learn, the more evidence we have – as John Lott often reminds us – that more guns equal less crime.

Writing for the Wall Street Journal, Jason Riley peruses some new data from the FBI. Here are some key excerpts.

A new FBI report says that violent crime continues to fall nationwide, which might annoy liberals because…

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Ninth Circuit overturns California gun law

February 13, 2014

law constitution bill of rights

When even the liberal 9th Circuit Court of Appeals says progressive gun-grabbers have gone too far, it’s something to take note of:

The court concludes that California’s broad limits on both open and concealed carry of loaded guns — with no “shall-issue” licensing regime that assures law-abiding adults of a right to get licenses, but only a “good cause” regime under which no license need be given — “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.” The Ninth Circuit thus joins the Seventh Circuit, and disagrees with the Second, Third, and Fourth Circuits. (State courts are also split on the subject.)

“Shall issue” vs. “may issue” has been a big bone of contention among gun rights advocates here in California, as high-handed county sheriffs and city police chiefs have used the distinction to deny otherwise law-abiding citizens their right to carry a weapon.

Given the differences between the various circuit courts, expect this one to go to the federal Supreme Court.

PS: The Washington Post genuinely upgraded the paper by letting Ezra Klein go and adding Prof. Eugene Volokh, founder of The Volokh Conspiracy.

via PJM.

RELATED: More analysis. What next?

(Crossposted at Sister Toldjah)


If there’s a war on women, they’re arming

January 7, 2014
"Not defenseless"

“Not defenseless”

Interesting statistics from the FBI (PDF) via Townhall: Not only was 2013 a record year for guns sales, but who were the biggest purchasers?

Women.

I guess they’d rather not have to wet themselves in self-defense, contrary to progressive best practice.

 

 


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