Saturday, November 07, 2015

The Supreme Court: What Will They Do? (Firearms capacity Limitations)

If  the supreme court decides that the states have the right to limit firearms capacity limitations, then what limits ARE acceptable?

Some states/communities are saying that they will not allow magazines which allow more than  rounds; some say "more than 10 rounds".

So which is right, and why?  Can (should!) states have the right to limit the magazine capacity of ANY firearm in their sphere of influence.  And if so, why?
And if SO ... how many rounds is "okay", and if one more round is in the magazine, what is the appropriate punishment for flaunting the Law of the Land?

Or is that crap any more reasonable than any other arbitrary law which will have no effect on Crime in the City!

POINT 1:

Several issues are on the SCOTUS venue for the coming judicial year (which always starts in October), and those with the highest profiles often consider Firearm Rights.

*(Also sometimes referred to as "impositions on the Second Amendment" cases.)

One of the most common applications of the Second Amendment is whether the various states have the RIGHT to impose restrictions on magazine capacity.

I am not certain how the Supreme Court of the United States can rule on this issue, given  the confusing matrix of state and local laws in reference to magazine capacity.

It's not so much the number of rounds which may be contained in a "legal" magazine, but the secondary laws which include unrealistic limitations.

One of my personal favorites is the genre of laws which render fire-arms "illegal" if they violate any law which looks something like this:


  • Accepts a magazine which may contain more than 8 (eight) rounds of ammunition ..

or

  • Accepts a magazine which may contain more than 10 (ten) rounds of ammunition .
Do you see the issue?  In their rush to forbid any firearm by introducing secondary and inconsequential characteristics, Gun-Control Moonbats completely ignore the physical characteristics of firearms, and assume that (for example) a pistol which will accept a 7-round magazine will not accept an 8-round magazine.  

(The example, of course, holds true for a 10-round magazine, for any firearms in which the magazine is not fully-enclosed when the firearm is in a 'firing' configuration.)

In other words, these highly-trained, college-educated Lawyers who constitute our State and National lawmakers are so ignorant that they do not realize that the laws they propose are impossible to obey.

OR ... ARE THEY?

If such "Magazine-Capacity Limits" laws are accepted and enacted, the various states (or the whole nation, if the verbiage is accepted in Federal Court), then any firearm which accepts ANY magazine length will immediately become regulated by a standard which does not necessarily apply to them.

So if you 1911 was originally constructed with the magazine designs of 1911, and only 'expects' a 7-round magazine, that does not protect it from the Gun Grabbers.

In fact, recent magazine follower designs have made the 8-round version equally acceptable to the 1911 Single-Stack pistol as the original 7-round magazine.

Extended magazines (such as the popular Chip McCormick design) would as easily alloy 10-magazines to feed quite as easily into almost any 1911 Single-stack frame.  And they magazines and the frame would both be illegal under proposed Gun Control Rules.

POINT 2:

It's hard to tell about Lawyers:

Are they ignorant, ill-informed, crafty, disingenuous, misinformed, confused, or merely the lying bags o'shit which they seem to be.  These four things are clear:
  1. laws are often directed by congressmen
  2. congressmen are lawyers who couldn't make it in the legal field
  3. If you assume that Lawyers who draft laws  do not understand the nuances of the subject, they will hand you your ass and smile smugly all the while
  4. There is no Number 4

SUMMARY:

Do not, ever, accept a law which include "magazine limitations" as any part .. even a minor part .. of the law.  The number is arbitrary, it doesn't mean a DAMN thing to anybody but the lawyers, and as soon as you accept a number (ANY number!) then you can be quite certain that someone will come up with a "new number" ...  which doesn't seem significantly different from the "old number" ... and they whittle your gun rights down to "ONE ROUND" sooner or later.

Probably sooner.

POINT 3:

HOW do you deal with a seemingly reasonable proposal from your local legislators .. City, County, State .. whatever)?

FIRST:  they are lying about their agenda.

The people who want to take your guns away (don't believe that isn't what they want to do; they just realize that it's a steep hill and they will take one step at a time to undermine YOUR constitutional rights) will say anything to meet your goal.

They have an advantage over you.  They can say anything; you are restricted by the truth.

There are many truths.  For example, when they bring up the issue of 
"we license cars, why shouldn't we license guns"
.... cars are not protected in the constitution; guns are.

SECOND:  They will undermine your agenda

Politicians seem to be genetically obliged to make laws.  It's how they justify their existance.  Every time they make a law which restricts your 2nd Amendment Rights, you should look very carefully at the law.

Does it make sense?  What is the purpose?  Does it seem designed to make people "feel Safe"?  (NOT a constitutional requirement!)

Look at the records of the legislators who have made a LOT of laws.  Note that the laws they make are usually designed to prevent you or others from doing ... "something".  If that "something" isn't already prevented, or if it's a Constitutional right, then assume it's a Stalking Horse and kill it!


THIRD:   They will chide you for being so reluctant to accept "reasonable, common-sense" rules

There are no "common-sense" rules, or laws, when it comes to the Second Amendment.  
"Shall Not Be Infringed" means that if you are a legal citizen of the country and someone proposes a law which will affect (adversely) your ownership of a firearm ... AND THE AMMUNITION NEEDED TO FUEL IT ... then it's not constitutional and you have no obligation to obey it.

The Supreme Court will rule on these laws, if they are called upon to accept the onus and if they choose to address the issue.  Under extreme pressure from state or local government, you may be obliged to determine whether your constitutional right will be locally recognized.  Yes, there are police and sheriff departments which are unclear about what their duties to the public entail.

PLEASE NOTE: there is a movement in this country involving people who understand their constitutional rights, and they have already decided that they WILL NOT COMPLY to "local (unconstitutional) laws which limit their rights.  See Colorado

If you decide to exercise your Constitutional Rights even though they conflict with local laws, then you may be subject to local prosecution.  You may fight that prosecution; you may lose.

WILL NOT COMPLY:  Firearm owners have already stated the the "Will Not Comply" with local firearms laws in the following states:


The thing about INSURRECTION is that law enforcement officers are reluctant to do house-intrusions on people with whom the often have philosophical agreement, and who are not REALLY being a threat to peace and law in their community.

They just don't want to abide to unconstitutional and arbitrary laws.

And in some cases, are willing to respond to aggression with aggression.  Which NOBODY WANTS!



4 comments:

Anonymous said...

These laws lead us further down the road of oppression.

Anonymous said...

The coward seeks to pay some of his neighbors to arm themselves for the purpose of taking the arms of his other neighbors while he watches on cable TV.
I will not surender my weapons. Your move.

Anonymous said...

Any and all laws enacted should have a method of measuring the effectiveness of the law. If the law states, for example, that it will prevent firearms from falling into the wrong hands, then the law should state how that provision will be tested and what the measure of goodness should be. If the law doesn't meet the expectation then it becomes null and void.

Anonymous said...

Of course our government is lying to us. It's for our own good. If they told us the truth our heads would explode.