June 16, 2014

SCOTUS begins demolition of 2nd Amendment

No.  It’s not hyperbole, either.  In a 5-4 decision, the Court reversed the rationale behind the natural right encapsulated in the 2nd Amendment, in my view, inasmuch as its ruling doesn’t sanction the prohibition of criminals from obtaining firearms as it does reinforces the government’s right to track who has them.  For the Greater Good, you see.  AP:

A divided Supreme Court sided with gun control groups and the Obama administration Monday, ruling that the federal ban on “straw” purchases of guns can be enforced even if the ultimate buyer is legally allowed to own a gun.

The justices ruled 5-4 that the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms.

The ruling settles a split among appeals courts over federal gun laws intended to prevent sham buyers from obtaining guns for the sole purpose of giving them to another person. The laws were part of Congress’ effort to make sure firearms did not get into the hands of unlawful recipients.

Skip the loaded, propagandistic AP rhetoric about “sham” buyers.   Unlawful recipients are always going to obtain firearms unlawfully.  Here, the recipient of the weapon purchased by a relative is lawfully able to own a gun.  As was the purchaser.  So what business is it of the government’s that one private, law abiding party transferred the gun to another?  The purchaser wasn’t a criminal (until now); the recipient wasn’t a criminal (until now).  Yet today, by criminalizing legal activity under the pretense of public safety to protect us against always potential criminal activity, the government has insinuated its way into a measure of control over a natural right, and set the stage for the end of private sales of firearms — which itself creates the conditions for creating a kind of back door registry.

And as a bonus, we’ve created a new class of criminal, the law-abiding citizen who breaks the law by engaging in commerce with another law abiding citizen.

Abramski claimed Congress’ goal was to prevent guns from falling into the hands of convicted felons and others barred from owning firearms. He said that goal is not furthered if the gun is transferred to someone legally allowed to own guns.

The National Rifle Association sided with Abramski, asserting that the government wrongly interpreted the law and improperly expanded the scope of gun regulations. Twenty-six states also submitted a brief supporting Abramski’s view of the law, while nine states and Washington, D.C., filed papers bolstering the Obama administration.

Yeah?  Well so what?  Anthony Kennedy disagreed, and that’s that.  Period.

Well and truly fucked doesn’t begin to describe things.

Soon enough, the government will turn every erstwhile legal gun owner into a criminal in order to make sure that guns are “kept out of the hands of criminals.”  More feel-good, PC bullshit from a SCOTUS that has a de facto 4 votes for every piece of progressive policy, and needs only one swing vote from some justice worried about his legacy or how the New York Times is likely to treat him or her.

Guess we’ll all be outlaws soon enough.  Which, told you so.

Spit.

(h/t Guido)

 

 

Posted by Jeff G. @ 12:28pm
24 comments | Trackback

Comments (24)

  1. I would say “Molon Labe”, but my guns all drowned in a tragic canoeing accident.

    I sense a pandemic of similar tragic accidents in the months and years to come.

  2. My only surprise at this ruling comes from the fact that it happened now. I had thought such a one wouldn’t happen for a few more years.

  3. Universal background checks, no private sales or gifts of firearms is where this leads for the short term. Then universal registration followed by turn them all in now and then confiscation of those not turned in.

    “Heller” is the outlier and all it will take is one conservative retirement, regular or pelicanized by the left and that outlier will be gone for good.

  4. Kennedy giveth and Kennedy taketh away.

    Fickle, thy name is Kennedy!

  5. So when Sarah Palin saves Christmas and occupies the Oval Office, she can strike it down with her moose phone and elk pen.

  6. The purchaser wasn’t a criminal (until now); the recipient wasn’t a criminal (until now).

    You’re all criminals, folks. They just haven’t figured out which laws you’ve broken yet.

  7. and they didn’t even have to blackmail his royal whoreness john roberts

    this is what passes for integrity anymore in the rulings what are handed down by the supreme whore court of failmerica

  8. johnroberts is a soros invented robot

  9. If I were in charge this blatant malum prohibitum would be necessarily struck down because its enactment and enforcement were malum in se.

  10. impeachment news

    When Things Change

  11. Juries need to start taking control of these situations.

    Looks to me like this case was ripe for jury nullification.

  12. The jury has a right to judge both the law as well as the fact in controversy. — John Jay, 1st Chief Justice of the United States Supreme Court, 1789

    The jury has the right to determine both the law and the facts. — Samuel Chase, Associate Justice of the Supreme Court, 1796

    The jury has the power to bring a verdict in the teeth of both law and fact. — Oliver Wendell Holmes, Associate Justice of the Supreme Court, 1902

    The law itself is on trial quite as much as the cause which is to be decided. — Harlan F. Stone, 12th Chief Justice of the U.S. Supreme Court, 1941

    The pages of history shine on instance of the jury’s exercise of its prerogative to disregard instructions of the judge… — U.S.vs Dougherty, 473 F 2nd 113, 1139, (1972)

  13. When a “straw purchase” is a birthday gift to a son, a graduation gift to a student, a potential life-saving gift to a wife or daughter…how far can this ruling be taken by those who’s end is to disarm all Americans?

    Husband: “Honey, I’m home. I bought you a .38 snubbie, so you can join me this weekend at the range.”

    Bloomberg [from under the sofa]: “That’s a straw-purchase, a criminal act! You’ll do time for causing the deaths of children in our schools!”

    Just a matter of time before a gun must be the permanent property and responsibility of the first purchaser, never to be sold or gifted, and must be surrendered to authority upon his or her death or incarceration, whichever comes first; and unintended incarceration is getting more likely every time a lawmaking body sits, meets and votes.

  14. Everytime we elect a Democrat that caucus grows, serr8d. We should maybe talk to the NRA about that.

  15. Drumwaster says June 16, 2014 at 12:38 pm
    I would say “Molon Labe”, but my guns all drowned in a tragic canoeing accident. I sense a pandemic of similar tragic accidents in the months and years to come.

    Many bodies of water will acquire the nickname “Iron Bottom” at this rate.

  16. thank you Mr. Drumwaster please to paste that every time Taylor Swift opens her idiotwhore mouth and America will be a better place

  17. Oh look, the griefer wants more attention.

  18. and i feel like i just got home and i feel

  19. There’s a reason I don’t post much anymore, Patrick.

  20. I actually threw up watching the news tonight. I think I might go TV free for two weeks and just read novels and/or play video games. Real World is grinding my brain away. Need to escape.

  21. “Just a matter of time before a gun must be the permanent property and responsibility of the first purchaser, never to be sold or gifted, and must be surrendered to authority upon his or her death or incarceration,”

    Sounds like the Samurai near the end of that institution.

  22. I actually threw up watching the news tonight.

    This is why I’m glad my night shift hours leave me asleep and/or too busy getting ready for work to watch the nightly news… and I’m glad work blocks streaming video to reduce bandwidth strain.

  23. Bloomberg [from under the sofa]: “Don’t shoot!”

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