Great article from Bearing Arms…
If you’re following any of the various media outlets this morning, you’re probably aware that the U.S. Supreme Court has just extended gay marriage to all 50 states.
The Supreme Court ruled Friday that same-sex couples have a right to marry nationwide, in a historic decision that invalidates gay marriage bans in more than a dozen states.
Gay and lesbian couples already can marry in 36 states and the District of Columbia. The court’s ruling on Friday means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage.
The outcome is the culmination of two decades of Supreme Court litigation over marriage, and gay rights generally.
You can peruse the full ruling here, but the meat of the activist Court’s over-long decision hinges on a single paragraph.
The Court used Section 1 of the Fourteen Amendment to justify their argument, which reads:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
By using the Constitution in such a manner, the Court argues that the Due Process Clause extends “certain personal choices central to individual dignity and autonomy” accepted in a majority of states across the state lines of a handful of states that still banned the practice.
The vast majority of states are “shall issue” on the matter of issuing concealed carry permits, and enjoy reciprocity with a large number of other states.
My North Carolina concealed carry permit, for example, was recognized yesterday as being valid in 36 states, which just so happened to be the number of states in which gay marriage was legal yesterday. But 14 states did not recognize my concealed carry permit yesterday.
Today they must.
Using the same “due process clause” argument as the Supreme Court just applied to gay marriage, my concealed carry permit must now be recognized as valid in all 50 states and the District of Columbia.
I’ll be driving through the District of Columbia, Maryland, New Jersey, and New York in several weeks, places that until yesterday I did not have a legal right to concealed carry. As of today, with this decision, it would seem that these states and the District must honor my concealed carry permit, or violate my constitutional rights under the 14th and Second Amendment.
God Bless America.
SOURCE :: Bearing Arms
Recently one of our members was applying for his Pistol Permit in Watervliet, NY. The application packet contained the form displayed above which no government should ask of its citizenry. This form asked for their Facebook Login Credentials and password.
This creates a major issue on Constitutional grounds as this could mean violation of the First, Second and Fourth Amendments of our Constitution. Why should someones right to free speech on such a platform as social media have anything to do with their right to keep and bear arms. Two rights which are guaranteed to all individuals of this great nation by the First and Second amendments. As far as fourth amendment violations – this is about the blatant illegal search of ones papers and effects. Essentially they are strong arming people to consent to their illegal search, as it may affect their applications approval. Where I come from – that’s extortion.
One of our forum members contacted the Watervliet Police Department about this form:
“Mr. XXXX, that form was erroneously included in the package we provide for pistol permits. It is an internal form that we utilize during interviews and should not have been included in the package. It has since been removed. It is, however, a common practice to view social media as a means to identify and determine character of a pistol permit applicant, in addition to other investigatory methods. We apologize for the confusion.”
“Typically all we ask is that an applicant access their account during an interview.”
The Watervliet Police Department blatantly states they will ask you to log on to your Facebook for them to search through it, and if you decline – such information is no doubt handed up to the judge deciding yes or no on your application.
The question remains – How many people actually gave into this blatant violation of their rights when applying for a Pistol permit?
As this wild year and even wilder week begins to come to a close, I finally felt compelled to write a bit about what has transpired. First off, I am proud to the core of my bones to be an American. I have served and defended this country in one capacity or another for the last 20 years, and will continue to do so as long as I am able. But let’s be honest…
America has an asshole problem.
Blame has swirled for the past week over Connecticut, mass shootings and probably the cause of pinkeye. But few if any choose to assign it where it lays most. In the hands and mind of the now deceased assailant. This is not to oversimplify, but if we held people responsible for their actions, prison sentences, incompetency hearings and intervention would have a greater level of import. But of course nothing is anybody’s fault anymore. Especially when you rob liquor stores since your daddy wouldn’t let you play soccer.
America, you see, has an asshole problem.
During the Watergate investigation of the early 70’s, Washington Post editor Ben Bradlee forced his reporters to independently corroborate every nugget of information they had (at times thrice) before he would run it. These days are gone. In the rush to be first in the news cycle, any network will run anything heard from anyone to sell airtime or an online banner. In the pre-OJ days, news was 90% info and 10% editorial. Now we are subjected to agenda-driven vitriol masquerading as news by the Matthews, the Hannitty’s, the Maddow’s, the O’Reilly’s et alia. Accuracy is not issue (even if you’re moderating a presidential debate). Somewhere it became OK for a reporter to shove a microphone in the face of a six-year-old minutes after a shooting. Of course there’s no shortage of sycophantic honey-boo-boo parents who allow (or even encourage) this to happen.
America, you see, has an asshole problem.
When you obsess over irrelevant details nobody gives a shit and you will never get your point across. If you argue the existence of the bible with an atheist by quoting scripture, trust me he will laugh in your face. So, for you “gun rights” folks, stop saying that an AR15 isn’t an “assault rifle.” It’s semantics and you sound stupid. To a non-gun owner, it’s black and looks the same. It was made by the same company, in the same factory, takes the same accessories, runs on the same ammo, and performs the same ballistically as it’s M4 brother. For you “anti-firearm” folks, if an assault is committed with a baseball bat, that makes it an “assault weapon.” Assault or military style weapons are efficient, effective killing tools. Good for taking lives. And if those lives happen to be criminals in the act of perpetrating violence against the law-abiding citizens of the US defending themselves or loved ones, I can’t imagine anyone being against it. To ask the question “why would anyone want or need a gun?” we can draw several conclusions: 1. You have never been a victim of crime, 2. Like an ostrich with it’s head in the sand you believe in the innate good nature of all people and an oversimplification of the hunter/victim relationship, 3. Like those who rely on the state for most, all or a growing number of necessities in life, you believe that someone else will intervene to save you… (Katrina anyone?)
And what of law enforcement? Ask a cop if he carries off duty. He’ll look at you and laugh… of course he does. Ask him if he keeps a weapon in the home. Of course he does. Why? Does he have no faith in his on-duty brothers to keep the peace and protect he and his family? The reality is that nobody has a greater grasp of the response time, capabilities and limitations of law enforcement, than cops themselves. So they carry.
During the Los Angeles riots post Rodney King verdict, Korean store owners kept looters and criminals bearing Molotov cocktails at bay from the roofs of their businesses while overwhelmed law enforcement were powerless to respond. Americans taking responsibility for their own safety and livelihood.
Stop talking about hunting, this is not a discussion regarding deer.
America, you see, has an asshole problem.
Although this is not in New York State, a lawsuit was brought against New Jersey’s pistol permit laws. The laws in New Jersey are very similar to New York City and some other counties in New York. Their permit laws, which require a “justifiable need” to be issued a concealed carry permit are being challenged as a violation of civil rights under the Second Amendment and Fourteenth Amendment. The suit is brought by six New Jersey residents as well as the Second Amendment Foundation and New Jersey Pistol & Rifle Clubs, Inc. It names several issuing authorities as defendants. Included in the plaintiffs are a man who was kidnapped at gunpoint and beaten, a part time Sheriff’s Deputy, an ATM machine owner/service provider that carries large sums of money and an FBI employee who is also a Coast Guard warrant officer.
This is a case to watch since it may eventually affect laws in New York State.
Read the complaint here.
Supreme Court Judge Thomas McNamara refused to rule on whether or not last week’s Senate “coup” was legal citing the New York State Constitution. “Courts may well be suited to analyzing such a question and providing a reasoned objective conclusion,” Judge Thomas McNamara wrote in his decision. “Nonetheless, a judicially imposed resolution would be an improvident intrusion into the internal workings of a co-equal branch of government.”
Judge McNamara may have been referring to the section of the NY State Constitution that reads:
§ 9. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary president and the assembly shall choose a speaker.
Hopefully this disagreement keeps any anti-gun bills from being voted on this session. Read an article about the decision here.