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?
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.