Category Archives: 4th Amendment

If Gun Controllers Read The Other Amendments Like They Do The 2nd

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If Gun Controllers Read The Other Amendments Like They Do The 2nd

Gun control zealots love to get hooked on the semantics of the 2nd Amendment.

Due to the forefathers elegant writing that is more verse than prose, gun control zealots have harped on misinterpreted syntaxes of the 2nd Amendment for years.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

The gun controllers like to say that since there isn’t an “and” between State and the right of the people that somehow invalidates the intent of founders.   The intent being found in the other writings of the time.

George Mason: “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.”

Sam Adams: “And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms”

George Washington: “Firearms stand next in importance to the constitution itself. They are the American people’s liberty teeth and keystone under independence”

Alexander Hamilton: “The best we can help for concerning the people at large is that they be properly armed”

Thomas Paine: “Horrid mischief would ensue were the law-abiding deprived of the use of them (arms)”

So even though the founders had just tossed out a tyrant and basically made a bill of rights that all be exclusively dealt with the aforementioned tyranny, somehow the lack of a word is supposed to undercut the intent?

If we were to extend this logic to the other rights enumerated by the Bill of Rights we would have a very different country today.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

By applying gun control “logic” on the 1st Amendment we would have the right of free speech, press and assembly limited to only apply when seeking redress for grievances.  You see, everything before the petition part was an “or”.  You have this right OR this right OR this right, then you can take one of those rights AND petition the government.

Remember, this is gun control “logic”.

So, unless you are petitioning the government for redress of grievances, your right to free speech or assembly or the press or religion would be able to be restricted to the point of prohibition.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law

No mention of apartments in the 3rd Amendment.  Therefore the government has the rights to shack up as many soldiers in your apartment as they want.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces

It only says land, it doesn’t say land forces therefore anyone can be held to answer for a crime without due process if it occurs on land.  Therefore the 5th Amendment only applies to crimes taken while either on an airplane or while falling off a cliff.  And since there weren’t airplanes back in the 1700’s and since gun controllers say at best we have a right to a ball and powder musket then the founding fathers meant to enumerate in the constitution a provision to protect the rights of people accused of committing crimes while falling off a cliff.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Since the it’s “and” and not “and/or” between cruel and unusual punishments the 8th Amendment allows punishments that can be either cruel or unusual so long as they are not both.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

Just like the previous amendment this one has “or” instead of an “and/or” and as such allows for certain rights to be denied AND disparaged against, so long as both are done when you apply the gun controllers logic to the 9th Amendment.

By applying gun control “logic” to other amendments of the Constitution illustrates how ridiculous it is.  Yet gun control zealots still like to argue that somehow, despite the historical evidence of intent, that the founders somehow wanted to limit the right to keep and bear arms to the military.

But back in reality I argue that the intention of the founders was clear and clearest with regards to the 2nd Amendment.  Not only are there the writings of the day that argue for the personal keeping and bearing of arms but also the anecdotal fact that these colonists OVERTHREW A TYRANT.  They didn’t do it by not quartering soldiers, they did it by the use of arms.

They felt so strongly about it that they included in the 2nd the strongest wording they could and a phrase that is not found anywhere else in the Constitution.

Shall not be infringed

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Lies My Government Tells Me

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Lies My Government Tells Me

With the recent signing of the UN Arms Treaty and its potential to undermine American sovereignty in regards to the 2nd Amendment, Sec. of State John Kerry and the Obama Administration has assured the public that they are not going after guns.  History, both recent and spanned, tell us that taking the government’s word in regards to “what will and will not happen” is tenuous at best.

Here is a list of just some of the lies our government tells us.

Social Security.  Putting aside promises that may have been made by FDR that the number would not be used for identification or that the program would be voluntary (yeah right) there are concrete promises that have been quickly tossed out.  Did you know that when the government was trying to cram the social security ponzi scheme down the American throats they made a lot of promises and even made PAMPHLETS detailing them.  For instance:

After the first 3 year–that is to say, beginning in 1940–you will pay, and your employer will pay, 1.5 cents for each dollar you earn, up to $3,000 a year. This will be the tax for 3 years, and then, beginning in 1943, you will pay 2 cents, and so will your employer, for every dollar you earn for the next 3 years. After that, you and your employer will each pay half a cent more for 3 years, and finally, beginning in 1949, twelve years from now, you and your employer will each pay 3 cents on each dollar you earn, up to $3,000 a year. That is the most you will ever pay.

Then there is this gem:

What you get from the Government plan will always be more than you have paid in taxes and usually more than you can get for yourself by putting away the same amount of money each week in some other way.

Considering I am more than 3 decades away from collecting social security yet by the Congressional Budget Office’s own calculations social security will be out of money in 2023, I wonder if the government will live up to its promise that I will get more than I paid into it.  Eventually all ponzi schemes fail and social security is no different.

Speaking of money given to the government under false flags, as a Pennsylvanian I pay a funny little tax that the rest of the country may not know about.  Do to the tragedy and damage from a flood Pennsylvanians pay the “temporary” Johnstown Flood Relief Tax.  Now, don’t think me heartless because it is good to help those who have been victim of a terrible natural disaster…except the Johnstown Flood occurred in 1936!!!

I find that the term “temporary” is just fertile soil for the government to sow a harvest of lies.  They figure that after enough time people will just become used to it and forget about the matter entirely.  I have 77 years of taxation as proof.

The previous examples just deal with money but the lies the government tells us have been much more nefarious.  I’m speaking of things such as the Tuskegee Experiments.  The Tuskegee Experiments was a clinical study conducted over FORTY years from 1932-1972 wherein the government lied to 600 black American men in order to conduct experiments on syphilis.  The poor black sharecroppers were told they were receiving free health care yet were unwilling guinea pigs of the researchers.  Syphilis is CURABLE with penicillin yet these men were not told they had syphilis nor were they given treatment for it.

Now, at this point you may say, “sure, but the 2nd Amendment is a Constitutionally guarenteed right, the government can’t lie their way to violate that.”  Not so.  The 5th and 14th Amendments BOTH have protections of due process yet in 1942 over 80,000 US CITIZENS were rounded up and locked up in internment camps just because they had Japanese ancestors.  The lie there is that Due Process and any other right enumerated in the Constitution is sacrosanct. and cannot be violated on the governments whim.  It’s just not true.

These civil rights violations aren’t relegated to the history books either.  One need look no further than the past year in order to choke on all the lies that the government has been forcing down our throats with the NSA spying on every American.  At first it didn’t happen, then it was only non-US citizen terrorists, then only US citizens with terrorist ties.  Now, with the lies falling apart the truth emerges and we are all being spied upon.  So much for the 4th Amendment.

Of course these are only a few of the lies, ones that highlight the lies that have deprived us of money, liberty and life.  The lies that have gotten us into wars, that have kept officials in office, and the ones we do not even know about are more prevalent than I have time or want to list.

So no, I do not accept the lies coming from the Administration when they say the UN Arms Treaty will not infringe upon the 2nd Amendment.  The US government has a long list of lies and this is just another on to add to the pile.  The UN Arms Treaty has the groundwork to undermine the 2nd Amendment utterly.  Here’s how:

The most recent draft treaty includes export/import controls that would require officials in an importing country to collect information on the ‘end user’ of a firearm, keep the information for 20 years, and provide the information to the country from which the gun was exported. In other words, if you bought a Beretta shotgun, you would be an ‘end user’ and the U.S. government would have to keep a record of you and notify the Italian government about your purchase. That is gun registration. If the U.S. refuses to implement this data collection on law-abiding American gun owners, other nations might be required to ban the export of firearms to the U.S.

We’ve been paying for a flood for 77 years…who knows how long we would have to pay if this international influence is allowed to take root.

Between the taxes, civil rights violations, inhumane experiments why would anyone take the government at their word?

9/11/13 : Twelve years of letting the terrorists win

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9/11/13 : Twelve years of letting the terrorists win

I’m going to sidestep the normal gun heavy discussion I tend to have and focus on my Libertarian roots.

I cannot help but look at the past twelve years and see all that we lost.  Starting with the 2700+ killed in New York, the 343 fire fighters who died in the line of duty, those in the pentagon and those in the plane that struck it.

Then I think of Flight 93 and the heroes on board.  The first and the last victory the people of this country had against the war on terror.

Because everything afterward has been a continued and steady victory for terrorism.

See, when terrorists commit to something, dying is pretty much a moot point.  Therefore killing them doesn’t actually change the scoreboard.  Don’t get me wrong, I’m all for killing terrorists, but that is just a show to cover the continuing defeats that we have faced over the past 12 years here at home.

“What defeats” you say?  “We haven’t had anymore buildings get blown up or planes get knocked down” you exclaim.

No.  We’ve taken the fight to the terrorist and we haven’t had buildings blown up, planes taken down by shoe bombers or underwear bombers or chemical/nuclear/biological attacks.  Those attacks are on broad scales and easily defined.

We, as Americans have been losing by small degrees.

Those degrees have culminated in the loss of our way of life.

“We’re told to go on living our lives as usual, because to do otherwise is to let the terrorists win”

“If Americans begin to yield their own freedoms at home, the terrorists have won.”

“Our response to terrorism should be carefully measured. If our First Amendment rights suffer as a result of a terrorist attack the terrorists have indeed, won.”

Any of these sound familiar?

Unfortunately, it was then that President Bush made his biggest blunder.  The Patriot Act.  And most of the county, like willing supplicants begging for alms to quiet their fears lapped it up.

I’ve no doubt Mr. Bush had good intentions with the Patriot Act, the TSA, Homeland Security and all the rest.  But as they say, the road to hell is paved with good intentions.

So now we find ourselves in a country, led by President Obama who has expanded on Bush’s mistake and we find ourselves with no privacy, no free travel, no 4th Amendment rights, at the whims of federal and local authorities to shred the constitution on a whim all for the dog and pony show of combating terror and to keep us (the sheep) safe.

Ben Franklin, founding father and all around genius once put his thoughts on the matter so eloquently that they cannot be improved upon by saying:

Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.

To anyone who was molested by a TSA agent, thrown in cuffs “just cuz” in NYC, or had the IRS try and ruin their lives because of what they wrote on the internet; I’m sure you have a very personal take on what this blanket of safety really feels like.

We have been losing the war on terror for the past 12 years because we have been losing our way of life.  Bush started it but Obama has made it so much worse.

Unfortunately, it seems only Libertarians are willing to acknowledge the fact that both major parties have had their hand to play in this, so R’s and D’s just keep fiddling with each other while the Constitution burns.

If remembrance of 9/11 makes you sad it’s all right, it was a tragedy and pain should be tinged with the memory.  For me, looking at what my country has become over the last 12 years holds the same.

Lost rights…lost freedoms…lost liberty…

I just hope that it is not too late and the war is not lost.  I hope that the sleeping giant that is America (and not its government) rouses from its slumber and smashes the chains of its own imprisonment before they are shackled too tightly.

9/11 is a day of sadness…but also a day of hope.

Come on America…let’s roll.

Military Style Raid to check the water…what did you think the Federal Gov was going to use that billion bullet stockpile on?

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Military Style Raid to check the water…what did you think the Federal Gov was going to use that billion bullet stockpile on?

Chicken Alaska…no, it’s not some savory culinary dish a la chicken alexander but rather a small gold mining town with a population of 17.

The members of this town were treated to a rather rude awakening when their little slice of the last frontier was descended upon by a cavalcade of Federal and State agencies.  Or more accurately, the Federal Agencies descended while bringing on some token State agencies in order to make it look less like an invasion and subjugation of state sovereignty.

This raid, in which the agencies involved (10) nearly outnumbered the residents of the town (17) is somehow trying to be spun that it was not a raid.

Let me stress one point about the previous sentence.  The number of AGENCIES nearly eclipsed the population of the town, not the number of agents which was likened by a resident as a swarm of ants.

“Imagine coming up to your diggings, only to see agents swarming over it like ants, wearing full body armor, with jackets that say “POLICE” emblazoned on them, and all packing side arms,” gold miner C.R. Hammond told the Alaska Dispatch.

Somehow, invading a town like army ants, armed to the teeth and in body armor doesn’t constitute a “raid”, according to the EPA.  A spokesman for the EPA released a statement saying:

“The ongoing investigation conducted by the AK Environmental Crimes Task Force — consisting of EPA, ADEC, USFWS, ADFG, BLM, Coast Guard, FBI, Alaska State Troopers, NOAA, & US Park Service — did not result in a raid,”

So what was the EPA et al, in their full body armor and superior firepower up to in the sleepy town of Chicken?  Was there some intelligence about eco-terrorists or some other threat to National Security that warranted such a heavy handed military style raid?

Nope.  The EPA wanted to check the water.

According to them the not raid raid was due to the possibility of violations to the Clean Water Act.

…….

………………..

……………………………….

……………………………………………….come on!!!

Oh wait…it gets better.  Since the August 19th not raid raid there has been increasing outrage from both private citizens and the politicians of Alaska, including both US Senators and Gov. Parnell who ordered an investigation yesterday stating:

“this level of intrusion and intimidation of Alaskans is absolutely unacceptable.”

Hear hear Gov. Parnell.  The reaction from the EPA…not only to stonewall the inquiries but also to add new allegations that the not raid raid was in response to rampant drug and human trafficking.  I can tell you that that’s bogus from the start.

You want to know how I know?  Because of all the alphabet soup agencies involved, there is one conspicuously absent in an investigation of rampant drug trafficking.  Namely, the DEA.  Also, is the EPA saying that they didn’t raid a town that they suspected of drug and human trafficking?  Really?

Even the State Troopers weren’t going to back up the EPA’s lies when a spokeswoman for the AK State Troopers stated that they did not advise EPA officials to conduct the raid, adding that no evidence exists to believe those crimes are occurring.

So what can we take away from all of this.

First, all agencies of the Federal Government are becoming militarized.

Second, these formerly non-militarized agencies need bullets and have gotten about 2 billion of them over a ten month period as the federal government continues to stockpile and hoard ammunition.

Third, the Obama administration and the Federal Government don’t care one lick about state sovereignty.

Fourth, if this military style raid is going to happen over water, and then get trumped up with false allegations when some people object, just imagine what will happen when these agencies turn their attention to gun owners.

The possibility that gun owners will be subject to such not raid raids in which the myriad of Fed. Agencies descend up their home on trumped up charges and fishing expeditions is very real.  And of course, if some law abiding citizens or their dogs get killed along the way the Feds can no doubt trump up some more charges because the deceased won’t put up much of a defense.

And THAT is not, “the sky is falling” or conspiracy theory talking.  That is a rational extrapolation of the previous four facts.  I’m not saying it is going to happen, all i’m saying is that it could happen, because it all ready is, just not to gun owners…yet.

 

Federal Judge ruled Stop & Frisk unconstitutional. Time for a 2nd look at Terry Stops?

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Federal Judge ruled Stop & Frisk unconstitutional. Time for a 2nd look at Terry Stops?

New York Despot Michael Bloomberg has taken his virulent hatred of firearms beyond just infringing on the 2nd Amendment rights of his citizens and promoted a program that denies New Yorkers their 4th Amendment rights.

This program is colloquially known as “Stop and Frisk”.  Stop and Frisk gives NYPD officers the ability to stop an individual on a whim and search him.  Now, a lot of people complain that it is unfairly targeting black people.  I complain that it is unfairly targeting ANYONE.

The practice has increased 600% since Bloomberg took office.

Stop and Frisk by the numbers

Stop and Frisk basically lowers the amount of reasonable articulable suspicion needed for an officer to engage in a stop.  In fact, looking over the “justifications” on the official police form, reasonable seems to have taken a hike.

uf250front

 

Fits description?  Funny how many innocent people fit someones description about something.

Actions indicative of casing a victim or location?  Actions indicative of acting as a lookout?  Just standing around waiting for your friend pretty much gives the NYPD reason to harass you.

Suspicious bulge/object?  Phone, wallet, keys, well endowed, take your pick because apparently any of those is going to have you with your hands against the wall.

Furtive movements?  REALLY…furtive movements?  That doesn’t even take any imagination on the part of the officer to make up.  That is the EZ Pass to the rights infringing superhighway.

Fortunately, there was a federal judge who might have actually read the Bill of Rights once or twice and correctly ruled that Stop and Frisk is unconstitutional.

Bloomberg vowed to appeal the ruling.  Not surprising because Bloomberg hates not only guns but freedom and liberty of people he thinks are beneath him.  He believes that his way is the best way and you can only own what he allows, only eat what he allows, only walk the streets when he allows, only make choices that he allows.

I don’t call Bloomberg a despot because he is anti-gun…he is anti-gun because he is a despot and a fanatical hater of liberty.

But I digress.  With this blow against Bloomberg’s tyranny perhaps it is about time the courts took another swing at “Stop and ID” laws and Terry Stops.

The first is much like Stop and Frisk.  An officer, with little reason beyond just wanting to, can stop you on the street and demand to see your papers.  Very Berlin circa 1938.  We’re not talking about trying to vote, or drive a car or board a plane or anything other than simply existing in the world.  You shouldn’t need to justify or prove your existence to an officer on his whims.

The latter, for those of you who may be unfamiliar, is called a Terry Stop named after the case Terry v Ohio in 1968 that pretty much opened the door for the gutting of the 4th Amendment.

Terry states that is it not unconstitutional to stop and frisk someone if there is reasonable articulable suspicion that said person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.”

This is what happens when you start to make exceptions to rights.  When you start to chip away at the Bill of Rights, it reverberates throughout the years.  Once the crack forms a rivulet of water can crumble the greatest mountain.  And so has Terry been that crack that has led us to a dystopian present which finds New York a modern version of Berlin 1938, where Jews are replaced by Blacks and subject to the mad ideas of another tyrant.

As a gun owner I have been subject to a terry stop a time or two simply for being armed.  Not being armed in a restricted place or any other way illegally mind you…just simply being armed and as such RAS was inflated in order to justify seeing what else I had on me.

I can assure you, it is not enjoyable to be helpless to a modern day Gestapo who, by violating your rights, dehumanize you and make you feel less than free.

We need to rein in police “discretion” on who they think might be on the way to maybe planning a crime.  This isn’t Minority Report.

In reaffirming the 4th Amendment by striking down Terry Stops and all other “show me your papers” infringements, we also strengthen the right to keep and bear arms by not being victimized by police simply because they feel like it.

After all…a rising tide lifts all boats.

It is time for liberty to rise again.

 

No-knock warrants in a lawfully armed Nation

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No-knock warrants in a lawfully armed Nation

Let’s begin with a definition.

No-knock warrant: a warrant issued by a judge that allows law enforcement officers to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell

The no-knock warrant is a “evolution” of police procedures brought on by the war on drugs.  The rationale is that if you announce yourself before entering a property, evidence (mostly drugs) can be flushed down the toilet or otherwise disposed of.  So instead of ringing the doorbell, they either kick down or blow up your front door and pop in smoke grenades and bum rush your house.

While it is logical to understand that the element of surprise stops criminals from disposing of evidence, but what about the THOUSANDS of other times when a warrant is served at the wrong address?

Children terrified, dogs shot, homes destroyed etc etc.  I guess innocent until proven guilty doesn’t extend to a paramilitary force busting down your door in the middle of the night looking for evidence.

And what you receive to placate your traumatized children, dead dog, home damages and beaten spouse?  “Whoops…sorry about that.”

But this isn’t even the most volatile of situations.  What happens when you are a lawful citizen who keeps and bears arms?

I won’t assume anything for you, but if a bunch of armed men, dressed in black wearing ski masks break down my door at night its bullets first, questions later.

Unfortunately, in all states except Indiana, it is unlawful to shoot a police officer in the above or following scenario.  If it is a group of armed criminal home invaders wearing all black with ski masks, then it’s ok, but if it is police, you’re out of luck.  As a gun owner, do you want to take that chance?

Scenario: I’m on the couch watching late night tv, dog is by my feet, wife curled up next to me, kids soundly asleep upstairs when all of a sudden the front door explodes open.  A group of armed ninjas bust in and shoot my dog because he had the audacity to bark at them.

 

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49 states would have you first engage these men in dialogue to ascertain why they just attacked your house in the middle of the night.  Barring freezing up due to panic (which happens), if you have a gun handy and aren’t shooting then I say there is something wrong with you.

Your wife’s and kids’ lives are in the balance, not to mention your own, and you are going to ask the men who bombarded your house to please identify themselves before you engage in your own self defense?  That’s ridiculous and also a good way to get yourself killed, your wife raped, your children kidnapped and your house looted…you’re dogs all ready been shot.

It’s an axiom of gun owners and holds true here…it’s better to be judged by 12 than carried by six.

The negatives of no-knock warrants far outweigh the perceived benefits and it is about time that states and the courts took a long hard look at curtailing and eliminating this unconstitutional action.

I mean, what is more of an unreasonable search and seizure than being attacked by armed hooded thugs who break down your door in the middle of the night without announcing themselves a cops?  Even if they do announce themselves, the warrant is to look for evidence, a no-knock warrant assumes your guilt and that the evidence is all ready there.

Perhaps this wouldn’t be such a big deal if cops getting it wrong was rare…but it’s not.

Cop Shoots service dog servicing warrant at wrong house

Army Vets dog killed when police raiding wrong apartment

Pittsburgh woman’s apartment ransacked with 2 children inside  on a warrant with bad information. “The way they all came in here and just threw smoke bombs and kicked in the door, we could have gotten hurt,” Earnest said.

61 yr old man shot to death by cops while 70 yr old wife handcuffed to radiator when cops raided wrong house

Cops Raid Wrong House, Threaten Children and Kill Their Dog 

And those were just a few in the past 90 days.  I didn’t want to link ad nauseum so I kept it to 5 examples that cover the basics, children terrified, dogs shot, houses ransacked, husband killed, wife roughed up etc.  Remember, these people are INNOCENT.

This is still America and no knock warrants have no place here.  The innocent are supposed to be protected from both criminals AND cops.  The 2nd Amendment is for the former, the 4th Amendment is for the latter.