I find it understandable Americans are upset that mass
shootings can seemingly occur one incident after another and another. But What
most of those upset Americans do not understand is gun control laws whether
they be gun confiscation, Red Flag Laws, Extreme Risk Protection Orders (ERPO)
or whatever else restrains the Founding Fathers’ intent for
ratifying the Second Amendment; will
eventually lead to the tyranny of the Elite.
Justin Smith addresses the alarming utilization of government
power that restrains law abiding citizens more than law-breaking criminals.
JRH 8/12/19
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The Rush Towards
Tyranny
Eroding Liberty - Unconstitutional: Red Flags & Gun Bans
By Justin O. Smith
Sent 8/11/2019 7:00
PM
Americans are rushing towards tyranny more frequently these
days, in the wake of three recent mass shootings, and they are calling for
unconstitutional and illegitimate new laws that penalize honest and decent
Americans in an unconscionable manner, while doing little in the way of
creating real solutions. If anyone believes red flag laws, expanded background checks
and bans on semi-automatic weapons will make them safer, they are so sadly
mistaken, and, if enacted, not only will they not be any safer, they will be
less free, with their God given rights further eroded and
suppressed.
Every law-abiding U.S. citizen should be up-in-arms and in
an uproar over President Trump, Senate Majority Leader Mitch McConnell and
others, such as key Republicans like Sen. Lindsey Graham (SC), Sen. Pat Toomey
(PA), Sen. Marco Rubio (FL) and Sen. John Cornyn (TX) pursuing new gun control
legislation and "compromises" with Democrats, such as Senator Dianne
Feinstein (CA), Sen. Chuck Schumer (NY), Sen. Richard Blumenthal (CT) and
Speaker Nancy Pelosi (CA), especially when any real compromise doesn't exist,
and never will. Even as Republicans showed their willingness to enact stronger
background checks and red flag laws, Democrats were screaming for stores, like
Walmart, to stop selling ammo and guns and for laws that invoke higher taxes on
both, as well as a law banning semi-automatic rifles; Republicans are becoming
willing accomplices in the Democrat goal of eradicating the Second
Amendment.
Despite his bluster and tough talk as a strong defender of
the Second Amendment, President Trump is not to be trusted on this issue, since
he has a long standing known propensity for gun control, favoring gun bans as
late as 2009, and as President, Donald Trump has already violated the Second
Amendment through his Executive Order that authorized the Department of Justice
to regulate bumpstocks, which also flies in the face of D.C. vs Heller, in which
the Court acknowledged that an individual has the right to keep and bear arms
of the same sophistication and technological advancement of the U.S. military,
since the Second Amendment was written as a measure to ensure U.S. citizens'
rights to arm themselves against any tyrannical government, not to hunt
deer.
As noted by the Court in 2010 in McDonald vs. City of Chicago,
"The right to keep and bear arms is 'among
those fundamental rights necessary to our system of ordered liberty."
With McDonald vs Chicago, the Court ruled that the Second
Amendment was "incorporated". This legal term placed states and local
governments on notice that they must follow the limitations of the
Constitution's 2nd Amendment and could not make laws more restrictive than
allowed by the 2nd Amendment, which states "the right of the people to
keep and bear arms, shall not be infringed."
And now, most recently, all America heard President Trump state, "I have called for
Red Flag Laws, also known as Extreme Risk Protection Orders."
Regarding background checks, he stated on August 9th, that he thinks "Republicans are
going to be great and lead the charge along with Democrats.”
One should also note that although President Trump once
suggested foregoing "due process" after the Parkland High School mass
shooting in February 2018, he did state on August 5th
2019, that "those judged to pose a great risk to public safety (should)
not have access to firearms and if they do, those firearms can be taken through
rapid due process."
On August 8th, Senator McConnell told NPR that the Senate would be
addressing bans on "assault weapons" and expanded background
checks, when the Senate reconvenes in September. McConnell's use of the term
"assault weapons" is part of the Democratic Party narrative that
seeks to negate the true and legal use of these weapons for self-defense, and
it only serves to further erode the Bill of Rights and our liberty if we allow
it to go unanswered.
Nobody in America wants to see anyone who is mentally
unstable enough to commit violence having a powerful firearm in their hands,
but there already exist numerous laws, that if properly enforced would
alleviate that problem. Peddling his staunch "defender" title in
2015, even President Trump noted: "Too many states
are failing to put criminal and mental health records into the system (making
the system ineffective). ... fix the system we have and make it work as
intended ... don't ... expand a broken system."
However, unconstitutional Red Flag Laws are not the
answer, especially once one considers the many government abuses that have
already occurred in the seventeen states (and the
District of Columbia) that have legislated Red Flag Laws. They allow police to
convene a Chekist-style secret meeting, that strips an American of his Second,
Fourth and Fifth Amendment rights and violates "due process of the
law", since the firearm owners are barred from participating in the
hearing and presenting their counter argument, and often, they are unaware of
the "Extreme Risk Protection Order"
[USACarry.com
and RomanoLawpc.com]
until the police knock on the door and ransack their house or arrest or
shoot them, just as they shot Gary Willis, in Baltimore, MD, at 5:17 a.m. on
November 5th 2018 for resisting their ERPO. [The
Epoch Times and New
American]
Willis was executed for resisting a government overreach,
intrusion and violation of his basic God given rights. I guess America could
have just skipped the bloodshed of the War for Independence, since so many now
seem to prefer authoritarian controls, serfdom and a King over freedom and
liberty.
Patrick McLaw
On August 22nd 2014, Patrick
McLaw, a 23 year old middle school teacher -- once nominated for Teacher of
the Year [Last
Paragraph], was taken into police custody for a psychological evaluation,
after he wrote two novels about high
school massacres, under the pen name "Dr. K.S. Voltaer". McLaw had no
criminal record, no guns or bombs were found in his home, but the State
Attorney claimed McLaw drew police attention through a four page letter he sent to officials in Dorchester County.
And in the end, no warrant was issued, no charges were filed and no arrest was
made, however, he remained detained in police custody, while they investigated
crimes he may or may not have committed, as the State utilized psychopathological
mechanisms, the touchstone of totalitarian governments, and fully displayed the
great distance our society has drifted from liberty.
Dave Workman, senior editor at the Second Amendment
Foundation in Bellevue, Washington recently wrote: "It's (Extreme Risk
Protection Order) a great idea on paper. In practice, however, you're guilty
until you prove yourself innocent."
A Red Flag Law in Tennessee might even scoop me up, since in
my youth, I used to have a hair-trigger temper, cracked many a ridge-runnin'
redneck's jaw and quite possibly should have been charged with assault myself,
at one time or another in my life. No excuses made from me; I am a strictly no
nonsense man who never took being called out of my name or having hands placed
on me in anger lightly, and in every case where the law ever questioned me, the
attending officer agreed with me, for whatever the reason. However, some past
recipients of my wrath would certainly be quick to turn such a law against me,
even though I am a much cooler head today, years later.
But, having a pistol or rifle in my hands always leveled my
thinking, whenever I encountered danger and imminent harm, having traveled the
most dangerous areas of America, at one time or another. It tamped down any
anger, since I have always been all too cognizant of the power of firearms and
the damage they can do, my entire life; and, due to my respect for all life, I
never wanted to take another person's life, if there was anyway to avoid doing
so.
I've had a firearm of one type or another in my hands, since
I was eight years old, when my father first started teaching me firearm safety,
and I received more instruction in the 6th grade at a summer camp at Columbia
Military Academy (Columbia, TN), where all the children were handed .22 caliber
semi-automatic rifles, in 1969, for a well supervised target practice; and of
course, I received further instruction upon joining the U.S. Army years later. Good
people raising good children will make for a safer society. Teach your children
well, starting with the Ten Commandments, or a similar moral code.
If more gun laws worked, Mexico wouldn't have had 100,000
people killed by firearms in the past decade. It has the most restrictive gun
laws one might imagine, and it has only one gun store, that sits in the middle
of a military base and has soldiers for clerks. Restrictions on the good and
decent citizens, whether in Mexico or America, only favors the criminals.
There is also a much more serious issue at hand: If the
Constitution can be suspended in a secret hearing, this can only lead to a
despotic government and great tyranny. The Democrats have already proposed the
forced confiscation of the American people's firearms and weapons by armed
squads of police.
What if this publication could be shut down without due
process, based on a secret complaint? Or individuals could now be arrested or
imprisoned for 21 days, or more? How far off can torture be? Eroding the
Second Amendment in this manner erodes the entire Bill of Rights.
Any American who values our rule of law and the Bill of
Rights and the inalienable rights that preexist politics and government should
be opposing all the new gun control measures coming our way, as we work to keep
the legal and justified means of self-defense in the hands of all law-abiding
citizens, since not one state law in this respect is constitutional, and a
federal law would not be either. Taking away rights from law-abiding citizens
due to terrible acts by criminals, a small percentage of the population, is
precisely what our Constitutional Republic was designed to protect against and
expressly forbids. The legal philosophy behind these laws is dangerously
illegitimate, and far from bipartisan or consensus proposals, they represent a
constitutional Rubicon and the point of no return.
Y'all can give up your semi-automatic weapons if you're of a
mind to do so. As for me, they'll have to pry them from my cold, dead hands.
By Justin O. Smith
___________________________
Edited by John R. Houk
Text enclosed by brackets and all source links are by the
Editor.
© Justin O. Smith
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