Please wait...
I will have to look for wording for federal but its been accepted legal practice pretty much forever, that under declared emergencies, citizen rights can be temporarily suspended/modified. Many ( most? ) states do have it spelled out in their constitutions. under martial law rules
Plus, she only restricted carry in certain public areas, temporarily.. Not sale, or ownership, and not even the entire state, just one county, so clearly 'limited in scope', and i'm my opinion is within the rules.
Now, dont get me wrong i do totally disagree with doing it, but i fully believe she is on solid legal standing/historical precedent here. But more importantly its the people totally freaking out and lying to drum up support that is my beef and why im ranting about it. They are doing the exact thing they accuse the other side of doing.
But that said, if in 30 days she tries to extend it more, either in time or scope, then ya, shes abusing the rules.
Looking around a bit, but sort of busy, but ran across this first off. Leading to what i was thinking about states, which would be what applies in this case anyway since Biden didnt do it...
"Although the U.S. Constitution makes no specific provision for the imposition of martial law, nearly every State has a constitutional provision authorizing the government to impose martial law."
2A codifies the right to keep and bear arms. How does one bear an arm without carrying in public?
Have to disagree with you here. She is way out of line, should be immediately recalled, tried for treason, convicted, and hanged.
I didnt mean to say she did, just that the same sort of rules apply for emergency actions, and seems more at a state level than federal.
Not the first state to do this BTW. Remember Katrina? There, they forced people to stay in their homes for their safety, and they also collected their guns ( to keep it 2A related ). There are others, but that comes to mind first.
Curfews are common in disasters/emergencies.
I could go on and on. But i wont.
Even here they close roads due to emergency. Travel is a right.. last i heard, but they can, and will close a road when needed. ( i had a fight over that once few years ago. flooded park.. I walked up with my dog to swim " its closed " "um, im not driving, im on foot, nor am i going to cross the flood so bugger off " Dude tried to say something else and i just walked past him, and his sign.
Sun Sep 10 2023 19:59:46 EDT from zelgomerShe hasn't imposed martial law. And if a right can be curtailed by simply declaring a state of emergency, it's not much of a right, is it?
Sun Sep 10 2023 18:37:43 EDT from Nurb432I will have to look for wording for federal but its been accepted legal practice pretty much forever, that under declared emergencies, citizen rights can be temporarily suspended/modified. Many ( most? ) states do have it spelled out in their constitutions. under martial law rules
My understanding is that state constitutions cannot deny rights enshrined in the US Constitution. And there is nothing in the Constitution that allows RIGHTS to be "suspended".
And as for "curfews", I believe the vast majority of them have been blatantly unconstitutional.
Article 1 Section 9 Clause 2 of the US Constitution says: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
A hurricane or any other natural disaster clearly does not fall under "Cases of Rebellion or Invasion".
Well apparently the Supreme Court decided that clause did not apply to the states: http://cdn.loc.gov/service/ll/usrep/usrep242/usrep242367/usrep242367.pdf
However, the Mississippi Constitution (my home state) has the exact same clause. So "curfews" clearly have been unconstitutional at least in Mississippi.
But the sad fact is courts have a knack for refusing to admit the obvious.
Yes.
Left leaning ones in particular
Mon Sep 11 2023 13:21:44 EDT from msgrhysBut the sad fact is courts have a knack for refusing to admit the obvious.
So the citizens, flipped her the bird.. County sheriff flipped her the bird. AG also did. Now a temporary restraining order was placed by a federal judge. Oddly DOJ and WH are quiet.
If this was a trial balloon for the future ( next year ) as i suspect, it didnt go well for them.
Well I went into my local gun shop and what do you know? All the Liberty safes are on sale, LOL!
Liberty safes are on sale, LOL!
They guarantee to liberate the combination when asked to by the gestapo!
I have heard you can 'fix' that, if you have one now that everyone knows its a problem. Of course dont give them a dime and buy another.
They guarantee to liberate the combination when asked to by the gestapo!
So Harris was appointed gun czar, to the new citizen disarmament office. Not that it really matters, whoever is there will just follow orders. But still, she sucks and needs to be gone.
lol cant make this stuff up.
"To celebrate the death of Senator Feinstein we're offering free shipping on ammunition to California customers today through Oct. 31st. Simply select Good Riddance, Dianne at checkout!"
another loss for ATF on braces.
Still not totally struck down and only applies to the plaintiffs, but the right direction again. But they will appeal.. and around we go again.
I dont have details, as i started looking at the ruling and just can do it. Stupid lawyer-speak, should be illegal.
But i think a district judge in NewJersy ( or local, im not sure ) has declared that computer code is not protected by free speech if its to make a gun. Wrong on so many levels, free speech, bruen case, etc. ( directly related to Defense Distributed and their 3D files )
You get free speech unless you say something we dont like.
Forgot the link to the ruling before i hit post ( and it should have been i CANT do it not CAN .. grrr typos )
https://storage.courtlistener.com/recap/gov.uscourts.njd.470350/gov.uscourts.njd.470350.188.0.pdf
So Hornaday blows up ( unsure how bad.. but one person died ) and Feds shut down lake city for commercial sales...
Expect more ammo shortages.