Second Amendment in N.J.
It is time for the Executive and Legislative branches of New Jersey to adhere to the U.S. Constitution. No, it is long past the time. For far too long we the citizens of the State of New Jersey have been victims of a progressive police state. “We the People” are being denied the civil right to protect ourselves, our families and our property, as a direct result of unconstitutional behavior and legislation enacted by our elected and appointed officials.
The Islamic threat
Recently, ISIS publicly threatened every citizen of the United States. This includes New Jersey, with the exception of her Muslim brother citizens, who as we so vividly recall, unrolled themselves from their prayer rugs on 9/11 just long enough to joyfully cheer the collapse of the Twin Towers and the deaths of 3 thousand Americans.
Islamic enemies of America were here then and are here now and in growing numbers which are difficult to track.
Case law for the Second Amendment
We are compelled to remind each of those pretending to represent us of the unanimous decision from the most liberal Federal Court in these United States, the Ninth Circuit. This court, liberally bent as it is, better understands the nature of the threats facing America’s citizens than do legislators in New Jersey. In the case, Nordyke v King, concerning the Second Amendment, they ruled:
The right to bear arms is the bulwark against external invasion. We should not be overconfident that oceans on the east and west coasts alone can preserve security. We recently saw in the case of the terrorists attack on Mumbai that terrorist may enter a country covertly by ocean routes, landing in small craft and then assembling to wreak havoc. That we have a lawfully armed populace adds a measure of security for all of us and makes less likely that a band of terrorists could make headway in an attack on any community before more professional forces arrived…
And there is this:
The words of Judge Ronald Gould (9th District Court):
I have written repeatedly of the vital interests served by a robust and vibrant Second Amendment. Central to the Amendment’s core purpose is not just defense of the home, as emphasized by the Supreme Court in Heller, but also defense of country from both foreign intrusion and internal tyranny. Those who have learned, even imperfectly, the lessons of history, and who understand that human nature does not change as rapidly as technology, will recognize that these are not phantom threats but core values protected by the Second Amendment. Our government has been democratic and our borders secure, and so it is hard for modern minds to consider the need to take up arms for protection of country from threats both internal and external. But constitutions are designed to endure and the Bill of Rights must be interpreted in light of the long period of time over which we hope that our country will thrive. The Framers of the Second Amendment had in mind that an armed citizenry can both repel external aggression and check the danger of an internal government degenerating to tyranny.
As I have said previously, I do not think that individual rights under the Second Amendment are outmoded․ The Second Amendment was designed to provide national security not only when our country is strong but also if it were to become weakened or otherwise subject to attack. As the people bear the risk of loss of their freedom and the pain of any attack, our Constitution provides that the people have a right to participate in defense of the Nation. The Second Amendment protects that fundamental right.
Ref: Nordyke v. King, 364 F.3d 1025, 1037 (9th)
And there too, is this:
The DC Circuit Court (see Palmer vs DC July 26, 2014) ruled that a ban on carrying a handgun in public is unconstitutional. That Court rightfully prohibited the District of Columbia from completely banning the carrying of handguns in public by qualified non-residents based solely on the fact that they are not residents of the District. This decision was based on the Supreme Court’s findings in the Heller case which was consistent with the constitutional standards enabling people to exercise their civil right to keep and to bear arms for self-defense.
In almost every urban city progressive policies have relegated its black citizens to the horror of defenselessness. Not much more than “walking targets” and easy prey of the lawless dregs which prowl, day and night. Washington D.C., Chicago, and Detroit have enacted repressive gun control laws which have sentenced honest law abiding people to not just the continuous fear of violence, but on a daily basis, the reality of it.
It would not be difficult to assign blame for every rape, every murder and every robbery, equally to those perpetrating the crimes with those lawmakers who precipitated them. Blacks represent 13% of the population, yet they represent over 50-percent of the homicide victims. When will those who supposedly represent them, stop infringing upon their rights to defend themselves?
And here is a bit more:
In McDonald v Chicago the Court held that the right to keep and to bear arms is “fundamental.” Chicago was forced, by this ruling, to set up a program which allowed Concealed Carry Permits (CCP) for its citizens. Not surprisingly they endeavored to make it as difficult as possible, but the statistics, even under the new limited permit program, clearly began saving innocent lives. Crime in Chicago, as a result, has declined by an astounding 20-percent. Imagine if even more lambs being led to slaughter were permitted to arm themselves and instead of finding cowering sheep, criminals found themselves face to face with the fangs of a wolf.
It’s time for the truth:
Since 1973 -97 handgun ownership increased 163% and the number of firearms increase by 103% and the murder rate declined by 27.7 %. Throughout the nation, where citizens are arming themselves, the decrease in crime is an unquestionable fact.
How then, is New Jersey responding to these life saving facts?
Well, for starters New Jersey is now in the process of prosecuting Shaneen Allan, a female medical assistant and mother of two children, for violating their unconstitutional draconian laws. The same laws that have and continue to put honest people in jeopardy, not only from criminals but from the laws of legislators.
Ms. Allan, a black American and resident of Pennsylvania, mistakenly crossed the border into New Jersey and was stopped for a traffic violation. She had with her, her registered and licensed hand gun which she recently obtained as a result of several attacks on her and her children. In an attempt to adhere to the law as required by her state of Pennsylvania and believing New Jersey was the same, she informed the officer that she had a conceal carry permit and was armed. She was then hauled off to jail and is being threatened with a 10 year prison sentence.
Her rights being infringed?
Other avenues which could lead to freedom for her, if all other sanity fails to prevail could, manifest itself in these few points:
- One could argue, believing she was following the law (as required in Pa.), she was forced to self-incriminate herself. Clearly a violation of the 5th Amendment.
- Pennsylvania, in compliance with the Second Amendment to the Bill of Rights which is “positive” law, the law of the land, is being totally ignored by the State of New Jersey.
- One could also argue Ms. Allan’s civil rights are being infringed upon, and a denial of equal protection (Due Process) under the law, as afforded by the 14th Amendment is warranted.
- Not only does Ms. Allan face a prison term if convicted, but she would be listed as a felon and will no longer be allowed to own a firearm and no longer would be allowed to vote. Clear violations of the 15th Amendment.
- Ms. Allan’s attorney, if it goes that far, will rightfully argue that that Graves Act is tantamount to “cruel and inhuman treatment” a violation of the 8th Amendment.
- Ms. Allen must plead NOT GUILTY period! The Constitution grants Ms. Allan the “right to bear arms”. No State law trumps the United States Constitution. See, (the Supremacy Clause)
What would a man of integrity do?
- As Governor and a former U.S. Attorney General Christie should comply with the Constitution.
- Immediately demand the progressive Democratic controlled legislature revoke the Graves Act of 2008 as unconstitutional.
- Immediately call off his Attorney General concerning Ms. Allan and drop all charges against her.
- Judges have been and continue to be appointed without subject-matter jurisdiction or constitutional authority, a violation of the 14th Amendment. This practice should be halted and remedied forthwith.
- A man of integrity would intervene in this travesty of justice being imposed on Ms. Allan.
- A man of integrity would announce New Jersey will honor any Concealed Carry Permits from any State as so mandated by the U.S. Constitution.
- Immediately order any law abiding citizen, who desires one, be issued a CCP except those with felonies, psychological, or emotional problems.
Sadly, New Jersey has a Governor, and numerous RINOs posing as Republicans who are working in tandem with the Democratic/Marxist controlled legislature which has effectively relegated New Jersey into a near police state.
Keeping in line with the Supreme Court and the Heller Decision which stated:
thus reasoned that, because handguns are extremely useful for self-defense, the District’s complete handgun ban substantially burdened the core right to armed self-defense, and was therefore unconstitutional.
We in New Jersey as elsewhere in the United States, are under siege. Islamists are killing and maiming Americans right here in this country on a regular basis. It will get worse. We are also being subjected to threats by terrorists.
Quote: Abu Bakr al-Baghdadi, The Self-Proclaimed Caliph of ISIS has stated,
Our Last Message Is To The Americans. Soon We Will Be In Direct Confrontation, And The Sons Of Islam Have Prepared For Such A Day. So Watch, For We Are With You.
These are not just bluster or idol threats. They are real and they are being enacted. Columbus, Indiana where a series of criminal threats against Christians is being investigated as a search for the degenerates who have spray painted messages on the buildings with the following warnings which included Koranic references:
Infidels! We will cast terror into the hearts of those who disbelieve for what they have associated with Allah of which He had not sent down [any] authority. And their refuge will be the Fire, and wretched is the residence of the wrongdoers.
If our Governor and the legislature find it difficult to find and read quotes such as those above, they might one day rue their laxity. While we are at it, we suggest that these other pieces of authorship might be of some interest. Joseph Story, Commentaries on the Constitution of the United States § 1890, at 746 (Boston, Hilliard, Gray & Col. 1833). A quote therefrom: “The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers”.
And finally, we can suggest another historical piece of writing, which seems to have escaped the attention of law makers and Governors here in New Jersey. It’s titled “The Bill of Rights”. Interesting reading, Governor.
Reprinted from Tea Party Advocacy Tracking Hub