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California has has no laws in its Constitution the guarantees an individual rights to bear arms, semiautomatics cant be sold in California. California doesn't really allow concealed carry permits in most of the state
California Constitution -
ARTICLE I DECLARATION OF RIGHTS [SECTION 1 - SEC. 32] ( Article 1 adopted 1879. ) SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
- - -
If one has inalienable rights which include defending life, that certainly means one has the right to bear arms.
HOWEVER, if one has consented to be governed, one has WAIVED that endowed right in exchange for mandatory civic duties.
Most people misread the second amendment and conflate "people have the right to bear arms" with "militiamen."
Militiamen are under legal obligation to train, fight, and die on command - which certainly abrogates any endowed right to life and liberty.
The Supreme Court has held, in Butler v. Perry, 240 U.S. 328 (1916), that the Thirteenth Amendment does not prohibit "enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc." In Selective Draft Law Cases, 245 U.S. 366 (1918), the Supreme Court ruled that the military draft was not "involuntary servitude".
Militia duty:
“AGE.... In the United States, at twenty-five, a man [citizen] may be elected a representative in congress;
at thirty, a senator; and
at thirty-five, he may be chosen president.
He is liable to serve in the militia from eighteen to forty- five inclusive, unless exempted for some particular reason.”
- - - From Bouvier’s Law dictionary, 1856 ed.
Title 10 USC Sec. 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, CITIZENS of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
“The great draft riot in New York City in July 1863 involved Irish immigrants who had been signed up as citizens to swell the vote of the city's Democratic political machine, not realizing it made them liable for the draft.”
...
[All male CITIZENS, are liable for militia duty - a surrender of one’s right to life and liberty! Citizenship was and is voluntary in the united States of America.]
In short, if you carefully examine the gun restrictions in California, you will find that they are worded so as to be limited in scope to consenting parties.
P.S. - pursuant to the Declaration of Independence, no American government instituted to SECURE ENDOWED RIGHTS can infringe upon them WITHOUT YOUR CONSENT.
Perhaps Californians should politely ask their public servants to explain how and when they waived their endowed rights.
So all the pro-gunners criticized Florida, Broward and Palm Beach County officials for not recognizing Cruz was crazy and a danger to himself and others.
Now that they are correcting this problem, pro-gunners don't like that either.
The 14th does it. Felons have long had their right to own guns taken from them.
You have long taken money from banks by the process of bank robbery. Even though there is a law saying you can't do that. Since you're doing it anyway, does that make it legal?
Similarly, you have long taken the right to own guns through "due process". Even though there is a law saying you can't do that, either. Since you're doing it anyway, does that make it legal?
I find this repetition of the scheme that "the 2nd amendment says the govt can't take people's right to keep and bear arms away... unless the government says they can" to be quite hilarious. It's hard to believe they miss the obvious impossibility of the 2nd saying that. Yet some of the more featherbrained big-govt pushers seem to believe exactly that.
So all the pro-gunners criticized Florida, Broward and Palm Beach County officials for not recognizing Cruz was crazy and a danger to himself and others.
Now that they are correcting this problem, pro-gunners don't like that either.
Too bad.
We have never complained about Due Process, having gone through the courts to declare someone mentally incompetent, What Florida is now doing is illegal search and seizure, direct violation of the 4th amendment, without going through the established process of having someone declared mentally incompetent in the courts first, before seizing any of their property.
You have long taken money from banks by the process of bank robbery. Even though there is a law saying you can't do that. Since you're doing it anyway, does that make it legal?
Similarly, you have long taken the right to own guns through "due process". Even though there is a law saying you can't do that, either. Since you're doing it anyway, does that make it legal?
I find this repetition of the scheme that "the 2nd amendment says the govt can't take people's right to keep and bear arms away... unless the government says they can" to be quite hilarious. It's hard to believe they miss the obvious impossibility of the 2nd saying that. Yet some of the more featherbrained big-govt pushers seem to believe exactly that.
Repeating nonsensical mumbo jumbo is not a rebuttal.
The people of Florida have decided to give up an essential liberty in order to gain a little temporary safety.
A guy who acts weird a lot, but has never committed a crime in Florida, has had his guns taken away by the government, and has been forbidden to buy guns or ammo.
He is pretty clearly a whacko. This is one of the exceptions listed in the 2nd amendment, which reads: "A well regulated militia being necessary for the security of a free state, the right of the people to keep and bear arms shall not be infringed unless the person is clearly a whacko. Only then is it OK for the government to confiscate his guns and forbid him to buy more."
Thank God the people of Florida have found government officials they can trust to never abuse their authority, and who will never (followed by future generation of govt officials too) make an announcement like, "People who voted for Trump are clearly insane, so under Florida's new law we can arrest all Republicans and take away whatever guns they have".
Police seize first firearms under Florida's new gun-control laws
Paula McMahon
Sun Sentinel
A Broward County judge on Friday issued the state’s first order temporarily removing guns from a person under Florida’s new gun-control laws.
Four firearms and 267 rounds of ammunition were ordered removed from a 56-year-old Lighthouse Point man who was determined to be a potential risk to himself or others.
The guns and ammunition have been temporarily removed from the man under the state’s new “risk protection” law, which is also sometimes called “red flag” legislation, Lighthouse Point City Attorney Michael Cirullo confirmed.
The man was also taken to a hospital for involuntary psychiatric treatment under the state’s Baker Act. But the civil ruling removing his access to guns and ammunition was granted under the new legislation — which permits confiscating guns from people who have not been committed but are deemed a potential risk to themselves or others, according to the order signed by Broward’s Chief Judge Jack Tuter.
The man is also prohibited from trying to purchase or obtain guns or ammunition from any source.
The man told officers he “was being targeted and burglarized by the Federal Bureau of Investigation and a neighbor who lives in [his] building,” the judge wrote in his order. “[He] could not describe the neighbor but stated that the neighbor [can] ‘shape shift, he can change heights and I’m not sure where he comes from’ and ‘to be honest, he looks like Osama Bin Laden.’”
He also told officers that he had to turn off the electrical breakers because “they are electrocuting me through my legs.”
Does anyone seriously think this guy should have an arsenal? Sounds like a good law. If this is like the gun violence restraining orders I’ve read about in some states, it actually will work and I am in full agreement. Under those laws, a family member, school principal or doctor can request the court to issue a restraining order and remove the guns from their possession with proof of danger to themselves or others, even without a violent crime conviction. It would be as hard as getting a restraining order, and getting an ex parte protective order (where it is issued before they are even served with notice) would be very difficult. You would have to be able to show proof that the person is a danger, and that isn’t as easy to do as people think. Judges take that very seriously, at least in family law, so I’m sure it’s equally as hard for these things.
It seems to me that the vast majority of people who go on killing spree's do so only after being involved with law enforcement many times in the past. This guy didn't get a choice, did he?
what do you mean by "this guy didn't get a choice"?
what do you mean by "this guy didn't get a choice"?
The man was also taken to a hospital for involuntary psychiatric treatment under the state’s Baker Act.
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