These measures could be successfully challenged in federal court soon
As the Democrat Party moves further to the Left — that is, as it is steadily taken over by the Marxist Left — the attack on traditional American values, federalism, and the very foundation of our constitutional republic is being increasingly assaulted.
The latest evidence that today’s Democratic Party isn’t the party of your grandfather comes from Oregon, where Leftist extremists who dominate the state’s levers of power are moving to essentially render the Second Amendment null and void — unless, of course, you happen to own a musket.
As reported by Ammoland, Left-wing gun control zealots have filed a ballot measure with the secretary of state’s office that, if passed, would ban modern firearms and ammunition feeding devices — that is, normal gun magazines — while simultaneously making thousands upon thousands of residents criminals overnight.
Gun controllers have re-introduced IP 43, which was prevented from being placed on the ballot in 2018 by gun rights groups. “This new assault on self-defense, property, and common sense is currently IP 16,” Ammoland noted, the details of which are available here.
Called “The Common Sense Gun Regulation Act,” it notes:
The people of the State of Oregon find and declare that a reduction in the availability of assault weapons and large capacity ammunition magazines will promote the public health and safety of Oregon residents.
The measure defines “assault weapon” as any “semiautomatic rifle that has the capacity to accept a detachable magazine” and comes with at least one of the following characteristics: A pistol grip which includes a thumbhole stock; an additional “protruding” grip held by the non-trigger hand; a folding or telescopic stock; a barrel shroud “allowing the bearer to hold the firearm with the non-trigger hand without being burned” but excluding a slide (like you’d find on a pump shotgun); a forward pistol grip; a flash suppressor, muzzle brake, or threaded barrel where one could be attached; a bayonet mount; or a grenade or flare launcher. (Related: Wave of “red flag laws” are coming that will deprive all Americans of their firearms because owning one is deemed “crazy” by left-wing bureaucrats.)
Also, semiautomatic pistols and rifles that can accept a “fixed magazine” with 10 or more rounds, a semiautomatic rifle of fewer than 30 inches in length, and semi-auto handguns with features similar to “assault rifles” are also going to be banned under the measure.
“As you may know, the Democrats in the Oregon legislature have numerous bills to essentially achieve the same end. The most extreme is SB 501, but there are others that are just as dangerous,” Ammoland reports. “Governor Brown’s HB 2251 defines ‘assault weapons’ as any long gun you can hold with two hands. There are several bills that would require that your guns be locked up and useless. Except, of course, to a thief who could easily defeat the cable locks required. Those locks can get you killed but do nothing to stop a theft.”
In addition, the proposed “lock up” bills would hold the owner responsible if a thief were to gain access to the weapon and defeat the lock with a “device” — like, say, a heavy-duty wire cutter.
The Oregon Firearms Federation, among other gun rights groups, has vowed to fight the various measures. But as the state’s politics continue to shift overwhelmingly to the Left, gun rights advocates are fighting a losing battle. At some point, the Left will own Oregon completely like it does California and Washington.
There is hope, however, that these measures can be successfully challenged in federal court. POTUS Trump is continuing to nominate constitutionalists to the historically liberal 9th Circuit Court, which covers Alaska, Hawaii, and the West Coast states. Also, the U.S. Supreme Court appears willing to begin hearing Second Amendment cases again.
Read more about how gun rights remain under assault by the Left at Guns.news.
Sources include:
The Supreme Court of the United States has ruled that “Where rights (liberty) secured by the Constitution are involved, there can be no legislation which would abrogate (abolish) them.” (Miranda v Arizona) What’s that mean? Well, it means that in order to lawfully effect a Right/Liberty protected by our Constitution (nullify it, limit it, license it or restrict it) the powers that be (state or federal) are required to comply with the Constitution’s Article V Amendment process before they expediently make an end-run around our Constitution to take away (or “infringe” upon) your Right of self defense protected by the Second Amendment.
A few elected bozos and the stroke of an executive’s pen doesn’t cut it my friends. Telling you they have the “authority” to by-pass the Constitution by passing some goofy law because ‘they’ voted on it is what’s known as acting under “the color of law.” The color of law is defined as the actions of an ‘official’, be it law enforcement or legislative, purported to be in the conduct of their official duties when, in fact, they have no lawful authority to actually ‘act’ or conduct themselves. An example might be law enforcement making arrests of peaceful protestors or phony traffic arrests in order to raise revenue. Another example would be a legislature passing laws effecting areas where they have no lawful authority to legislate.
“Shall not be infringed” means that if they want to “infringe” and expand the government’s authority to nullify, limit, license or restrict that doesn’t exist, they must go through the Article V Amendment process in order to ‘acquire’ the lawful authority to legislate limits, licenses or to nullify your Rights. If they have no authority to pass such a law or ordinance (haven’t complied with the the lawful Amendment process) then the aforementioned Supreme Court stated in Shuttlesworth v. City of Birmingham Alabama that the individuals should “engage in the right (liberty) with impunity.” Without said lawful Amendment the Supreme Court’s Marbury vs Madison comes into play: “All laws which are repugnant to the Constitution are null and void.”
If the Supreme Court’s declarations mean nothing, Hamilton made clear in Federalist 78 that “No legislative act, therefore, contrary to the Constitution, can be valid.” Jefferson said much the same thing in 1798 when he said “Whenever the general government assumes undelegated powers, its acts are unauthoritative, void and of no force.” The Supremacy Clause (Article 6 clause 2) codifies this very principle; that any law made by Congress that is not made in pursuance to the Constitution, is no law at all.
You can certainly choose to allow a government, acting unlawfully, to strip you of your Rights like they were a cheap prom dress or you can/should become a bit more literate. If politicians, judges and law enforcement don’t care to comply with our Constitution (the ‘highest’ law of the land) which they’ve sworn an Oath to, then the People shouldn’t worry about complying with their ‘gun laws’.
Is the problem Rick that there is no penalty for those who abuse their position and pass laws that abridge our rights? Won’t the laws, even if unconstitutional, will be enforced and it will be up the the (corrupt?) courts to decide? Can’t anyone who is accused and goes to court be bankrupted by a system that uses taxpayer money to convict taxpayers who don’t lick the boots of power?
Should elected officials who violate our rights be fined and jailed?
you will get civil war…..it is time to slap these demo-rats out of existence….and anyone that supports these demo-rats…..period
It is not “GUN” violence it is MSM-PROFITEER violence. It is the MSM CULTURE of Violence.
It is the deliberate destruction of the CULTURE that is at fault. Now who has been corroding Christian values for decades? Who has been PROFITING off glorifying violence? Who has been “teaching” that you can commit murder with NO Consequences?
CULTURAL VIOLENCE
Who has polluted the American “Mayberry” culture with “THUG GANGSTA” songs, games, movies, that glorify violence and promote violence with NO consequences, as the ONLY way to deal with problems?! Yes, WHO ?
It is the CULTURE, STUPID ….. What has been done to Our culture by Media interested in PROFIT and “SOCIAL ENGINEERING” (just WHAT are they “engineering”?) NOT in creating a solid prosperous SOCIETY. WHO indeed?
They are not actually working for “School Safety”. If they were there would be a serious study about why these shooting have just happened in the last decades …. What happened to the Culture. What about the SSRI mind altering drugs. No ALL they care about is taking guns.
MEDIA-ASSAULT-THOUGHTS. “Have you noticed how everything always starts with words?” There is no action that is not preceded by the thought and idea of the action, and MSM has immersed America in violent anti-social thoughts. and been publicly proud and boastful of their ANTI-heroes. The immersion of a society in the thoughts and ideas of senseless violence unaccompanied by consequences. The flooding of Media venues such as music, movies, video games, TV, with thoughts and ideas designed to induce violent behavior. If purveying ideas through the media does not work ….. why are $BILLIONS spent every year on advertising and political propaganda if spreading “thoughts” does not matter?!?! Hillary is spending $HUNDREDS of MILLION$ on ADVERTIZING to try to INFLUENCE ACTIONS.
MOBs cannot take away natural rights affirmed by the US Constitution, neither them nor the politicians who work for foreign interests…All these initiatives are illegal and need to be ignored…
The initiators of these fake laws shall be questioned and tried…
They made me a criminal…..
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These measures could be successfully challenged in federal court soon
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