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Title: No right to bear unlicensed machine guns, federal court says
Source:
The CSM
URL Source: http://www.csmonitor.com/layout/set/print/content/view/print/271420
Published: Dec 30, 2009
Author: Warren Richey
Post Date: 2009-12-31 17:57:53 by X-15
Keywords: None
Views: 452
Comments: 41
Tennessee State Guard commander Richard Hamblen said it's his Second Amendment right as part of a militia to convert assault rifles into fully automatic weapons. The Sixth US Circuit Court of Appeals disagreed. A former commander in the Tennessee State Guard has lost an appeal to overturn his conviction for trying to provide his soldiers with homemade machine guns for possible use in defending the state. On Wednesday, a federal appeals court in Cincinnati threw the case out of court. “Whatever the individual right to keep and bear arms might entail, it does not authorize an unlicensed individual to possess unregistered machine guns for personal use,” said the three-judge panel of the Sixth US Circuit Court of Appeals. Richard Hamblen was arrested in 2004 by federal firearms agents and charged with possession of nine unregistered machine guns. Second Amendment argued At trial and in his appeal, Mr. Hamblen argued that he and his soldiers had a Second Amendment right as members of the state militia to possess military-grade weapons. He said Tennessee’s state guard arsenal included only 21 M-16 rifles for 3,500 volunteer soldiers. Concerned that his unit, the 201st Military Police Battalion, might get called into active duty, Hamblen obtained gun conversion kits to make semi-automatic rifles into fully automatic rifles. At least one machine gun was used in a training exercise. Confronted by federal agents, Hamblen told the truth. He showed the unregistered machine guns to the authorities and informed them that he was merely exercising his Second Amendment right to keep and bear arms. “I wasn’t really consciously setting out to challenge the law and authority, but I figured I’d be on good constitutional footing,” he said in an interview. “It seemed like a good idea at the time – would I do it again? No.” Hamblen, who runs a mirror and glass business in Memphis, was convicted and served 13 months in prison. He says he’s spent roughly $50,000 on legal fees. Hamblen had asked the Sixth Circuit judges to endorse his view that all gun control laws are unconstitutional. “If a person can afford to buy it, they can have it,” he says. Supreme Court has said gun rights may be limited It is a position that runs counter to the majority view in the US Supreme Court’s 2008 gun rights ruling in District of Columbia v. Heller. In that case, the court struck down a ban on handguns in Washington, D.C., and declared that the Second Amendment protects an individual right to keep and bear arms. But the high court went on to suggest that individual gun rights are not unlimited and could be subject to reasonable regulations. Both the Eighth Circuit in St. Louis and the Ninth Circuit in San Francisco have held that individuals do not enjoy a Second Amendment right to possess unregistered machine guns. Hamblen is not impressed by these rulings. “If the founders had intended for there to be reasonable restrictions on the Second Amendment they would have put that in the language [of the amendment],” he said. “They were certainly capable of writing ‘unreasonable’ into the Fourth Amendment when it talks about unreasonable searches and seizures.” Hamblen says he’s not surprised that he lost at the appeals court. But he says he is surprised that he’s received no help from gun-rights advocates. “They are treating me like I’m a skunk at the picnic,” he said. As for his case, he plans to fight on. He says his lawyer is preparing a final appeal, a petition to the US Supreme Court. “Why stop now? I’ve already done the hard part. I’ve already done my time,” Hamblen says. “All they can do is say no.”
Poster Comment: Don't listen to the judges, they're a bunch of damn liars.
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#1. To: X-15 (#0)
Judges are excellent candidates for a hemp party.
The Jews don't like guns in the hands of their slaves.
God is always good!
Logic dictates that a court that can twist the Constitution in this manner will eventually twist it to say, "“Whatever the individual right to keep and bear arms might entail, it does not authorize an unlicensed individual to possess unregistered firearms for personal use" It;s only a matter of time. The federal courts once again demonstrates how arbitrary our Constitutional rights are. We are all just one Constitutional ruling away from having no right at all.
"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976 The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat
I always wonder about what part of "shall not be infringed" that they can't get through their thick skulls.
the constitution does not allow government to put stipulations on the right to keep (own) and bear (carry on one's person) arms.
It does seem simple enough but then we are talking about folks who find penumbras and (possibly) unicorns in the Constitution, so who knows?
Liberty is not a means to a higher political end. It is itself the highest political end. That's because gun rights activists are really actually duck hunting advocates concerned about being able to keep their shotguns. If they have to sacrifice a few machine gun and semi auto owners in the process, so be it.
Obama's health care plan shall be written by a committee whose head says he doesn't understand it, passed by a Congress that hasn't read it, signed by a president who smokes and has no birth certificate, funded by a treasury chief who did not pay his taxes, overseen by a surgeon general who is overweight and financed by a country that is nearly broke. What could possibly go wrong? - buckeroo As usual, the NRA is nowhere in sight on this one, they're allergic to full- auto's.
_________________________________________________________________________ I bitched out my state rep for voting for CT's assault weapon ban some years ago. He told me that the only reason he did it was that the bill was endorsed by the NRA and several CT 2A groups. That's when I dropped all of my memberships.
Obama's health care plan shall be written by a committee whose head says he doesn't understand it, passed by a Congress that hasn't read it, signed by a president who smokes and has no birth certificate, funded by a treasury chief who did not pay his taxes, overseen by a surgeon general who is overweight and financed by a country that is nearly broke. What could possibly go wrong? - buckeroo You have denied yourself future leadership in the publick domain.
“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”
really...
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject.
“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”
My love is like a ramblin' rose, mang :)
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. Why, of course it "allows" the gummint to do those things. They're doing them, aren't they? This "constitution" idea ... well, it has its quaint charm. But ultimately, trying to restrain lawless gummint with a constitution is just as foolish as thinking you're going to stop ordinary criminals with "gun control" laws. That's what a constitution is: an exercise in "law control." And just as gun-control laws affect only law-abiding folk, constitutions affect only constitution-abiding legislators. Seen any of those around lately? No, the only real restraint on gummints is people who say "live free or die" ... and mean it.
- - - - - - - - - - -
“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. That's when I dropped all of my memberships. I saw the NRA for what they were when they endorsed the CARA land grab bill.
"The only thing better than a Federal Reserve audit would be a Federal Reserve autopsy." ~ unknown
“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”
Buckeroo, Are you ready? :)
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. I'd rather Ramble On Rose
Obama's health care plan shall be written by a committee whose head says he doesn't understand it, passed by a Congress that hasn't read it, signed by a president who smokes and has no birth certificate, funded by a treasury chief who did not pay his taxes, overseen by a surgeon general who is overweight and financed by a country that is nearly broke. What could possibly go wrong? - buckeroo
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. Yes, and you actually believe in GlowBull Warming.
Obama's health care plan shall be written by a committee whose head says he doesn't understand it, passed by a Congress that hasn't read it, signed by a president who smokes and has no birth certificate, funded by a treasury chief who did not pay his taxes, overseen by a surgeon general who is overweight and financed by a country that is nearly broke. What could possibly go wrong? - buckeroo
Obama's health care plan shall be written by a committee whose head says he doesn't understand it, passed by a Congress that hasn't read it, signed by a president who smokes and has no birth certificate, funded by a treasury chief who did not pay his taxes, overseen by a surgeon general who is overweight and financed by a country that is nearly broke. What could possibly go wrong? - buckeroo or something...
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. A very good point.
My new tagline. :)
All the more reason to be both flagrant and flippant if you ask me :)
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. A very good point if one excludes the "Tree of Liberty" that we ALL KNOW must be WATERED every so often to preserve the Republic - in light of the 'weakest of men that attain power over others'...feh
bump
WATERED? It's time for you "conservatives" to do your part, I'm getting tired of getting beat up and arrested, eh?
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. Now there's a kick-ass tagline!
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. Refreshed is the correct term, I believe, with the blood of tyrants and patriots.
Right on, blood of tyrants bump. :)
In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report. Critics acknowledge that extremism in the Army is a touchy political subject. You missed that Dak ? You know damned good and well that 'refreshed' refers to a 'refreshing with blood to The Tree' which alludes to 'watering' The Tree... Or no...
i1.ytimg.com Some idiot posting here has let their flash player activate their web cam and microphone.
I see that it was Dakmar. Hey Dak, I thought that you were smarter than that. Oh well.
Thanks! I'm honored. Credit to where it's due, though ... the famous New Hampshire license tag.
- - - - - - - - - - - Or perhaps Dak is "one of those people." Really Dak, do you "come off" as a wacko in order to get info? Why whould you leave open your flash video? You had to do this deliberately because it isn't open on installation. What's up with that, Dak?
No. The watering of the Tree of Liberty doesn't involve the Constitution. Once you reach that point, what the Constitution says or was meant to say doesn't matter anymore. Enderby mentioned the Constitution as an exercise in "law control". Here in Ecuador, as I've slowly learned spanish (via the osmosis method), I've learned that sometimes English has 2 words where Spanish has only one ("finger" and "toe" both xlate to the same spanish word) and sometimes the reverse is true ("good" translates to 2 different Spanish words, depending on whether it's an action or an object). There are laws of physics, the law of gravity and the law of nature, none of which can be violated. By comparison, the laws of congress or any other governmental body are not laws at all. They are fleeting, never equally applied, either from person to person or across time as we know. We shouldn't even call them "laws" if it casts them in the same light as natural laws. That gives them far more credit and weight then they are owed. So there's my share of New Year's eve philosophical musings. Happy new year/decade.
So when they say I hurt my toe no one knows if they hurt their finger or their toe? I would think there would be a distinction between the two. Maybe you don't know those words yet. Happy new year to you too!
God is always good!
There's a ton of words I don't know! I've been here about 4 years now, and I can speak spanish about as well as a 4-year old. But I figure that's par! But the spanish word is "dedo". By default it means "finger", but if you refer to your toe, the direct word to word translation from spanish is "finger of the foot". I imagine every language pair is filled with 2:1 and 1:2 word translation inconsistancies. Happy new year.
#2. To: X-15 (#0)
#3. To: X-15 (#0)
“Whatever the individual right to keep and bear arms might entail, it does not authorize an unlicensed individual to possess unregistered machine guns for personal use"
#4. To: X-15 (#0)
Mike Flaherty: Yeah, it's been there a long time. I wish I knew which corner.
My Man Godfrey (1936)
#5. To: X-15 (#0)
The best gun to have, is the gun you have, when you need a gun.
#6. To: Esso (#4)
I always wonder about what part of "shall not be infringed" that they can't get through their thick skulls.
Lord Acton
#7. To: X-15 (#0)
But he says he is surprised that he’s received no help from gun-rights advocates. “They are treating me like I’m a skunk at the picnic,” he said.
Let me get this straight.
#8. To: Critter (#7)
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?”
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#9. To: X-15 (#8)
Let me get this straight.
#10. To: Critter (#9)
That's when I dropped all of my memberships.
#11. To: buckeroo (#10)
was the last clean shirt on my poor brother bill...
#12. To: Dakmar (#11)
#13. To: buckeroo (#12)
(Edited)
#14. To: IRTorqued (#5)
the constitution does not allow government to put stipulations on the right to keep (own) and bear (carry on one's person) arms.
Every decent man is ashamed of the government he lives under. -- H. L. Mencken
#15. To: Dakmar (#13)
#16. To: buckeroo (#15)
blap-a-dap-a-doodle-bump
#17. To: Critter, X-15, buckeroo (#9)
He told me that the only reason he did it was that the bill was endorsed by the NRA and several CT 2A groups.
#18. To: Dakmar (#16)
#19. To: buckeroo (#18)
#20. To: Dakmar (#13)
Let me get this straight.
#21. To: Critter (#20)
It's all part of a rich tapestry, right?
#22. To: buckeroo (#10)
You have denied yourself future leadership in the publick domain.
Let me get this straight.
#23. To: Dakmar (#21)
It's all part of a rich tapestry, right?
Let me get this straight.
#24. To: Critter (#23)
#25. To: Enderby (#14)
This "constitution" idea ... well, it has its quaint charm. But ultimately, trying to restrain lawless gummint with a constitution is just as foolish as thinking you're going to stop ordinary criminals with "gun control" laws. That's what a constitution is: an exercise in "law control." And just as gun-control laws affect only law-abiding folk, constitutions affect only constitution-abiding legislators. Seen any of those around lately?
#26. To: Enderby (#14)
No, the only real restraint on gummints is people who say "live free or die" ... and mean it.
The only real restraint on gummints is people who say "live free or die" ... and mean it. - Enderby
#27. To: Pinguinite, Enderby (#25)
#28. To: Pinguinite, Enderby (#25)
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams 
#29. To: Critter, Enderby (#26)
Live Free or Die
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams
#30. To: Rotara (#28)
#31. To: Critter, Enderby (#26)
The only real restraint on gummints is people who say "live free or die" ... and mean it. - Enderby
#32. To: Dakmar (#30)
WATERED?
The only real restraint on gummints is people who say "live free or die" ... and mean it. - Enderby
#33. To: Critter (#32)
#34. To: Critter, Dakmar (#32)
"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams
#35. To: X-15 (#0)
#36. To: All (#35)
#37. To: Critter (#26)
My new tagline. :)
Every decent man is ashamed of the government he lives under. -- H. L. Mencken
#38. To: All (#36)
#39. To: Rotara, Enderby (#28)
A very good point if one excludes the "Tree of Liberty" that we ALL KNOW must be WATERED every so often to preserve the Republic
#40. To: Pinguinite (#39)
(Edited)
("finger" and "toe" both xlate to the same spanish word)
#41. To: RickyJ (#40)
Maybe you don't know those words yet.
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