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Dead Constitution
See other Dead Constitution Articles

Title: TWO SUPREME COURT DECISIONS THE ANTI-GUNNERS DON'T WANT YOU TO SEE
Source: [None]
URL Source: [None]
Published: Jan 15, 2013
Author: Carl F. Worden
Post Date: 2015-10-29 20:54:47 by BTP Holdings
Keywords: None
Views: 275
Comments: 14

TWO SUPREME COURT DECISIONS THE ANTI-GUNNERS DON'T WANT YOU TO SEE

Carl F. Worden

January 15, 2013

There are two Supreme Court rulings that directly relate to the current anti-Assault Weapon issue everyone needs to be reminded of.

The first is United States v. Miller 1939. Miller possessed a sawed-off shotgun banned under the National Firearms Act. He argued that he had a right to bear the weapon under the Second Amendment, but the Supreme Court ruled against him.

Why? At the time, sawed-off shotguns were not being used in a military application, and the Supremes ruled that since it didn't, it was not protected. Even though Miller lost that argument, the Miller case set the precedent that protected firearms have a military, and thus a legitimate and protected Militia use.

The military now uses shotguns regularly, but not very short, sawed-off shotguns, but an AR-15/AK-47 type weapon is currently in use by the military, therefore it is a protected weapon for the Unorganized Militia, which includes just about every American citizen now that both age and sex discrimination are illegal. (The original Militia included men of age 17-45)

Therefore any firearm that is applicable to military use is clearly protected under Article II, and that includes all those nasty-looking semi-automatic black rifles, including full 30 round magazines.

The second important case is that of John Bad Elk v. United States from 1900. In that case, an attempt was made to arrest Mr. Bad Elk without probable cause, and Mr. Bad Elk killed a policeman who was attempting the false arrest.

Bad Elk had been found guilty and sentenced to death. However, the Supreme Court ruled that Bad Elk had the right to use any force, including lethal force, to prevent his false arrest, even if the policeman was only trying to arrest him and not kill him.

Basically, the Supremes of the day ruled that as a citizen, you have the right to defend against your civil rights being violated using ANY force necessary to prevent the violation, even if the offending party isn't trying to kill you.

Both of these cases are standing law to this day.

The Miller decision clearly includes AR-15/AK-47 type weapons as having a military application. The Bad Elk decision means that if the government tries to confiscate your AR-15/AK-47, or arrest you for having one, you can kill the offenders on the spot, even if they are not trying to kill you.

I didn't make these decisions; the United States Supreme Court did.

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#1. To: All (#0)

URL for article.

www.apfn.org/apfn/Gun-law.htm

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2015-10-29   20:55:57 ET  Reply   Trace   Private Reply  


#2. To: BTP Holdings (#1)

Great info, thank you!

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2015-10-29   21:14:20 ET  Reply   Trace   Private Reply  


#3. To: BTP Holdings (#0)

In the Miller case: the lower court ruled in favor of Miller, the federal government went to the SC: Miller and his attorney never showed up and the court ruled.

Darkwing  posted on  2015-10-30   8:34:42 ET  Reply   Trace   Private Reply  


#4. To: BTP Holdings (#0)

Does anyone here really give a shit what the jesters at the Supreme Court have to say regarding the right to bear arms ? The faces of tyrants change but our right to defend ourselves from them doesn't.

This isn't grade school. We are adults and in most instances have more common sense and common decency than the miscreants operating a lifetime tenure in D.C. wherein they have supported slavery and abortion among many other abominations.

My vote = Fuck em !

"Honest, April 15th is the real April Fool's Day".

"The almighty Dollar ain't worth a buck".

Doug Scheidt

noone222  posted on  2015-10-30   8:42:34 ET  Reply   Trace   Private Reply  


#5. To: Darkwing, BTP Holdings (#3) (Edited)

In the Miller case: the lower court ruled in favor of Miller, the federal government went to the SC: Miller and his attorney never showed up and the court ruled.

Miller was actually evading arrest for yet another criminal charge, and his lawyer could not represent an absentee appellant. (Had Miller showed up he could have demonstrated that short barreled shotguns were extremely useful in the trenches during World War 1. Their usefulness as military arms was not in dispute, only unknown to stateside judges. Examples of the shotguns are found in military museums today.

And, don't forget when Clinton dressed in marsh camo and pretended to hunt ducks in the Chesapeake Bay. He was imitating a sportsman while pushing the big gun grab.

First, at least one Jewish newspaper in NYC reassured their readers that "Clinton didn't really shoot any ducks". (wink wink. It was hard to do with secret service helicopters, swift boats and radios keeping the birds away)

And, second, as Clinton stood at a podium in the marsh looking real butch in his expensive camo he preened for the news cameras, and then pontificated that so called "assault weapons have no sporting purpose" and should be banned, with a rehearsed look of disdain on his face. His people knew that this directly contradicted the logic of the 1939 Miller decision, but they were relying on the ignorance of the American people, which is always safe ground. (The only rights we have are those we can actively assert in the face of such official hostility and deceit.)

And, all the feds have to do is outlaw hunting and there would be no "sporting purpose" for the remaining firearms they aren't targeting at present. The fact that hundreds of thousands of Americans target shoot and compete with military look alikes every weekend doesn't qualify as a "sporting purpose", according to the antis. (Which implies that trap and skeet shooting could be dismissed just as easily when banning all shotguns)

Any shooting sport could be sacrificed n the name of "public safety" and top down rule. And then Americans would no more consider revolution a right than the British.

If you believe that a ban on sport hunting is unlikely consider this: When the federal Lacey ACT passed in 1900 it ended the commercial harvest of wild game, much of which was served in restaurants in NEW YORK and London. But because of the depletion of deer in Delaware before 1900 there were no hunting seasons here for 57 years! That's right, from 1900 to 1957 no hunting licenses were issued here until the deer had recovered in huntable numbers.

Market hunters had dug tiger pits for deer to fall into just as waterfowlers had used powerful punt guns (cannons) loaded with rocks, glass, scrap metal and lead to wipe out flocks of birds rafted up on the water at night.

If the feds control the stats (and they can) then they can claim that falling animal populations due to lead poisoning, diseases and disappearing and fragmented habitat as well as the ability to buy store bought foods has rendered hunting a cruel and unnecessary relic from the past, and end it forever. (With the possible exception of shooting pen raised quail, still popular with drunken Republicans)

"All public employees should be demoted to their immediately lower level, as they have been promoted until turning incompetent".__"José Ortega y Gasset

HOUNDDAWG  posted on  2015-10-30   11:16:47 ET  Reply   Trace   Private Reply  


#6. To: HOUNDDAWG (#5)

Excellent - thank you.

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2015-10-30   11:46:04 ET  Reply   Trace   Private Reply  


#7. To: Lod (#6)

Thank you my friend.

"All public employees should be demoted to their immediately lower level, as they have been promoted until turning incompetent".__"José Ortega y Gasset

HOUNDDAWG  posted on  2015-10-30   13:00:28 ET  Reply   Trace   Private Reply  


#8. To: HOUNDDAWG (#5)

short barreled shotguns were extremely useful

We sawed off the SG in Chicago long ago. I think we sold it to some friendly Puerto Ricans. It's so long ago and my memory is a bit fuzzy because of the meningitis. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2015-10-30   19:43:07 ET  Reply   Trace   Private Reply  


#9. To: HOUNDDAWG (#5)

ban on sport hunting

I've been in Wyoming, and you can look out on the range and see the antelope roaming around. It really is as the song says. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2015-10-30   19:46:39 ET  Reply   Trace   Private Reply  


#10. To: HOUNDDAWG (#7)

I hope that your body is healing, and that your spirit remains strong and resolute.

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2015-10-30   19:48:58 ET  Reply   Trace   Private Reply  


#11. To: BTP Holdings (#1)

Wow, it looks like APFN is still going in some form! Started as American Patriot Fax Network way back before the internet.

NeoconsNailed  posted on  2015-10-30   21:53:40 ET  Reply   Trace   Private Reply  


#12. To: BTP Holdings (#8)

We sawed off the SG in Chicago long ago.

Been there (in 78-computerfest at a Chicago hotel conference room-the electronic gaming noises almost made me crazy) and done that. (in Florida-in 79-Mossberg 20 ga with a cracked stock. It was a delight when I finished but may not have measured up to the legally required 18" barrel and 26" overall length) I sold it to a nig....er, I don't remember what became of it.

HOUNDDAWG  posted on  2015-11-02   4:08:55 ET  Reply   Trace   Private Reply  


#13. To: BTP Holdings (#9)

I've been in Wyoming, and you can look out on the range and see the antelope roaming around. It really is as the song says. ;)

Their excellent eye sight requires long range accuracy/flat trajectory that the .270 Winchester is famous for. And one had best be shooting from a solid rest with mild wind conditions, preferably with the Sun in the pronghorn's eyes.

HOUNDDAWG  posted on  2015-11-02   4:14:18 ET  Reply   Trace   Private Reply  


#14. To: Lod (#10)

I hope that your body is healing, and that your spirit remains strong and resolute.

Thank you my friend.

There are challenges on the horizon, and I'll have to wait to see what traps they're laying for me to keep me from getting the meds I require. I may find that after the next open enrollment that the govt and their corporate cronies have openly announced their intention to eliminate worthless eaters who selfishly survive with no consideration for the stockholders.

HOUNDDAWG  posted on  2015-11-02   4:20:11 ET  Reply   Trace   Private Reply  


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