Gun Owners Fooled By Mammoth Supreme Court Hoax

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Gun Owners Fooled By Mammoth Supreme Court Hoax

Post#1 » Thu Mar 20, 2008 1:00 pm

Gun Owners Fooled By Mammoth Supreme Court Hoax

Paul Joseph Watson & Steve Watson
Prison Planet
Thursday, March 20, 2008

Comments made by justices in an ongoing landmark case have been heralded as
a "victory" for the individual right to bear arms by the media and embraced
by self-proclaimed conservatives, but in reality gun owners are the victim,
of a mammoth hoax and the second amendment is being destroyed.

As Gun Owners of America point out today in a USA Today op-ed, the second
amendment is the very bedrock of America and shouldn’t even be the subject
of a Supreme Court debate.

“Individual Right to Bear Arms Wins Favor in Court Argument”, the headline
from the New York Law Journal, was typical of the media output after most of
the nine Supreme Court justices hinted that the right to bear arms is a
"general right."

However, the case is likely to conclude with the introduction of several new
regulations on hand gun ownership at the very least, and, if the government
gets its way, a total ban on handguns.

The outcome will set the precedent for gun laws nationwide.

The NY Law Journal writes:

Justice Kennedy’s comments appeared to spell trouble for efforts by the
District of Columbia to revive its strict handgun ban, although lawyers for
both the Bush administration and gun-rights advocates acknowledged that some
lesser regulation of the right would be acceptable.

Counting Justice Kennedy, it appeared that five or more justices were
ready to recognize some form of an individual right to keep and bear arms
that is only loosely tethered, if at all, to the functioning of militias.
What kind of regulation of that individual right, will be allowed by those
justices is uncertain.

When the arguments were over, gun-control advocates seemed less
pessimistic than before the session began, though they did not predict

Joshua Horwitz, director of the Education Fund to Stop Gun Violence, who
filed a brief in the case and watched the arguments, conceded he cannot
count five votes for a strictly militia-rights view of the Second Amendment
that would allow for almost unlimited regulation of firearms. But he could
conceive of five justices adopting an individual-rights view that will mean,
"a lot of regulations will be OK. The outcome is not necessarily poor for

In a USA Today op-ed piece, Herbert W. Titus and William J. Olson, attorneys
for Gun Owners of America, outline how the second amendment was intended to
apply to individuals and that it’s pre-eminent reason was for the purposes
of defense against a tyrannical state or invading army.

Knowing that words and parchment barriers alone would prove inadequate
to restrain those elected as servants from becoming tyrants, they added the
Second Amendment to secure "the right of the people to keep and bear Arms" —
not to protect deer hunters and skeet shooters, but to guarantee to
themselves and their posterity the blessings of "a free State."

Entrusting the nation’s sovereignty to the people, the amendment breaks
the government’s military monopoly, guaranteeing to the people such firearms
as would be necessary to defend against the sort of government abuse of
their inalienable rights the British had committed.

Thus, the amendment’s "well regulated Militia" encompasses all citizens
who constitute the polity of the nation with the right to form their own
government. The amendment’s "keep and bear Arms" secures the right to
possess firearms such as fully-automatic rifles, which are both the "lineal
descendant(s) of … founding-era weapon(s)" (applying a 2007 court of appeals
’ test), and "ordinary military equipment" (applying a 1939 Supreme Court

The case, DC v. Heller, stems from proceedings filed by lawyers for security
guard Mr. Dick Anthony Heller, which state that the District’s categorical
restrictions are so broad that they cannot comply with the Second Amendment’
s protection of the right to bear arms.

An amicus curiae brief filed by U.S. Solicitor General Paul D. Clement, on
behalf of the Bush administration and the government, says that federal gun
control measures should not be limited and proposes that a court may
determine that a full scale ban on almost all self-defense firearms may be
upheld as constitutional if it constitutes a “reasonable” restriction of
constitutional rights.

Lawyer Alan Gura, opposing the law and representing Mr. Heller said "We have
here a ban on all guns for all people in all homes at all times in the
nation’s capital."

Advocates of the ban and the representatives of the District of Columbia
have attempted to argue that the history and context of the second amendment
applies to the rights of militias and not to individuals.

However, there are thousands of quotes from the founding fathers that pour
water on this weak argument. The founders said over and over that when a
government seeks to take away individual weapons it constitutes tyranny and
that government must be removed.

Here are a few choice quotes:

“A strong body makes the mind strong. As to the species of exercises, I
advise the gun. While this gives moderate exercise to the body, it gives
boldness, enterprise and independence to the mind. Games played with the
ball, and others of that nature, are too violent for the body and stamp no
character on the mind. Let your gun therefore be your constant companion of
your walks.”
— Thomas Jefferson to Peter Carr, 1785. The Writings of Thomas
Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.

“We established however some, although not all its [self-government]
important principles. The constitutions of most of our States assert, that
all power is inherent in the people; that they may exercise it by
themselves, in all cases to which they think themselves competent, (as in
electing their functionaries executive and legislative, and deciding by a
jury of themselves, in all judiciary cases in which any fact is involved,)
or they may act by representatives, freely and equally chosen; that it is
their right and duty to be at all times armed;”
—Thomas Jefferson to John Cartwright, 1824. Memorial Edition 16:45,
Lipscomb and Bergh, editors.

“No freeman shall ever be debarred the use of arms.”
—Thomas Jefferson: Draft Virginia Constitution, 1776.

“[The Constitution preserves] the advantage of being armed which
Americans possess over the people of almost every other nation…(where) the
governments are afraid to trust the people with arms.”
—James Madison, The Federalist Papers, No. 46.

“To suppose arms in the hands of citizens, to be used at individual
discretion, except in private self-defense, or by partial orders of towns,
countries or districts of a state, is to demolish every constitution, and
lay the laws prostrate, so that liberty can be enjoyed by no man; it is a
dissolution of the government. The fundamental law of the militia is, that
it be created, directed and commanded by the laws, and ever for the support
of the laws.”
—John Adams, A Defense of the Constitutions of the United States 475

Furthermore, even if you argue that the second amendment applies to
militias, the very definition of the militia, according to the founders and
their contemporaries, is THE PEOPLE:

“Who are the militia? Are they not ourselves? Is it feared, then, that
we shall turn our arms each man against his own bosom. Congress, have no
power to disarm the militia. Their swords, and every other terrible
implement of the soldier [this includes machine guns], are the birthright of
an American…[T]he unlimited power of the sword is not in the hands of either
the federal or state governments, but, where I trust in God it will ever
remain, in the hands of the people.”
—Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

“Before a standing army can rule, the people must be disarmed; as they
are in almost every kingdom in Europe. The supreme power in America cannot
enforce unjust laws by the sword; because the whole body of the people are
armed, and constitute a force superior to any band of regular troops that
can be, on any pretence, raised in the United States. A military force, at
the command of Congress, can execute no laws, but such as the people
perceive to be just and constitutional; for they will possess the power, and
jealousy will instantly inspire the inclination, to resist the execution of
a law which appears to them unjust and oppressive.”
—Noah Webster, An Examination of the Leading Principles of the Federal
Constitution (Philadelphia 1787).

Last month a majority of the Senate and more than half of the members of the
House issued a brief in which they urged the Supreme Court to uphold it’s
previous ruling that the District’s handgun ban violates the second

The brief asked the Supreme Court to uphold the lower courts decision and
allow the precedent of applying a stricter standard of review for gun
control cases to stand.

In a separate letter, other representatives, including Congressman Ron Paul,
called for the Clement/Bush administration brief to be withdrawn as it sets
a precedent for further erosion of individuals’ Second Amendment rights to
keep and bear arms.

Citing Constitutional concerns the letter stated:

“If the Supreme Court finds that the D.C. gun ban is a “reasonable”
limitation of Second Amendment rights, the Court could create a dangerous
precedent for the nation in the future. Such a decision could open the door
to further regulation on American citizens’ Second Amendment rights on a
large scale.”

Essentially the government is saying, "You have the right to bear arms,
unless we say so."

“Where there is individual ownership of weapons there is liberty, where
there is not there is tyranny because powerful organizations and governments
will have a monopoly on it.” The latest developments in this case are not a
"victory" for the Second Amendment; on the contrary, they constitute its
very undoing.

“I am willing to die protecting my rights. Are you [the government] willing
to die trying to take them?”
---Unknown Patriot.

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