Attorneys for various municipalities around Washington State have issued legal opinions that RCW 9.41.290 “only applies to the regulation of firearms themselves” and “excludes regulations that only secondarily affect firearms… that do not embody a punitive regulation”. The Washington State Attorney General’s Office issued a legal opinion last week that thoroughly rebuts such opinions based on Cherry v Metro and another case that dealt with certain narrow issues applied to a venue for a gun show leased from the City of Sequim, washington. Read more
The United States Supreme Court (SCOTUS) may have decided the most important Second Amendment case in history on June 28, 2010. A previous landmark 2008 gun case, DC vs. HELLER, held that the Second Amendment guarantees a personal right of self-defense. Yes, the U.S. Constitution actually means what the Founding Fathers thought they meant when they drafted it! The Bill of Rights only began to be applied to the states by means of the 14th Amendment, enacted after the Civil War to protect newly freed citizens from the tyranny of Southern regimes that deployed de jure force of law and de facto intimidation to perpetuate slavery.
In MCDONALD VS. CHICAGO, the Court acknowledged that the 14th Amendment aims at prohibiting firearms restrictions enacted against Blacks and enforced by armed white mobs often via the noose-end of a rope! Otis McDonald, the 76 year-old African-American Plaintiff in the case, is a neighborhood activist targeted who boldly he stood up to thugs that lay claim to the streets of Chicago. Read more
The U.S. Supreme Court affirmed DC v Heller in a five to four landmark decision last year. Justice Scalia firmly placed the Court’s decision, which knocks down Washington DC’s ban on firearms within the bedrock of the Founding Fathers’ original intentions; i.e., the decision sets forth a principle scorned by tyrants over the centuries. It is in the people that the power of governmental force resides. The government’s use of deadly force ultimately derives from an individual’s duty to protect herself or himself, one’s family and neighbors.
The fact that the discussion of self-defense is usually framed in terms of rights is, perhaps, unfortunate in that Americans can easily become exhausted by the perpetual yapping about “rights“. We have welfare rights, immigration rights, First Amendment right to purvey obscenity. The “right” to keep and bear arms is first of all a duty. Many states, especially in the Eastern U.S., still have laws on the books requiring men of certain ages to have a military weapon and suitable ammunition in specific quantities in order to be ready to perform militia service: Read more
Suzerain- Main Entry: su·zer·ain
Pronunciation: ˈsü-zə-rən, -ˌrân; ˈsüz-rən
1 : a superior feudal lord to whom fealty is due: overlord;
2 : a dominant state controlling the foreign relations of a vassal state but allowing it sovereign authority in its internal affairs.
Jeremy Rabkin, a professor of law at George Mason University School of Law, recently authored an article published in Imprimis called “The Constitution and American Sovereignty”. In the article, Rabkin explains how the concept of national sovereignty, as we understand it today, developed during the Seventeenth century along with nationalism. Read more
How many years have we listened to the talking class bemoan the fact that most of us know more about what happens in the Middle East than we know about our own local governments? Suddenly the internet and cable TV have created an explosion of engaged citizens and the political class is worried! In between Tea Parties and disrupting Town Meetings, citizen activists all over the State of Washington are investigating county and local governments that have enacted emergency power provisions that violate RCW 9.41.290, the Washington State preemption statute.
For example, the City of Yakima just amended certain local laws that were in violation of the state preemption law. Then we discovered to our dismay that the Council had retained the following: Read more
Behind many of President Obama’s recent forays into the international arena lies the issue of whether the United States is to retain its sovereign status or merge into something that is new. Justices on the U.S. Supreme Court have already decided cases by promoting theories that meld U.S. law with foreign law. Are international norms a prism through which U.S. Constitutional law should be interpreted? Read more
STOPPING DOMESTIC GUN OWNER ABUSE
Firearms were used in 54 percent of the state’s domestic violence-related homicides since 1997. The Tacoma News Tribune states that abusers used firearms in 232 of 430 deaths that resulted from domestic violence between Jan. 1, 1997, and June 30, 2008. These statistics must cause all of us to be concerned.
See State Report Takes On Domestic Violence, By Stacey Mulick.
Statewide in the last two years, 68 women, men and children were killed in domestic violence incidents; 33 victims were shot. Should we look at how the criminal justice system can take further steps to get the weapons out of the hands of convicted abusers? Read more
The men that drafted the United States Constitution acknowledged that human government eventually degenerates into tyranny apart from three related sources of law. The concept of natural law stems from the recognition that everything in the universe, including mankind, reveals something of the character of its Creator. Read more
The following opinion answers questions related to questions raised by the WASPC as to whether a municipal law enforcement agency exposes itself to additional liability by certifying retired law enforcement officers as having met Criminal Justice Training Commission standards for firearms qualification. Read more
Medellín v Texas is a landmark that stands for freedom in the United States.
See United States
In recent years, some members of the U.S. Supreme Court have made attempts to meld U.S. law with foreign law. International norms are apparently a new prism through which U.S. Constitutional law should be interpreted, according to some justices.
For example, in criticizing the Court’s own previous decision upholding state laws against consensual sodomy, the Court stated: Read more
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