In order to win the war on guns, the Progressive Left and Democrats are counting on our ignorance of not only the Constitution, but recent case law that supports the Second Amendment. The government school systems, over the last 30 years, have educated the children of America down to the mindless souls we see today. They have systematically prevented generations of people from truly understanding the meaning and intent of the Constitution. In doing so, they have bred into our society a semi-permanent sense of co-dependence on the government for entitlement services and information. While this is by design; they did not anticipate, nor do they control, the vast independent information sources available to people today.
“Know The Law” is a new category of Second Amendment Patriots articles that are designed to help community members in the defense, application, and everyday usage of the 2nd amendment. While this information does not constitute any type of legal counsel, we hope it is vibrant enough to serve as a starting point for exercising ones’ constitutional rights, act as a source of inspiration as we reach out to others who seek a better understanding of the second amendment, and initiate attacks against those who wish to wage this war on our guns.
McDonald v. Chicago (561 U.S. 3025 – 2010) is the first landmark Supreme Court case that is important to understand. In its most basic form, the decision dismisses the proposition that a State (e.g., NY, IL) or lower government (e.g., Chicago) can supersede or ignore the rights guaranteed in the Constitution, specifically the Second Amendment. As we know, states and local governments had argued that the second amendment did not apply at the local level. For example, this is the argument supporters of the Constitution should make in New York State, where progressive oligarchs are attempting to void the Constitution with unlawful ordinances that conflict with the courts ruling. We shall see what happens.
But for many, it is the second part of the McDonald v. Chicago that is arguably the most interesting for those flighting against assault weapons bans. The decision SETTLES which weapons CAN and CANNOT be owned by citizens. The court holds:
“None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.”
This ruling clarifies the principle that Americans can keep and bear arms that are equivalent to those in common use by the National Guard, which the court considers an example of a “well regulated militia.” Let that statement sink in and think about it. We have a RIGHT to the SAME arms that the National Guard uses in defense of the United States. Did that sink in. This refute any attempts by the Progressive Left and Democrats to make “assault weapons” illegal. As long as the “well regulated militia” (AKA National Guard) has assault weapons, the Supreme Court has ruled that the American citizen carries that fundamental right as well. Period.
The American People have the Constitution, Bill of Rights, and The Law on their side. The Progressive Left, as exemplified by Senator Feinstein, is opposed to the Constitution and are knowingly creating unconstitutional laws (by design in their own words – see Feinstein). By these actions, the Democrats have become an Anti-American Party who’s principal reasoning is to take away your natural God given rights. It is hard to argue otherwise, once you know the law.
Know The Law – Strength through knowledge.