Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘constitutional rights’

… A Clear Ruling on Gun Rights in D.C. [#not a big surprise]…

Posted by paulfromwloh on Tuesday,May 26th,2015

.. Federal District Court Judge Frederick Scullin strikes again ..

.. and , once again , the political leadership in the District ends up looking like a bunch of damn fools ..

.. a new case came up . No , it is not the original one [Palmer v. D.C.] , which struck down the District ‘ s clear gun rights ban . This one is much different . It was brought by 4 individuals , each of whom wanted to own a gun in the District of Columbia . As you might expect , the District ‘ s P.D. [under the new restrictive ” may issue ” gun law ] refused to issue each of these individuals a license to own a gun …

.. Big problem for the District , however . The U.S. Constitution allows for individuals to own and ” bear ” arms . Plain and Simple . Also , no ” Mother , may I ” about it …

.. [h/t — HotAir.com]..
.. [link] to the blog news post ..

.. so , Judge Scullin struck down the District ‘ s ” good reason ” standard , stating …

“This conclusion should not be read to suggest that it would be inappropriate for the District of Columbia to enact a licensing mechanism that includes appropriate time, place and manner restrictions on the carrying of handguns in public,” Judge Scullin said in his ruling. “The District of Columbia’s arbitrary ‘good reason’/’proper reason’ requirement, however, goes far beyond establishing such reasonable restrictions.”

“Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.”

“Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.”

Well, that was the point. The district’s establishment wants to make it impossible or very nearly so for law-abiding citizens to exercise their rights in the nation’s capital, and they calculated this law to leave themselves enough room to guarantee it. This particular effort was so bad, though, that it was doomed to failure, and should embarrass everyone associated with it. The law essentially said that constitutional rights can be rationed by government only on the basis that government sees a “good reason” to allow it. I’m pretty sure that’s not what the framers of the Constitution had in mind with the Bill of Rights.

The city tried to argue that the “good reason” requirement was connected to public safety, but Scullin rejected the argument :

While, as stated, Defendants argue that the District of Columbia’s “good reason”/”proper reason” requirement relates reasonably to its interest in preventing crime and protecting public safety, they have not established that relationship.

The fact that an individual may be able to demonstrate a greater need for self-protection, and therefore meets the “good reason”/”proper reason” requirement, does not indicate, in any way, whether that person is less likely to misuse handguns or may be less dangerous. See Drake, 724 F.3d at 454 (Hardiman, C.J., dissenting). Nor does the District of Columbia’s “good 12 reason”/”proper reason” requirement make it less likely that those who meet this requirement will accidently shoot themselves or others or engage in criminal activity than those who cannot meet this requirement. See id. The fact that a person may have a greater need for self-protection says nothing about how limiting the carrying of handguns to such individuals would result in a reduction of risk to other members of the public or reduce violent crime. Is the Court to conclude that people who do not have a heightened need for self-protection are more likely to commit violent crimes?

Furthermore, even if the Court were to accept the proposition that handguns are used disproportionately in the commission of violent crimes, how is that use related to whether or not a person has a greater need for self-protection? Moreover, isn’t it possible that even persons who cannot manifest a present need for self-protection are just as likely to be victims of a violent crime.

.. first Palmer , now this case . It is only a temporary injunction , but it is an injunction . To get one , you have to show  a very strong likelihood that you will ” win on the merits . ” This one may well skip the D.C. Appeals Court , and go right to the U.S. Supreme Court ..

.. I certainly would hope so ..

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Posted in 2nd Amendment, constitutional opinion, personal opinion | Tagged: , , , , , , , , , , , , , | Leave a Comment »

… Nice Going , Dummies [#Univ of Ok]…

Posted by paulfromwloh on Friday,March 13th,2015

.. you might wonder , why ?? …

.. because , in this day and age , in particular , even idiots and bigots have rights …

.. even more so because of the wAY The ObamaCraps are abusing the University disciplinary system . They are tryii ng to rig it for their own evil and disgraceful purposeses .So , you cannot just sit back and take things lying down …

.. remember the recent rape episode at the University of Virginia ? Eh , I thought that you might . An entire fraternity got railroaded by the system , until the news article that spawned it [in Rolling Stone , I think] was thoroughly discredited …

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news …

.. I am a proud fraternity man and graduate . I am a Sigma Phi Epsilon man , thank you very much . So I am very , very proud of the Greek system and what it represents .

.. these idiots are bigots , pure and simple . They deserve to be shunned . Whether they deserve to be kicked out of the University of Oklahoma is another matter , entirely . By the by …

.. O.U. is a state school . So , these guys have rights . Yeah , even bigots have rights , even the right to make a colossal idiot of themselves . However , if you want to get rid of them , then do it by the rules . You do not summarily dismiss them , as O.U. President David Boren has done . That move has opened O.U up to a honey of a damage suit …

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… The Problem for the N.F.L. [#Ray Rice]…

Posted by paulfromwloh on Saturday,November 8th,2014

.. yes , the N.F.L. has a serious problem ..

.. the team (the Baltimore Ugh – Ravens) does not …

.. as long as it is within the terms of the sport and the league ‘ s cba WITH THE PLAYERS , the team is well within its rights to get rid of a player . Especially if a player has become as ” radioactive ” as Rice . Who would not . He punched a woman now his wife in an elevator …

.. the team acted , and has now cut Rice . Fair enough … but the NFL ? No …

.. [h/t — TMZSports.com]..
.. [link] to the attack video …

.. the previous video (the approach) and the current video (the punch) are the same event , not two separate events . The NFL cannot punish a player twice for the same offense . It is a violation of the constitutional rights of the player . Which the NFLPA is obligated to defend , and I suspect that they will …

.. also , the offense predates the new rules . Also , Rice did not lie …

.. [h/t — CBSSports.com]…
.. [link] to the news report …

.. I think that Ray Rice has a lot of work to do , But he will be back in the NFL far sooner than anyone realizes . The NFL is likely going to be liable to pay his player contract , due to its own misconduct ….

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… No , You Idiot [on Voter IDs] …

Posted by paulfromwloh on Sunday,April 20th,2014

.. POTUS has to be out of his mind ..

.. having citizens use IDs in order to vote helps to preserve democracy ..

.. [h/t — Newsmax]..
.. [link] to the blogpost ..

.. how he can claim otherwise is beyond me . The problem is that Obama is an evil and narcissistic bastard . He is an Alinskyite , and that is all that he knows …

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… Wanna Bet , Sandra [Fluke] …

Posted by paulfromwloh on Saturday,March 29th,2014

.. it seems that Sandra Fluke cannot get enough of the attention drug that she gets in the public eye ..

.. she is back again , running for the State Senate in California , and arguing against religious freedom in the current Supreme Court case Holly Lobby v Sebelius . It would be nice if she would remember some of her undergraduate education in business , along with her law school work . Right now , she would deserve an ” F ” for lack of attention to detail …

.. [h/t — TruthRevolt]..
.. [link] to the blog post ..

.. she should know better . Corporations are people , created in anticipation of their existence in the public sphere . They have rights as well as responsibilities , and limitations on their existence …

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… What is the ATF thinking ?? …

Posted by paulfromwloh on Thursday,March 27th,2014

.. these guys at Ares Armor have an injunction against the government doing just this , and they come in anyway …

.. O U T R A G E O U S !! ..

.. [h/t — theGatewayPundit]..
.. [link] to the blog post / video segment ..

.. what in the hell is the ATF doing ? running around like a bunch of kids running loose , with no parental supervision ?? where is the U.S. Attorney on this …

.. this is a local Fox affiliate in Oceanside , CA [greater San Diego] that did a lengthy story on the Ares Armor situation . It contains quite a bit of useful material . It is well worth your time to watch it …

.. [link] to the news piece …

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… Spot On , Dr. Krauthammer [on WalMart] …

Posted by paulfromwloh on Thursday,July 11th,2013

walmart beijing

walmart beijing (Photo credit: galaygobi)

.. WalMart is working its fanny off to bring jobs to the inner cities . The best way for that is for them to bring regular WalMart stores , SuperCentres , and support centers to those area . The lower prices that these shops would bring would likely be a heaven – sent blessing to the local market . The jobs , it would be said , would be even better for the local economy .

.. WalMarts are not small stores . The average regular store is around 70k to 75k square ft in size . The supercentres are around 175k to 225k sq ft in size . And , their product offerings are second to none . You name , just about , they usually have it .

.. Yet , the company receives a great deal of resistance and flack from the business , from unions , and from politicians . The businesses fear the competition . The unions fear the loss of dues , and the jobs of their members . The politicians ‘ interests are usually tied in to those of the previous two .

.. In Washington , D.C. , Mayor Vincent Gray is trying to bring WalMart to the city . Nonetheless , the D.C. city council has other ideas in mind . Like enacting what is known as a “living wage” law for the city . For the whole city ? Nooooo ! Only for companies whose stores are 75k square feet , or larger . Guess who that means ?

.. Yep . WalMart . No one else generally has stores that big . If the D.C. City Council passed that law for the whole city , at least (if not suicidal) , it would be understandible . They did not . Mayor Gray will veto the bill , but the Council may well override him . Congress should step in .

.. Congress is given (in the Constitution) exclusive jurisdiction over legislation over the District . In this case , it should step in , and slap the D.C. Council down . That is , unless the Courts beat them to it . What the Council has passed , is , as Dr. Charles Krauthammer put on this night ‘ s edition of Special Report , a bill of attainder ..

.. Big Oops !

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