Judge Napolitano on the ramifications of McDonald v. Chicago and 2A incorporation on New York’s gun laws:
“… In my opinion, look to the Supreme Court to invalidate them …”
Look to the Supreme Court to invalidate them? They were never valid to begin with. They were wrongfully forced on the public by force, by arrogant New York politicians who brazenly ignored the constitutional rights of Americans.
“All laws which are repugnant to the Constitution are null and void.”
Marbury vs. Madison 5 US (2 Cranch) 137, 174, 176, (1803)
We don’t have gun laws or gun control in New York. What we have is as much political oppression of legitimate gun owners as possible, forced on us by the political left.
Listen to the sound of criminals and gangsters complaining about New York cracking down on their misuse of guns – you’ll hear the sound of one hand clapping. The criminals are content to be ignored while Bloomberg and Paterson support more and more oppression of law-abiding gun owners, which disarms the victims of criminals.
The political left needs to stop subverting America and get onboard with the idea of having a functional society, despite America continuing to be a capitalist America. If they want more socialism, then they can argue for that, but in the mean time they should stop trying to monkey wrench the system by using their gun control fraud to make this state safe for criminals.
NY law, especially the Sullivan Law, were effectively validated by reason of them not being challenged immediately 100 years ago. Why they weren’t I don’t know.
“NY law, especially the Sullivan Law, were effectively validated by reason of them not being challenged immediately 100 years ago.”
Past ignorance did not, and does not, constitute validation. It never will. The Sullivan Law is repugnant to the Constitution and is therefore null and void. The Supreme Court did say “all laws” didn’t they? There is no “not in New York” exception to that. Even New Yorkers have rights as Americans, as odd as that may seem.
Ignorance is not the problem. NY gun law has gone up to the 2nd Circuit and it has been the position of NYS that there is no right to own guns. The clown court upheld that.
Incorporation would force NYS to recognize there is a right to own guns. While Sullivan may ultimately be found unconstitutional, it will not go away overnight and may in fact have to be challenged all the way up to SCOTUS like the McDonald case.
My optimistic side hopes to hell he’s right. My realistic side says we will have incorporation (the main item), however, the courts will throw the antis some sort of bone. A consolation prize. What bone they get, i’m waiting to see. Even with incorporation, i don’t expect city hall and albany to “take it like a man”. We’d have to haul them down to DC for round 3
Fact is, we have various court rulings which can be relied upon to challenge, especially, the Sullivan (Pistol Permit) law in NYS/NYC. These include Walker v. Birmingham, “No need to go to the SCOTUS if a law forbids one’s right
Shuttlesworth v. Birmingham: Licensing laws are “unconstitutional censorships, or prior restraints” as such “one may ignore them,” and act “with impunity in the (right) for which the law purports to require a license”
Further, there is Murdock v. PA which states no fee may be charged in order for/that one’s right to be in force. Rights are not “granted, or withheld at the discretion of the state” (Shuttlesworth v. Birmingham, from Staub v. Baxley) or one of its bureaucrats (what I call ‘burro’cRATs), they come from God, as the Honorable Judge Napolitano has repeatedly stated. Thanks to people like the judge, and the Tea Party, as well as pro-2A activists, and organizations, we may see a future return of our rights under the constitution
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