It’s time to push back

Kevin and Say Uncle pointed out this Fifty Caliber Institute alert. Some people are pointing out the Unintended Consequences aspects and are euphemistically talking about law enforcement becoming more risky but there is a better way.

Federal prosecutors need to start enforcing 18 USC 242 (and 241). There are some legal and political obstacles before that becomes a viable option but I may have a way to remove some of the legal obstacles. Mr. Completely has agreed to give me a few minutes to speak at the Gun Blogger Rendezvous in a few days and I plan to elaborate on how I hope to make that happen. You are going to be there, right?

2 thoughts on “It’s time to push back

  1. Only one problem with that approach here, Joe. The Federal 9th Circus Court of Appeals has declared that there is no individual right to arms. Therefore there cannot be a conspiracy to violate any individual’s right to arms, since said right doesn’t exist for individuals. This decision has been repeated in that court on several occasions, and appeals to the Supreme Court have all been denied certiorari. The law is established. Judge Kleinfeld, in his dissent to the decision not to give an en banc rehearing to Silvera v. Lockyer declared that the 9th Circuit has “erase(d) the Second Amendment from our Constitution as effectively as it can, by holding that no individual even has standing to challenge any law restricting firearm possession or use. This means that an individual cannot even get a case into court to raise the question.” There can be no “push-back” in California through litigation unless the Supreme Court overturns the 9th Circuit on this.

    As Judge Kozinski put it in his dissent, “The Second
    Amendment is a doomsday provision, one designed for those
    exceptionally rare circumstances where all other rights have
    failed—where the government refuses to stand for reelection
    and silences those who protest; where courts have lost the
    courage to oppose, or can find no one to enforce their decrees.” That’s not the problem here, exactly. The courts have all the courage they need to oppose the clear intent of the Constitution, and have all the muscle required to enforce their decrees. And the people keep electing governments that enable them.

    I’ll be interested in what you have to say, but I’m convinced that the courts will not save us.

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