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Courts are likely to get last word on gun control

2nd Amend.

Courts are likely to get last word on gun control

With congressional action on gun control largely stuck in a holding pattern on Capitol Hill, the real battlefields on the issue may become local, state and federal courtrooms.

The New York attorney general’s office is due before the state Supreme Court next month to defend the constitutionality of Gov. Andrew Cuomo’s tough new gun control package, and two separate appellate courts recently issued opposing opinions on whether the Second Amendment guarantees the right to carry a concealed weapon in public.

Mr. Cuomo signed sweeping gun control measures into law in January that included a beefed-up ban on so-called assault weapons and a limit on magazine capacity to a maximum of seven rounds of ammunition — even less than the 10-round limit proposed by President Obama. But Buffalo lawyer James Tresmond — with the backing of the National Rifle Association and other gun rights groups — is arguing on behalf of two gun owners that the law amounts to an unconstitutional seizure of property under the Fifth and 14th amendments to the U.S. Constitution.

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  • $13614178

    Somehow I don’t find that reassuring .

  • gmhunt4

    NY got who/what they voted for…….so suck it up or move……….to Texas

  • http://www.facebook.com/benjamin.fox.98892 Benjamin Fox

    I’m with you marineh2ominer, doesn’t make me feel better at all, they are just as bad as the liar-in-chief and we know all about his lie’s. Semper Fi, Friend:

  • Pazuzu

    It might be in their best interests to forget all about gun control/confiscation.

  • pysco

    Gov. CULO of New York, wants to exclude Hollywood of any proposed gun laws…….

    • wildeagleone

      This in itself ( Hollywood being exempted) should null and void the CULO (Spanish interpretation) attempt to be someone and send him back to the closet where he came from

  • DPMP

    I always thought that the People elected the representatives because their were intellegent and knew the Constitution and Laws that would protect the peoples rights, not be puppets of a corrupt government.
    If the elected can not serve the People get rid of them.

  • Jake_Arr

    Don’t you believe it. Any anti-2nd amendment ruling that an agency tries to enforce will be the spark of rebellion. Then the patriots will have the final word. As I said elsewhere, the government will have to move against owners of very large bore firearms like the Barrett and other brand 50 cal rifles as these are capable of stopping the armored personnel carriers that DHS has purchased. Other long range sniper type rifles will be targeted for confiscation then scoped deer rifles in heavy caliber leaving people with their home defense shotguns and whatever handguns have been hoarded. A ‘Red Dawn’ scenario is a real possibility with the modification that we will be fighting scumbags (thugs like Obama loyal SEIU and gang members he has recruited) who may be wearing US uniforms.

    • https://www.facebook.com/app_scoped_user_id/100002811879244/ Perry Wall

      and his drones will attack us

  • Stealth

    I don’t give a rats-ass WHAT anyone says- Just remember this sentence.. “Guns?? WHAT stinking guns?”

    • David

      Got the Mexican Cartel at the Rio Grand, but especially at the states with the-least protection like AZ. They are already talking about US land exchange with China for debt that we can’t repay. There are many more factors that the well read patrioit are aware of. We see this gun grab for just what it is. I don’t expect to live to see the end result, but I won’t lie down and play dead, they will have to make it so. God Bless the USA!

      • Black Rain

        If congress let china in the front door with a land grab. We will be speaking Chinese. Or Russian
        I will not be here for such take over of America by a foreign power.

  • Rockriver556

    There’s nothing to discuss. We should not even be having this conversation. The Bill of Rights are non negotiable!

    • http://www.facebook.com/edshick Edward Shick

      That was the same thing that was said in the last line of the Dick Act of June 1902 ,The united states Supreme Court could not have made it more clear,: Treaties do not override the Constitution and cannot in any Fashion , Amend it ,!!! Case Closed.;

    • JIM

      Supreme Court Justices,Members of Congress Senators ,Legislature WE the People say to You ,We are You’re People Sons,Daughters,Brothers ,Sisters ,Moms and FATHERS ,Cousins ,AUNTS AND UNCLES ,WE FOUGHT FOR THE RIGHTS TO HAVE AND TO EMBRACE THE CONSTITUTION OF THESE UNITED STATES OF AMERICA ,Obama is a Person that doesn’t even Measure up ,No birth CErtificate ,No social Security Number that is NOT Ligitimate ,Nothing is LaGit , about this President EXCEPT HE IS RAIL ROADING AMERICA TO THE PITS ,NEVER TO BE AMERICA AGAIN ,EVERYONE CALL YOUR EVERY ELECTED OFFICAL RIGHT NOW DO NO DELALY !!!DO NOT TAKE OUR GOD GIVEN RIGHT TO DEFEND OURSELVES ,INSTEAD IMPEACH OBAMA ,HE IS AMERICAS PROBLEM ,REMOVE HIM,NOW !!!
      we WANT TO KNOW WHAT OBAMNA IS DOING ORDERING TANKS BULLETS GUNS TO ARM OUR GOVERNMENT AGAINST OUR PEOPLE,hE BROUGHT ILLIGALS IN ,THEY ARE THE CRIMINALS NOT US.ELECTED OFFICALS DO YOUR JOB !!!!

  • Diane L Kearny

    I will never give up any of the freedoms GARANTEED by the constitution and that means if you want to take away my freedoms beware: that will come at a cost to you.

  • GDC97

    ALL of the laws that are or have been passed are UNCONSTITUTIONAL!!!!

  • USMCVeteran

    Actually, The American gun owners and 2nd Amendment/Constitution supporters will have the last word on gun control.

    ΜΟΛΩΝ ΛABΕ

    • m2

      Yessir! Just you, me, and MILLIONS of other pissed off American gun owners….

  • Terry Adams

    lets hope it not the last word before the shots are heard. the court system needs to work this time for sure. no infringment period.

  • Marlin208

    It will just come down to civil war. They will not stop till it does. Why do you think the DHS is getting armored light tanks, it isn’t for border security. They know what is coming.Between the collapse of the dollar and the gun confiscation , it is on the way. This government is at total odds with the American people so one of us has to go.

  • http://pulse.yahoo.com/_NLORN6B3ZNGCAJTFHWWFUUEY4Q jong

    Of course the courts have already ruled upon this and in favor of those with guns. The most unfortunate problem is that those that wish to throw out both the Constitution and the rule of law will never be brought before a court of law to explain what the hiel they were thinking.

  • gutterfalcon

    And have you seen ( I don’t know if it was a slip-up ) a video where fienstien actually said No One Needs More than 5 Rounds from a Revolver ! That’s the Next step. 5 rounds, revolvers, Registration, 1 round, muzzle loaders, Total Confiscation.

  • http://facebook.com/bruce.feher Bruce Feher

    My rights are my rights and subject to my interpretation not some hack in a black robe!

  • James Kroeger

    Well…if we leave it up to the court system, then we’re truly screwed. Worthless morons calling all the shots!!! Get your target practice in…it’s soon to be open season!

    • http://www.facebook.com/edshick Edward Shick

      In our area it is getting hard to find ammo,, I tried to day with not much luck ,, We should be impeaching and recalling a lot of congressmen,, And the Foreign Student has now been over educated send him back to Indonesia , I think his green card has expired!!! Freedom is not Free!!

      • Abelandwilling

        I’ve never been in the military, but I stand with you! God and Country – Semper Fi!

  • Robert Whittaker

    According to the Constitution, in order to add, deleate or otherwise change any part of the Constitution we must follow Article V requireing 2/3 of the 50 states to approve any changes.

    • Steven

      I am currently away from home and would have to go out to my car to check the nearest copy of the Constitution, but I believe it is 2/3 of each the House and 2/3 if the Senate to propose amendments, and 3/4 of the states to ratify them.

  • e111w

    No court at ANY level has authority to rule on gun “control”. Of all “authority” the courts are bound by Constitutional law. The only duty of the courts (and the Supreme Court(s) in particular) is to enforce the law. The Second amendment is so specific that attempts by government at any level to “interpret” it are illegal. Period! Impeachment of judges/justices is allowable, no? What would it take for millions of a Constitutional citizenry to force such action? Interested?

  • rivahmitch

    Actually, the citizens will have the last word. Those unwilling to kill and die for their rights and freedoms will lose them. Those willing to kill and die for their rights and freedoms may well die for them but we’ll die free. Semper Fi!

    • dave

      This corpsman (not Corpseman Yet) and Vietnam vet is fully with you, marine Semper Fi

  • haroldson

    the Constitution is plain English and well worded, What is it that they don;t understand, If you can read then there you are . the law of the land.

  • william C

    The best way to kill a snake is to cut off its head.

  • https://www.facebook.com/app_scoped_user_id/1002964925/ Bobbi Sue Myles

    Sadly I have learned that the DICK ACT of 1902 though a very good bill was never passed and instead lanquished in the cesspool of demogogory. We need to revive it to regain our Full Second Amendment Right’s as freemen and law abiding citizen’s. An armed man is a Citizen. an unarmed man is a Subject

  • http://twitter.com/vonrowley von anderson

    SHAME ON COLORADO. It would not exist if strong, fearless individualists had not forged their way West with guns to open the West to the population that now inhabits and reaps the rewards and beauty of the State.

  • Frdmftr

    To the contrary, We, the People will have the last word on gun control.

  • MontieR

    TOTAL BS. Not even the unsupreme court can nullify even incrementally our God given rights. ALL past so called supreme court dictates on gun control ARE illegitimate and anti constitutional and therefore NULL and void. Try reading the constitution.

  • MontieR

    Our rights do NOT come from the constitution. The Constitution is basically a list of restrictions on the government and very specifically LIMITS what the government is allowed to do. The bill of rights is a list of rights the government CAN”T touch even with reasonable restrictions.

  • http://twitter.com/rlrork55 Rick Rork

    Judges bleed too!

  • $26222150

    I think We the People will have the last word.

  • ron44

    Welcome to the PROGRESSIVE REGRESSIVE Socialist State of Colorado,,Not a thing was done by the legislature to save our second amendment rites, The usual suspects from Arizona and CT showed up tp play at testifying, The evil people of our legislature played their game, pretending to be interested on listening to law abiding citizens voice their concerns, only to have them shut down at the end of the day.Progressives DO NOT BELIEVE IN EVIL. so we all our in the same boat here, criminals! good luck on this….impeachment? we will see.

  • Steven

    The courts CANNOT have the LAST word. NEITHER side will stop defending their position because ANY court tells them they are wrong. The FINAL word will come from someone USING a gun. The only question is if that person will be defending their rights or violating the rights of everyone else.

  • DARRELLJR

    The courts? Really? How about WE THE PEOPLE.

  • Charlie

    Any gun laws that impede the citizens owership of any weapon that our servants in our government possess is totally unconstitutional. If our servants have tanks we should have tanks, if our servants have any weapon we should also have said weapon. No branch of any level of our government legally can impose any restriction on our ownership of any weapon. So stating this if the supreme court is worth it’s salt it would declare that not only New York’s gun laws but all gun laws across the country to be constitutionally illegal. If this is not the judgement then we certainly have tyranny at all levels of our government and all branches of our government. The supreme court should also rule that the patriot act is totally unconstitutional and that it should be revoked not latter but right now. The judges sitting on our benches of our supreme court need to be the authority that has been assigned to them by the constitution of which they hold an oath to follow. So above any and all argument that might be stated to keep gun restiction laws of any type the judges of the supreme court need to correct all past and current illegal laws by telling all that our constitution grants us the natural right to defend ourselfs. There should never in our country be a gun free zone, there should of never been any gun restriction type of laws for they are all illegal by the writtings of the federalist papers,bill of natural rights and our constitution. May God bless these judges to correct the wrongs of the past and of the present.Follow the constitution not some current political whim that is unconstitutional.

  • mickey

    Our courts are a joke, they always vote for the government, not for the people like they’re supposed to. The Muslims, and unpatriotic/Commies, have infiltrated into all aspects of American politics, enough so as to have control of items that are being taken away from us. This guy George Soros, why are we allowing this guy to help Obama take over the U.S? This guy needs to be taken down, and sent back to where ever he came from. He is a very dangerous fellow, to be allowed to run loose here in America. He stands for everything bad going on here in the United States. His way of gun control/confiscation, is to BUY OUT all the gun companies he can, through a huge organization, with the capablility to do so. This has been very well hidden from the people of the U.S. Did you know that a grand old gun maker “MARLIN” has been forced out of business.

  • sreynolds

    Wanna bet? It is we as patriots that will have the last word. Shall not infringe.. MOLON LABE

  • larry

    you realize of course, that der fuehrer plans on replacing two or more supremes during this term, swaying the court iin favor of his anti constitutional agenda… along with the two bull dykes he placed last time, both of whom have written on the desire to give government the right to curb speech, and his new hopefuls, all of whom are anti gun, he plans on using his new fascist court to end your rights… al of them…

  • larry

    there was a time when those who would threaten our sovereignty or curb our rights and imprison us would have been met with measures suitable for such acts of treason… no hoopla, no fanfare, just the surgical removal of the cancer… but it seems far too many of ouur fellow americans, and of course the illegals, have shown a willingness to sell out for pennies… seems the “market” has established their true worth…

  • 1tymtrvlr

    The 2nd amendment is all I need. the courts lost their credibility when they gave obamba the power to force me to pay for the illegal aliens, obama’s lazy, do nothing parasitic bros medical care, hell their whole life is being supported by the doers, the worker.

  • E. M. Ross

    Feinstein speaks of tyranny when she made her anti-gun proposal. She should be taken out of office and forbidden to speak about anything political for the rest of her life. She is a disgrace to America !

  • https://www.facebook.com/app_scoped_user_id/1558461120/ Lester Peoples

    What has Cuomo done that he is so fearful of getting shot? Makes you wonder when its a national Law of protection for the individual American citizen!.

  • CARL

    >>> NO WAY JOSE ‘ <<< " WE THE PEOPLE " WILL ALWAYS HAVE THE LAST WORD ON GUNS AND WE WILL ALWAYS OPPOSE ALL EFFORTS TO CONTROL . LIMIT , CONFISCATE , GRAB OR OTHERWISE REGULATE OUR FIREARMS . WE ARE 210,000,000 WELL ARMED AMERICAN PATRIOTS WHO PLEDGE TO HONOR , PROTECT AND PRESERVE OUR CONSTITUTION , AND THAT INCLUDES THE 2nd AMENDMENT . THE REASON FOR THAT AMENDMENT IS TO PROTECT THE CITIZENS AGAINST A TYRANNICAL CENTRAL GOVERNMENT SUCH AS THE ONE IN WASHINGTON
    D . C . ( DISTRICT OF CORRUPTION )

  • CARL

    > MESSAGE FOR THOSE OF YOU WHO WOULD ‘ WIMP OUT ‘ AND SURRENDER YOUR GUNS .<
    GET YOURSELF A LONGBOW , CROSSBOW OR PISTOL CROSSBOW AND LEARN TO USE IT .
    FOR MANY CENTURIES, MEN FOUGHT AND HUNTED WITH SUCH WEAPONS AND THEY STILL WORK.
    THEY ARE ALSO SILENT AND IMPOSSIBLE TO FIND WITH A METAL DETECTOR ~ ACCURATE UP
    TO 50 YARDS . AN ARROW / BOLT TIPPED WITH A RAZOR SHARP HUNTING POINT WILL PROBABLY PENETRATE A BULLETPROOF KEVLAR VEST .

  • Ronald R. Johnson

    We need to do a clean sweep of all elected people in Washington and limit the terms of all the newly elected, maybe one term every 15 years and no terms longer than three years and I bet that would make all of them think about pleasing us!

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