Constitution Cowboy

Tuesday, January 25, 2005

Golden Goose of Gun Rights

There seems to be increased interest in legislation to enhance our gun rights and our right to self defense such as HR 47. While this particular piece of legislation appears to be the Golden Goose of Gun Rights, it does have a flaw that could make it unconstitutional in that it provides for the ability to sue any state in any federal court. This would be in violation of the Eleventh Amendment unless the state you sued was the state you were a resident of and you brought suit aginst that state in federal court in that state.

With no provision in this law to make the remainder of it effective if a portion of it were declaired unconstitutional, it would fall to the first challenge.

The best and only proper destiny for our Right to Keep and Bear Arms, along with our uneneumerated Right to Self Defense, is to have all infringing law repealed or declaired unconstitutional.

Woody

5 Comments:

  • I'm torn on the issue of nationally- or state- legislated gun rights. I think the 2nd Amendment covers the basics, but I'm not sure about putting my right to carry on the national level. We could always leave it to the states to establish reciprocity, etc. and keep the under-the-radar momentum we have going on the state level. If we go the federal route, it COULD be great for us, but if we fail it will be VERY bad. I don't want the federales up and deciding one day that I can't carry anymore, regardless if I'm in my own state. I don't think the likes of Rebecca Peters and George Soros can harm us as much on the state level versus if we make right-to-carry a federal issue. Cause they're going to come out, guns a-blazin' (pun intended).

    Kind of related--check out my latest post about the Gospel of Thomas. It's a positive post on some of the "sayings" contained in the Book of Thomas that goes along with guns, self-defense, etc. The first batch of quotes I compiled for you, Woody.

    Justin

    By Blogger MobileSuitPilotX, at February 7, 2005 at 10:41 AM  

  • Justin, That is an impressive list. I'm going to print it out.

    Woody

    By Blogger Woody, at February 7, 2005 at 6:29 PM  

  • You have a great blog here! I will be sure to book mark you. I have a patent lawyer site. It pretty much covers patent lawyer related stuff. Check it out if you get time :-)

    By Blogger hiro, at October 7, 2005 at 12:45 AM  

  • Hi - You have a great blog. I have a webpage about self defense video clip I'd like you to visit. Here's the link

    By Blogger Erik Mann, at October 25, 2005 at 2:20 AM  

  • Hey, nice blog you've got here. :)

    By Blogger The Blah Brain, at November 3, 2005 at 3:37 PM  

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