PILOT SPIN

Spin Zone => Spin Zone => Topic started by: Lucifer on September 09, 2023, 10:19:48 AM

Title: Testing the 2A waters
Post by: Lucifer on September 09, 2023, 10:19:48 AM
  The communist have been bantering this around since Covid.   Seems they are doing a trial run on it.




https://jonathanturley.org/2023/09/09/new-mexico-governor-suspends-gun-rights-in-albuquerque-for-public-health-emergency/

Quote
New Mexico Governor Michelle Lujan Grisham on Friday suspended laws that allow open and concealed carry of firearms in Albuquerque for 30 days after declaring a  public health emergency. The order, in my view, is flagrantly unconstitutional under existing Second Amendment precedent.  It could also be a calculated effort to evade a ruling by making the period of suspension so short that it becomes moot before any final decision is reached by a court.


The order cites recent cases of gun-related violence in and around the city, including the killing of an 11-year-old boy dead and the wounding of a woman in their vehicle in an apparent road rage incident after a baseball game.

Grisham declared that “as I said yesterday, the time for standard measures has passed. And when New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game—when their very right to exist is threatened by the prospect of violence at every turn—something is very wrong.”

Democratic leaders have increasingly turned to a claim used successfully during the pandemic in declaring a health emergency to maximize unilateral authority of governors. There have also been calls to declare racism a public health emergency, supported by groups like the American Public Health Association. Transgender programs have also been declared a public health emergency by some groups. The motivation behind many of these calls is not to negate constitutional rights, but the question is whether such declarations allow governors discretion to suspend or curtail individual rights.

As the list of claimed health emergencies grow, even state Democratic judges may begin to balk at the obvious end run around constitutional rights.

The order allows for an expansion to other cities that meet the threshold for violent crime if 1,000 or more violent crimes per 100,000 residents have occurred per year since 2021. It also sets a threshold of 90 firearms-related emergency room visits per 100,000 residents have occurred between July 2022 and June of this year.

The taking away of individual rights as an emergency measure is hardly new. For centuries, governments have claimed that the suspension of individual rights is necessary for the good of citizens.

What is striking about this effort is the short specified period. By setting a 30-day period, the Governor makes it difficult to secure a final decision. She could face a preliminary injunction in that time. However, if she gets a sympathetic trial judge, the time could run out before a final ruling can be secured on appeal. In any case, it makes it less likely that the case can be taken to the Supreme Court or even through the federal court system.

Yet, challengers could argue that the matter is not moot when the order can be and is likely to be repeated in the future. That is always a challenging claim to make, but it is clearly true in this case. What is clear is that this is unambiguously and undeniably unconstitutional under existing precedent.

Even if an injunction is secured on the basis of a presumptively unconstitutional act, many will of course celebrate the boldness of Grisham in taking away an individual right under a clever measure. It is, however, too clever by half. If a court decides that this is not moot at the end of the period, New Mexico could supply a vehicle to curtail future such claims.

We have seen how Democratic strongholds have proven the greatest assets for gun-rights advocates.
Major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures.

In 2008, the District of Columbia brought us District of Columbia v. Heller, the watershed decision declaring that the Second Amendment protects the individual right of gun possession.

In 2010, Chicago brought us McDonald v. City of Chicago, in which the Court declared that that right is incorporated against state and local government.

However, no state has done more for the Second Amendment than New York.  The state has been a fountain of unconstitutional laws — and the basis for a series of wins for Second Amendment advocates.

New Mexico could now prove the next big opportunity for gun rights advocates in tackling the public health rationale for gun control.

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Title: Re: Testing the 2A waters
Post by: President-Elect Bob Noel on September 09, 2023, 10:29:22 AM
not heath rationale for "gun control" but myth...

Title: Re: Testing the 2A waters
Post by: Number7 on September 09, 2023, 11:32:12 AM
I guess the sheriff wasn't impressed with the fucking communist twat.

https://www.thegatewaypundit.com/2023/09/new-mexico-sheriff-tells-tyrannical-governor-he-will/
Title: Re: Testing the 2A waters
Post by: Rush on September 09, 2023, 12:28:14 PM
They would greatly reduce gun violence if they required all citizens with no criminal history to own and carry firearms. 
Title: Re: Testing the 2A waters
Post by: nddons on September 09, 2023, 01:17:57 PM
She is using the Tombstone argument. Too bad Wyatt Earp and Doc Holiday are dead.
Title: Re: Testing the 2A waters
Post by: President-Elect Bob Noel on September 09, 2023, 01:21:09 PM
They would greatly reduce gun violence if they required all citizens with no criminal history to own and carry firearms.

Why the fixation on "gun violence"?

We need to be able to defend ourselves from ALL violence.

We need to teach people to respect the lives of everyone.

Title: Re: Testing the 2A waters
Post by: Lucifer on September 09, 2023, 01:34:47 PM
She is using the Tombstone argument. Too bad Wyatt Earp and Doc Holiday are dead.

  Many of the Old West towns had gun ordnances, and it was primarily centered around one couldn't carry while in town.   If someone rode into town, walked in a saloon, he simply handed over his weapon for the barkeep to hold until he was ready to leave.

 When leaving, retrieve the gun, holster up and ride out.

  These fucks are trying to misuse emergency powers (which they really don't have) and apply to guns.  The communist bantered this back and forth during Covid, and I believe this is a test run.   It will fail, as already the Sheriff and Police Chief are not going to enforce.
Title: Re: Testing the 2A waters
Post by: Anthony on September 09, 2023, 03:38:55 PM
This is revolution material.
Title: Re: Testing the 2A waters
Post by: EppyGA - White Christian Domestic Terrorist on September 09, 2023, 04:41:46 PM
A county Sheriff says he won't enforce it, says he took an oath to uphold the Constitution.
Title: Re: Testing the 2A waters
Post by: nddons on September 09, 2023, 04:43:04 PM
This is revolution material.
Agreed 100%
Title: Re: Testing the 2A waters
Post by: EppyGA - White Christian Domestic Terrorist on September 09, 2023, 06:36:14 PM
A hint of panic on the left.
(http://www.pilotspin.com/index.php?action=dlattach;topic=7179.0;attach=3703)
Title: Re: Testing the 2A waters
Post by: Lucifer on September 09, 2023, 08:01:48 PM
https://www.thegatewaypundit.com/2023/09/new-mexico-governors-unconstitutional-gun-grab-so-top/
Title: Re: Testing the 2A waters
Post by: PeterNSteinmetz on September 09, 2023, 08:59:28 PM
Just received news that open carry rallies are being organized for tomorrow in Albuquerque.

Good news. Defy her.
Title: Re: Testing the 2A waters
Post by: EppyGA - White Christian Domestic Terrorist on September 10, 2023, 05:58:19 AM
She has to learn that she is not above the law and does not make the law,
Title: Re: Testing the 2A waters
Post by: nddons on September 10, 2023, 10:35:54 AM
She has to learn that she is not above the law and does not make the law,
But she’s a democrat, so…….
Title: Re: Testing the 2A waters
Post by: Anthony on September 10, 2023, 10:39:40 AM
But she’s a democrat, so…….

So she believes in Fascism.
Title: Re: Testing the 2A waters
Post by: Jim Logajan on September 10, 2023, 02:24:19 PM
According to the governor during an emergency the constitution is null and void, as is her oath to it.
Governor Lujan Grisham says her duty to uphold her oath to the constitution is "not absolute"
https://twitter.com/beauhightowerdn/status/1700288222734020921 (https://twitter.com/beauhightowerdn/status/1700288222734020921)
Title: Re: Testing the 2A waters
Post by: nddons on September 10, 2023, 02:54:01 PM
According to the governor during an emergency the constitution is null and void, as is her oath to it.
Governor Lujan Grisham says her duty to uphold her oath to the constitution is "not absolute"
https://twitter.com/beauhightowerdn/status/1700288222734020921 (https://twitter.com/beauhightowerdn/status/1700288222734020921)
That little cunt tyrant needs to be removed forcefully from office.
Title: Re: Testing the 2A waters
Post by: President in Exile YOLT on September 10, 2023, 04:43:19 PM
I don't see her calling for the suspension of police:
https://www.npr.org/2023/04/14/1169480686/police-killings-new-mexico-gun-ownership
Title: Re: Testing the 2A waters
Post by: nddons on September 10, 2023, 05:52:46 PM
I don't see her calling for the suspension of police:
https://www.npr.org/2023/04/14/1169480686/police-killings-new-mexico-gun-ownership
What a bullshit article.
Title: Re: Testing the 2A waters
Post by: Rush on September 11, 2023, 02:09:24 AM
https://babylonbee.com/news/new-mexico-criminals-excited-to-hear-no-one-will-be-armed-for-entire-month

NEW MEXICO — Criminals across New Mexico were ecstatic to hear from Governor Grisham today that no one in the state would be armed for an entire month.

"Oh, sweet!" said local carjacker Jeff Diggs. "It's so stressful wondering if your next victim could be packing. Gosh, that's such a weight off!"

New Mexico Governor Michelle Lujan Grisham made the announcement yesterday in a press conference, to resounding cheers from criminals across the state. "I just want every thief in our great state to know they have nothing to fear," said Governor Grisham. "We're delivering bold leadership on crime, and making a statement to the nation. That statement is this: For the next month, criminals in New Mexico can rob and assault anyone with absolute impunity."

Organized crime rings broke out in applause and slapped high-fives, ecstatic about the news. "Man, I'm getting tears in my eyes," said Albuquerque gangster Sean Rogers. "What a relief, knowing we're the only ones with the guns. This is going to be amazing."

At publishing time, Governor Grisham had announced to further cheers that she would also be taking away guns from the police.