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Unalienable Rights Foundation: Gun Rights

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 Unlawful Search when Cops Count Bullets in your GUN's Magazine

Gun Rights

Unlawful Search when Cops  Count Bullets in your GUN's Magazine

Unlawful Search when Cops 

Count Bullets in your GUN's Magazine

Says Yankee Judge

Were his people minutemen? 

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The Fourth Amendment to the U.S. Constitution reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The American Revolution was fought, in part, to create a system of government in which the Rule of Law would reign supreme. The rule of law is often identified with the old saying that the United States is a nation of laws and not of men. Under the rule of law, the actions of government officials are prescribed by the principles and laws that make up the U.S. legal system and do not reflect the Arbitrary whims and caprices of the government officials themselves.

A distinction is sometimes drawn between power and authority. Law enforcement officers are entrusted with the powers to conduct investigations, to make arrests, and occasionally to use lethal force in the line of duty. But these powers must be exercised within the parameters authorized by the law. Power exercised outside of these legal parameters transforms law enforcers into lawbreakers, as happened when Los Angeles police officer Laurence Powell was convicted for using excessive force against Rodney King, who had been stopped for speeding. Powell repeatedly struck King with his night-stick even though King was in a submissive position, lying prone on the ground.

The Fourth Amendment was intended to create a constitutional buffer between U.S. citizens and the intimidating power of law enforcement. It has three components. First, it establishes a privacy interest by recognizing the right of U.S. citizens to be "secure in their persons, houses, papers, and effects." Second, it protects this privacy interest by prohibiting searches and seizures that are "unreasonable" or are not authorized by a warrant based upon probable cause. Third, it states that no warrant may be issued to a law enforcement officer unless that warrant describes with particularity "the place to be searched, and the persons or things to be seized."

Sad that there are police officers willing to forgo the Rule of Law and ignore our 4th Amendment rights just to make brownie points with the politicians whose agenda they help to thrust upon us.

But there are victories; small, but well worth mentioning. Such as the case in Lockport, New York recently.

HAT TIP TO LOCKPORT CITY JUDGE, William Watson for what the paper reported as "ruling from the bench" - when in fact, the judge was ruling by the U.S. Constitution...

"Lockport [NY] police violated Paul A. Wojdan’s [fourth amendment] constitutional rights by counting the bullets in his gun and charging him with violating New York’s SAFE Act, Lockport City Judge William J. Watson ruled Wednesday," [NY] reports. "Watson dismissed a misdemeanor charge against Wojdan, filed because the magazine of his 9 mm Ruger handgun contained 10 bullets, more than the limit of seven bullets per magazine under the Secure Ammunition and Firearms Enforcement Act." Again, the SAFE Act ammo limit law wasn't at issue. It was the judge’s opinion that the cops executed what was an unreasonable search and seizure. Here’s how it went down . . .

Wojdan was a passenger in a car driven by his wife at about 2 a.m. Oct. 12, when Lt. Adam Piedmont of the Lockport Police Department clocked it going 44 mph in a 30-mph zone on South Transit Street.

The car didn’t stop until Piedmont had followed it for about a mile and a half.

Piedmont was joined by Officer Daniel Barrancotta, who testified that he joined the chase when he heard the siren while waiting in the drive-thru lane at Mighty Taco.

Piedmont said he asked if there were any weapons in the car. Wojdan said there was one in a holster in the glove compartment. His pistol permit was in the center console.

After ordering Wojdan and his wife out of the car, Piedmont said he directed Barrancotta to find the permit and the gun, which the patrolman quickly did. Piedmont then told Barrancotta to "make the gun safe."

"My experience is, the best way to make a gun safe is to remove the magazine," Piedmont testified.

Barrancotta said it was also the only way to check the serial number to match it against the list on the pistol permit. To make sure there was no round in the firing chamber. There wasn't.

There is a row of what Piedmont called "observation holes" in the magazine, each numbered, with bullets visible through the holes.

"In observing the magazine, I did notice there were at least 10 rounds in the magazine," Barrancotta testified. He then emptied the magazine.

"I did count rounds just to confirm our reasonable suspicion that there were more than 10," Piedmont said.

Tresmond said, "Once the magazine is removed from the firearm, the firearm can't fire. At that point in time, the search of the firearm should've ceased. But the officers went further. … It was a search without a warrant."

Assistant District Attorney David A. Hoffman thought the officers’. Action was permissible. He argued, "I think it’s reasonable for them to check the firearm and the magazine. They didn’t seek the number of rounds in it. They did it for officer safety."

Watson ruled from the bench that the officers had a right to ask about weapons, given the prolonged pursuit of the car. "I think the officers had a lawful right to make the weapon safe," Watson added. But when they started counting rounds, they went too far, the judge concluded.

Lockport Police Chief Lawrence M. Eggert said his department’s policies on checking guns will be altered where necessary.

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 Jefferson on Arms for Self Defense

Gun Rights Jefferson on Arms for Self Defense

Blackstone on Arms for Self-Defence

We often hear arguments about the intent of the founders as to the wording and meaning of the wording of the second amendment to the US Constitution and the Constitution itself. Most of those arguments are silent on where any authority may be found to support the assertions made in those arguments.

Thomas Jefferson was a principal in the drafting of the Constitution and he penned in his own hand where he found the basis of law that was to be used to govern the United States as did John James Otis, John Adams and many other ‘Founding Fathers’.

Jefferson and these other Founding Fathers clearly and precisely expressed their headings in their drafting, work and/or support for the Constitution. The works of Sir Edward Coke, Sir Thomas Littleton and Sir William Blackstone [Jefferson’s 1812 letter to Judge John Tyler] directed those headings.

[ Blackstone's Commentaries on the Laws of England Book the First - Chapter the First : Of the Absolute Rights of Individuals / Commentaries on the Laws of England / Blackstone, William, Sir, 1723-1780 4 v. : 2 geneal. tables ;27 cm. (4to) / First Edition Oxford : Printed at the Clarendon Press, 1765-1769]

This extract is taken from pages 143 and 144 of the first volume (of four) of the 21st edition of Sir William Blackstone's book 'Commentaries on the Laws of England' dated 1884 in which it is stated that it derives from the edition of 1783 with the author's last corrections. It is commonly to be found in law libraries and in the larger reference libraries.

5. The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W.&M. st. 2, c.2, [ United Kingdom (England)/UK Bill of Rights 1688] and it is indeed a public allowance under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

In these several articles consist the rights, or, as they are frequently termed, the liberties of Englishmen: liberties, more generally talked of than thoroughly understood; and yet highly necessary to be perfectly known and considered by every man of rank or property, lest his ignorance of the points whereon they are founded should hurry him into faction and licentiousness on the one hand, or a pusillanimous indifference and criminal submission on the other.

And we have seen that these rights consist, primarily, in the free enjoyment of personal security, of personal liberty, and of private property. So long as these remain inviolate, the subject is perfectly free; for every species of compulsive tyranny and oppression must act in opposition to one or other of these rights, having no other object upon which it can possibly be employed. To preserve these from violation, it is necessary that the constitution of parliament be supported in full vigour; and limits, certainly known, be set to the royal prerogative.

And lastly, to vindicate these rights, when actually violated or attacked, the subjects of England are entitled, in the first place, to the regular administration and free course of justice in the courts of law; next, to the right of petitioning the king and parliament for redress of grievances; and, lastly, to the right of having and using arms for self-preservation and defence.

And all these rights and liberties it is our birthright to enjoy entire; unless where the laws of our country have laid them under necessary restraints - restraints in themselves so gentle and moderate, as will appear upon further enquiry, that no man of sense or probity would wish to see them slackened.

For all of us have it in our choice to do everything that a good man would desire to do; and are restrained from nothing, but what would be pernicious either to ourselves or our fellow-citizens.

 




Posted by david on Thursday, February 28 @ 12:51:22 MST (2261 reads)
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 Roberts Court faces major takings challenge with huge potential liability for go

Gun Rights

Roberts Court faces major takings challenge with huge potential liability for governments

Would a ban on assault weapons violate the Fifth Amendment's takings clause?

No person shall be . . .  deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. U.S. Constitution U.S. Con. 5th Amd. (1791).

Some members of Congress would like to know, according to one legal scholar [UARF] who has been asked .

The gun-related question is not before the U.S. Supreme Court, at least not yet.

But the scope of the takings clause is this term in three cases, the most potentially significant of which comes up for argument on January 15.



Posted by david on Thursday, January 03 @ 07:49:29 MST (1929 reads)
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 UARF provided key evidence that allowed Moore to Walk Free & Exercise 2nd Amd. R

Gun Rights

The Unalienable Rights Foundation provides key evidence that allows Dan Moore to Walk Free and Continue to Exercise his Second Amendment Rights

 

It's legal to wear a gun on your hip in Waterside, a judge decided Tuesday.

After hearing more than two hours of testimony, a General District Court judge dismissed a trespassing charge against Dan Moore, a Hampton resident who police said was ordered to leave Waterside for carrying a weapon, and refused to leave.

State laws permit openly carrying firearms in public places. City officials contended that Waterside, though built in part with public funds, is owned by a private entity and thus is a private facility not subject to state laws.

Judge James S. Mathews did not agree. After hearing from six witnesses called by the city attorney's office, he dismissed the charges, ruling that Waterside is a public facility, said the Unalienable Rights Foundation [UARF] General Counsel Stephen Merrill, a Norfolk attorney who represented Moore.

Merrill introduced forensic accounting evidence obtained by UARF's Associate General Counsel,  and President, David Lindsey,  a  Forensic Accountqant, through the Freedom of Information Act from the Norfolk Redevelopment and Housing Authority and the City of Norfolk that from the time Waterside opened, "not one dollar in private money has been lost in managing the facility," Merrill said. "Clearly, it's a public facility."

During his direct examination testimony by Merrill and cross examination testimony by Norfolk Deputy City Attorney Andrew Fox,   Lindsey introduced evidence from the witness chair  to the Court that showed that individuals in Norfolk's [1] City Attorney's office,  [2] Redevelopment and Housing Authority, and [3] Police Department  appeared to have uttered false documents , either a class 6, 5, or 4 felony under Virginia law. 

Moore was ecstatic.

"I had a hard time sleeping last night," he said. "This has been a very stressful thing. It was a great relief to hear the judge dismiss the charges."

Moore had several previous run-ins with the Norfolk police while carrying a gun in a holster. After he was detained downtown in 2007 for standing outside the Bank of America building with a gun, the city paid him $10,000 to avoid a lawsuit.

In September, he was detained while trying to ride a Hampton Roads Transit bus.

A month later, after he and other gun -rights activists spoke to the City Council, he was arrested at Waterside. Moore said he will sue for the bus and Waterside incidents.

"The police think they can do this to me, but they can't," he said. "Someone has to answer for this."

Andrew Fox, who prosecuted the case for the city attorney's office, said the city disagrees with Mathews' decision, calling it "an erroneous application of the law."

Fox said the city can't appeal the decision, but added the city will continue to aid private businesses "in enforcing policies they determine to be necessary and appropriate to the safe and efficient operation of their premises."

Gun -rights activists celebrated the decision.

"This is another lesson to Norfolk that they need to worry about criminals and stop picking on law-abiding citizens just exercising their constitutional right," said Philip Van Cleave, who heads the Virginia Citizens Defense League, a gun-rights group. "The city is acting like a bully."

UARF's Merrill, who is based in Ghent, was more understanding. "It's shocking for people in a city like Norfolk to see people open-carry," he said. "Even though it's been the law for a long time, it hasn't been practiced here until recently.

"But it's surprising that the city has been so slow coming around on this."

For full unedited article

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Posted by DAVID on Thursday, October 18 @ 04:03:29 MST (1978 reads)
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 The Future of the Right to Keep

Gun Rights

Federalist Society Logo

 

The Federalist Society's Civil Rights Practice Group and The Cato Institute's Center for Constitutional Studies
present:

The Future of the Right to Keep
and Bear Arms

 
 
 
 
For more upcoming events:  Click here
 
 The Federalist Society
1015 18th Street, N.W. 
Suite 425
Washington, D.C. 20036
Tel: (202) 822-8138
 Fax: (202) 296-8061 

 
 
 

In 2008, for the first time in our history, the Supreme Court invoked the Second Amendment to strike down a gun control law, holding that the federal government may not prohibit law abiding citizens from keeping a handgun in the home for self defense. In 2010, the Court held that state and local governments are also prohibited from banning handguns in the home. Major victories for individual liberty, those decisions were also very narrow. Can we expect future decisions to recognize a wide range of rights to keep and bear arms? Or will the Court's recent decisions turn out to be mostly symbolic, with little effect on legislative discretion to regulate access to firearms? Please join us for a discussion of opposing views about what the courts are likely to do and what they should do.

 


Panel featuring:
  • Mr. Alan Gura, Gura & Possessky, P.L.L.C.
     
  • Mr. Dennis Henigan, Brady Center to Prevent Gun Violence
     
  • Prof. Nelson Lund, George Mason University School of Law
     
  • Prof. Alan B. Morrison, The George Washington University Law School

  • Dr. Roger Pilon, Center for Constitutional Studies, Cato Institute, Moderator
     
 
Details:
Thursday, January 20, 2011
12:00 noon
(Lunch to follow)
 Cato Institute

1000 Massachusetts Avenue, N.W.
Washington D.C. 20001-5403
 

Lunch will be provided.
There is no charge for this event. 
Please RSVP by Wednesday, January 19, as seating is limited.

 
 
 
 
T

The Federalist Society | 1015 18th Street, NW | Suite 425 | Washington | DC | 20036

Posted by david on Monday, January 10 @ 09:20:36 MST (1312 reads)
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 Concealed carry and fingerprinting VA

Gun Rights

§ 15.2-915.3. Requiring fingerprinting for concealed handgun permit. —

Notwithstanding § 15.2-915, a county or city may by ordinance require any applicant for a concealed handgun permit to submit to fingerprinting for the purpose of obtaining the applicant's state or national criminal history record; however, such ordinance shall not require fingerprinting for the renewal of an existing permit pursuant to subsection I of § 18.2-308. (2004, c. 462; 2006, c. 886; 2007, c. 272.)

Virginia Code § 15.2-915.3


Posted by MultumInParvo on Tuesday, December 14 @ 10:43:19 MST (1343 reads)
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 VA Regulation of transportation of a loaded rifle or shotgun

Gun Rights

§ 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun. — The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)

Virginia Code § 15.2-915.2


Posted by MultumInParvo on Tuesday, December 14 @ 10:37:16 MST (1475 reads)
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 VA Limitations on authority of localities to bring lawsuits on guns or ammo

Gun Rights

Limitations on authority of localities to bring lawsuits on guns or amo

§ 15.2-915.1. Limitations on authority of localities to bring lawsuits. — No locality shall have the authority to bring suit against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for damages, abatement, injunctive relief or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public. The right to bring any such action is hereby reserved exclusively to the Commonwealth. Any action brought by the Commonwealth pursuant to this section shall be brought by the Attorney General on behalf of the Commonwealth.

 

This section shall not prohibit (i) a locality from bringing an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty or negligence as to firearms or ammunition purchased by the locality or (ii) an action for injuries resulting from negligence or breach of warranty or contract.

 

The provisions of this section applicable to a locality shall also apply equally to any state governmental entity, including a department, agency, or authority. (2000, c. 674.)

 

History

 

Virginia Code § 15.2-915.1


Posted by MultumInParvo on Tuesday, December 14 @ 10:28:55 MST (1458 reads)
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 Virginia ~ Control of firearms; applicability to authorities and local governmen

Gun Rights

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies. —

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section. (1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923; 2009, cc. 735, 772.)

Virginia Code § 15.2-915


Posted by MultumInParvo on Tuesday, December 14 @ 10:11:07 MST (1365 reads)
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 Andrew F. Traver is a bad choice to head up the BATFE!

Gun Rights

President Obama has nominated an anti-gun Chicago BATFE agent to head up the BATFE!

We don't want someone who doesn't believe in the right to keep and bear arms to be beating the 2nd Amendment into bureaucratic dust.

Andrew F. Traver is a bad choice, so let's tell our Senators that we don't want Traver to fill the position.

Gun Owners of America has already set up a campaign to fight the nomination.  There is history on the issue and a prewritten email for you to send which goes automatically to Senators Warner and Webb:

http://capwiz.com/gunowners/issues/alert/?alertid=20074511&PROCESS=Take+Action

Do not forget:

When you carry a gun, you don't do so because you are looking for a fight, but because you are looking to be left alone. The gun at your side means that you cannot be forced, only persuaded. You don't carry it because you are afraid, but because it enables you to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force. It removes force from the equation... and that's why carrying a gun is a civilized act.

 

 

 

 

 


Posted by david on Tuesday, December 07 @ 10:44:47 MST (1119 reads)
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     Big Story of Today
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     Old Articles
Tuesday, August 11
· Gun Confiscation (The Termite Approach)- Call your Senator T O D A Y !!!
Tuesday, May 12
· Common Sense Gun Law in Utah
Friday, May 08
· Montana has signed into power a revolutionary gun law
Wednesday, February 11
· Waterside -because of the City's financial interest in the mall, the mall is con
Thursday, June 26
· DISTRICT OF COLUMBIA ET AL. v. HELLER Second Amendment Reborn
Monday, March 03
· Gun Rights to Face Supreme Court's EYE


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     US Supreme Court Today
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