Photo of handgun and ammo in an article on gun rights and the Second Amendment written by Allen West for The Old School Patriot.

The Second Amendment and Judicial Activists

In Culture, Front Page, Second Amendment, US Constitution by Allen West

Greetings, folks! Well, I am on my way out to Las Vegas for the Wrangler National Finals Rodeo. I will be visiting folks, and signing my new book, Hold Texas, Hold the Nation: Victory or Death.” If you are out in Vegas for the WNFR, I hope to see ya. This will be my first time being at the WNFR, but I have attended a few rodeo events here in Texas. Gotta tell ya, that bull riding thing is for the really courageous. I would rather take on a platoon of the Taliban with a pistol and two magazines of ammo.

Oh, by the way, speaking of pistol magazines, it appears that, once again, there are folks who fail to comprehend the concept and phraseology of the Second Amendment where it says “shall not be infringed.”

As reported by The Hill:

“A federal appeals court on Wednesday ruled that a New Jersey law banning the sale of high-capacity magazines in the state does not violate the Constitution, handing a victory to gun control advocates and the state’s attorney general. 

The three-judge panel said in their ruling that the law limiting the size of a magazine to 10 rounds did not violate the constitutionally protected right of New Jersey residents to self defense and did not present an undue burden for gun owners who currently own magazines that would become illegal under the new law, citing their ability to obtain new magazines or register guns that cannot be modified to hold 10 shots or less. Previous laws in the state, passed in 1990, limited magazine sizes to 15 rounds.

“New Jersey’s law reasonably fits the State’s interest in public safety and does not unconstitutionally burden the Second Amendment’s right to self-defense in the home,” the court wrote.

“The law also does not violate the Fifth Amendment’s Takings Clause because it does not require gun owners to surrender their magazines but instead allows them to retain modified magazines or register firearms that have magazines that cannot be modified,” the opinion continued.”

I am trying to understand what business government has in trying to tell law-abiding citizens how many bullets they can carry in their legally obtained firearms? What’s next, someone saying that you really only need a magazine that holds five rounds? Or, heck, someone may suggest that since the Second Amendment was written at the time of single shot pistols and rifles, then, a strict interpretation would mean a person only needs one round, and then reload.

I know what y’all are saying, “shut up Colonel, you are giving the chuckleheads ideas.” Trust me, if you think the progressive socialist left is done with this issue, you are gravely mistaken. There is a second result: if you have a weapon that cannot be modified to accommodate the ten round magazine edict, then you will have to register it. And, I would believe, that if you do not register the weapon, you can then be held in violation of a stupid law, as a law-abiding, legal gun owner that has not done anything wrong, well, except for being a law-abiding, legal gun owner.

There can be no doubt about this very simple fact: the progressive socialist left is anti-gun. They are going to do everything they can to render law-abiding citizens defenseless, and turn them into subjects. Instead of dealing with the real issue in gun violence, criminals and mental illness, the left sees this as an opportunity to undermine the Second Amendment.

It starts in these ultra blue, failing, states. Now, you understand why the left went into a high-level apoplectic meltdown over losing control over the Supreme Court? Yes, this case needs to go to the Supreme Court. The left has always looked to the courts as one of their three branches of rule, the other two being academia and the media.

Who are these three “judges” to make the determination of how many rounds I should have in my legally purchased pistol? Yes, you black-robed judicial activists, you are infringing on my Second Amendment right, therefore this decision is unconstitutional. Furthermore, you are decreeing from on high that I must register something for no other reason than you say so? If this is not exactly why we fought for our independence as a nation, give me a better example. This is how liberty, and individual rights, are slowly removed.

Yes, you black-robed judicial activists, you are infringing on my Second Amendment right . . . Molon Labe. Click To Tweet

Let me give you a counter comparative analysis: let a red state seek to implement any infringement upon a progressive socialist sacred cow “right.” Hmm, let’s say a red state sought to limit the so-called “right” to kill unborn children. Well, you know exactly what will happen. Remember Texas State Senator Wendy Davis and her pink sneakers, and the ruckus in the Texas Senate chamber because of aforementioned initiative? The progressive socialist left will fight you tooth and nail over defending what they want . . . their court defined right.

See, our Constitution says nothing about someone having the right to kill an unborn child, a court made that decision. As a matter of fact, our founding document, the Declaration of Independence, articulates that our first unalienable right, endowed by our Creator is Life. However, if you say anything contrary to the leftist dream, actually Margaret Sanger’s, of murdering unborn children as a means of birth control, even late-term, you will see another leftist apoplectic meltdown of the highest degree.

But, since legal, lawful gun ownership, via the Second Amendment, is despised by the progressive socialist left — and it is a firmly stated Constitutional right — it is dismissed, disregarded, and disrespected.

Let me give you another example: what if a red state said that they are not going to recognize same-sex marriage? Yeah, you know where I am going. We recently shared with you the story of a Hollywood producer who is going to spend his resources on defeating what he calls “anti-LGBT” congressional representatives.

So, why does the left attack the National Rifle Association (NRA) of whom I am a Board Member, which uses its resources to defend the Second Amendment and defeat legislators who are “anti-gun?” Yep, because the left has its sacred cows that cannot be touched, in their minds.

Remember, same-sex marriage being declared the “law of the land” is not constitutional, the Supreme Court cannot make law. But, in the SCOTUS Obergefell v Hodges case, in a 5-4 decision, the court decreed that same-sex marriage was the “law of the land.” How damn funny that the Second Amendment, which is part of our US Constitution, is not regarded as the “law of the land” in the view of the progressive socialist left.

I am sick and tired of the left cherry picking what they accept as law. The ideological agenda of the left is not the law we follow. It's high time we stop all of these unconstitutional decisions decreed by these judicial activists. Click To Tweet

Look, I am sick and tired of the left cherry picking what they accept as law. The ideological agenda of the left is not the law we follow. And it is high time we stop all of these unconstitutional decisions being decreed by these judicial activists. Furthermore, the time has come to stop allowing blue state legislators to enact laws that are contrary to our nation’s rule of law.

I tend to believe that New Jersey has more pressing issues than how many rounds a law-abiding, legal, gun owner can have. I would hope that the people in New Jersey would study a little history and realize that suppression of individuals being able to arm and defend themselves against tyranny was what began our quest for the establishment of these United States of America. Our Founders tried every meaningful and diplomatic measure to reach an agreement with the British. However, when the British made it clear they wanted subjects, and not citizens, a shot was fired, heard ’round the world.

I implore the good people of New Jersey to file suit and take this decision to the US Supreme Court. We have had Heller v. DC and McDonald v. Chicago, and yet the progressive socialist left will not relent in their goal of undermining our Second Amendment right.

To you tyrannical leftists out there, word to the wise, ask King George III how it worked out.

Molon Labe.