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Started By
Message
NM tyrant governor gets court win in her war on 2A
Posted on 10/15/23 at 4:58 am
Posted on 10/15/23 at 4:58 am
New Mexico governor wanted to override the Second Amendment with her own signature. Got shot down temporarily, but a judge, appointed by Biden has decided that a part of her tyrannical declaration is legit. Two issues here - this was a public health order from the governor, so she attacked the Second Amendment on her own signature, and the substance of the order whether from her or if it had come through the legislature, would still be unconstitutional.
Colion Noir has a short video to discuss it
The judge decided that places like parks and playgrounds are "sensitive places" and thus the 2nd Amendment does not apply. It's more nuanced than that but that is the gist.
In Heller the "sensitive places" aspect was discussed but it was not fully defined and parameterized, to my understanding. In a nutshell it means these are places where guns can be prohibited without violating the 2nd Amendment: such as schools or government buildings. It gives a presumption of legality to restriction, so long as it's a "sensitive place". The problem is that 2A is a right, and there should never be a presumption of legality when a right is abrogated. I think Heller got these restrictions incorrect and should have placed a higher burden on the government in this area.
Many times this has been construed as a place where, presumptively, armed law enforcement is present and thus protection is afforded and so one does not need to personally have a firearm for purposes of self-defense. Honestly it's too long of a topic for a concise post - the point here is that a Biden judge has grossly broadened the scope of "sensitive places" in order to uphold this unconstitutional, tyrannical order.
Either this makes it to SCOTUS and they parameterize "sensitive places" or this precedent will lead to more infringement and more abuse.
Colion Noir has a short video to discuss it
The judge decided that places like parks and playgrounds are "sensitive places" and thus the 2nd Amendment does not apply. It's more nuanced than that but that is the gist.
In Heller the "sensitive places" aspect was discussed but it was not fully defined and parameterized, to my understanding. In a nutshell it means these are places where guns can be prohibited without violating the 2nd Amendment: such as schools or government buildings. It gives a presumption of legality to restriction, so long as it's a "sensitive place". The problem is that 2A is a right, and there should never be a presumption of legality when a right is abrogated. I think Heller got these restrictions incorrect and should have placed a higher burden on the government in this area.
Many times this has been construed as a place where, presumptively, armed law enforcement is present and thus protection is afforded and so one does not need to personally have a firearm for purposes of self-defense. Honestly it's too long of a topic for a concise post - the point here is that a Biden judge has grossly broadened the scope of "sensitive places" in order to uphold this unconstitutional, tyrannical order.
Either this makes it to SCOTUS and they parameterize "sensitive places" or this precedent will lead to more infringement and more abuse.
15
Posted on 10/15/23 at 5:28 am to POTUS2024
quote:
- this was a public health order from the governor
No, it was gun control under the guise of public health.
Posted on 10/15/23 at 6:20 am to POTUS2024
quote:
Either this makes it to SCOTUS and they parameterize "sensitive places" or this precedent will lead to more infringement and more abuse.
They need to do this sooner than later. I don’t have a lot of faith in our current scotus, but it’s a bit of a concern it won’t get any better in the future.
Posted on 10/15/23 at 6:31 am to WhiskeyThrottle
These public health orders are insane in scope and need to be changed at the state level. i don't know if the can be limited by the Supreme Court.
Posted on 10/15/23 at 6:52 am to ironwood
Okay, but at the end of the day someone has to enforce it and local PD already said they aren’t enforcing shite
Posted on 10/15/23 at 7:27 am to BearCrocs
quote:
, but at the end of the day someone has to enforce it and local PD already said they aren’t enforcing shite
Just wait.
When all the "good" cops quit or retire because they are fed up with leftist policy (and I have seen this personally already in the police and military) they are being replaced with communist foot soldiers. You think 9 million illegals are only allowed in to farm amd paint houses? Guess what- they will be cops and they don't give a frick about the 2nd ammendment
Posted on 10/15/23 at 7:32 am to POTUS2024
The sheriffs aren't going to have their folks enforce her BS. So what's she going to do? Call in the New Mexico National Guard?
That could get ugly in the four SE counties of her state.
That could get ugly in the four SE counties of her state.
Posted on 10/15/23 at 7:35 am to ragincajun03
quote:
The sheriffs aren't going to have their folks enforce her BS.
They need to take it to the next level and start arresting governors who do this.
Posted on 10/15/23 at 7:54 am to ksayetiger
quote:
When all the "good" cops quit or retire because they are fed up with leftist policy (and I have seen this personally already in the police and military)
Fact…I’ve had several conversations with officers over the last few weeks…Shreveport down over 200 officers, LSP down 800…who do you think replaces them?
Posted on 10/15/23 at 7:59 am to BearCrocs
Just another case, pun intended, of lawyers wanting to get all tangled up in the nuances of nonsense they invented to make money, and in the process use the courts to pass laws rather than legislatures.
What is the intention of the law. If its public safety, do you honestly think a person intent on harming someone is going to abide by this law, of course not. Then what is the true purpose, to restrict the 2nd amendment, its thrown out.
No need for long drawn out debates and previous cases and precedents. However, whoever brought this to the courts should have their license removed for tying up the courts with such trivial nonsense, it would stop a lot of it in the future.
What is the intention of the law. If its public safety, do you honestly think a person intent on harming someone is going to abide by this law, of course not. Then what is the true purpose, to restrict the 2nd amendment, its thrown out.
No need for long drawn out debates and previous cases and precedents. However, whoever brought this to the courts should have their license removed for tying up the courts with such trivial nonsense, it would stop a lot of it in the future.
Posted on 10/15/23 at 8:00 am to POTUS2024
When you become Prez what are you going to do about something like this?
Posted on 10/15/23 at 8:05 am to ragincajun03
quote:
The sheriffs aren't going to have their folks enforce her BS. So what's she going to do?
She has already said that the State Police will be acting as the commie enforcement crew.
Posted on 10/15/23 at 8:13 am to POTUS2024
quote:
Many times this has been construed as a place where, presumptively, armed law enforcement is present and thus protection is afforded and so one does not need to personally have a firearm for purposes of self-defense.
Kinda like that school in Uvalde where the cops were right there to protect those kids.
The sensitive place BS is doing nothing more than creating kill zones.
Posted on 10/15/23 at 8:23 am to momentoftruth87
quote:
They need to take it to the next level and start HANGING governors who do this.
FIFY
Posted on 10/15/23 at 8:52 am to POTUS2024
The marxists always have a judge willing to violate the rights of citizens.
Posted on 10/15/23 at 8:59 am to POTUS2024
I foresee a win at the USSC. I hope that they go scorched earth and use this case to set a very conservative interpretation of the 2nd.
Posted on 10/15/23 at 9:01 am to fjlee90
quote:
...use this case to set a very conservative interpretation of the 2nd.
I'm not going to hold my breath on that bit
Posted on 10/15/23 at 9:12 am to troyt37
quote:
The marxists always have a judge willing to violate the rights of citizens.
Plus some judge in Hawaii who will put a restraining order on any executive order they don’t like.
Posted on 10/15/23 at 9:17 am to POTUS2024
A Dim governor of a border state is more concerned with residents NM not having 2A protection and the necessary firearms to protect their property and life .....while the state's southern border is wide open to thousands of illegals flooding into NM bringing diseases, drugs, human trafficking, etc.
Posted on 10/15/23 at 9:20 am to Bass Tiger
NM has always been the retarded cousin of Cali, Arizona, and Texas with regard to a lot of things.
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