Marti Oakley ©copyright 2013 All Rights Reserved
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“I have no doubt that chapstick is being widely used today by those we elected in the Minnesota legislature, in preparation for Monday’s lovefest with Obama . Maybe someone will think to pass out knee pads, also.”
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In anticipation of the appearance of King Obama on Monday, February 4th, four DFL’ers here in Minnesota submitted their [coincidentally identical to Obama’s] proposed legislation that infringes on the 2nd Amendment. Not only have these people decided that they are not constrained by the Constitution for the United States, Supreme Court rulings or any other lawful obstacle to infringing on the 2nd, they also seem
to have forgotten the oath they swore upon taking office declaring that they would defend that Constitution.
Republicans had this same selective amnesia during the Bush/Cheney Crime Administration and worked tirelessly to strike down not only our rights, but the Constitution in total.
Each member and officer of the legislature before entering upon his duties shall take an oath or affirmation to support the Constitution of the United States, the constitution of this state, and to discharge faithfully the duties of his office to the best of his judgment and ability.
Apparently, judgment and ability is in short supply in the Minnesota House and Senate. What a surprise!
SF 235: Modifying the lawful possession of firearms
This bill is on the hotlist of bills in Minnesota and is an ex post facto law.
Ron Latz, the DFL senator from District 46, appears to have no knowledge whatsoever about the 2nd Amendment or previous SCOTUS rulings or even the state constitution and also appears to be suffering from selective amnesia with regards to that oath of office he and several other DFL’er’s took.
Gun control state by state
On Monday, Obama is to appear in what is billed as a public meeting (that really isn’t unless you support his desires) in the Minnesota legislature. Once there, his mere presence will cause the bending of many legislative knees, and from this position, that great sucking sound you will hear will be the result of numerous legislative lips, both Democrat and Republican, puckering in supplication and submission as he promotes his state-by-state efforts to pass the beginnings of gun banning and confiscation.
Obama is clearly aware that neither he, nor the jackasses in the District of Criminals, have any power or authority to tamper with the 2nd Amendment. Having possibly realized that his efforts to begin gun confiscation by limiting or infringing even minimally on the 2nd Amendment, would most likely be met with hard core legal battles, the Administration is attempting to coerce the states into passing laws that coincidentally, reflect the Administrations’ wish list.
I suppose if you can’t strike down the 2nd Amendment right to keep and bear arms with an executive order issued from the office of the chief executive of the federal corporation, the next best thing is to get it done piecemeal within the states themselves. The only place an executive order would have any lawful authority is in the District of Columbia, insular possessions and territories.
These proposed bills constitute ex post facto laws, strictly prohibited not only in the state Constitution, but also in the federal constitution.
HF242 + round magazine ban No grandfathering
HF243 + round magazine ban No grandfathering
Prohibition Against Ex Post Facto Laws
What is an ex post facto law?
The state is expressly prohibited from enacting an ex post facto law by article I, section 10 of the United States Constitution and article 1, section 11 of the Minnesota Constitution.
An ex post facto law is one that (1) applies to events occurring before its enactment, and (2) disadvantages the person affected by it. The purpose of this limitation is to ensure that individuals have fair warning of legislative acts that could operate to their disadvantage.
An ex post facto law is one that has the purpose or effect of creating a new crime, increasing the
punishment for an existing crime, depriving a defendant of a defense available at the time the act
was committed, or otherwise rendering an act punishable in a different, more disadvantageous
manner than was true under the law at the time it was committed.
These proposed bills in Minnesota constitute ex post facto laws: Each takes what was formerly your right and converts it into a crime. These proposals are in fact in conflict with the state and federal constitutions.
Sec. 11. Attainders, ex post facto laws and laws impairing contracts prohibited.
No bill of attainder, ex post facto law, or any law impairing the obligation of contracts shall be passed, and no conviction shall work corruption of blood or forfeiture of estate.
Ex post facto is an unlawful act of government. It attempts to make what is currently your Constitutional or inalienable right, into government controlled privilege or, to criminalize your rights.
District of Columbia v. Heller, 554 U.S. 570 (2008), was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves. The decision did not address the question of whether the Second Amendment extends beyond federal enclaves to the states,[1] which was addressed later by McDonald v. Chicago (2010). It was the first Supreme Court case in United States history to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense.[2]
The Court answered this question in McDonald.
In a five-four split decision, the McDonald Court held that an individual’s right to keep and bear arms is incorporated and applicable to the states through the 14th Amendment’s Due Process Clause. Writing for the majority, Justice Alito observed: “It is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty” (p. 31). “The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.” In a separate concurring opinion, Justice Thomas wrote that the 2nd Amendment is fully applicable to states because the right to keep and bear arms is guaranteed by the 14th Amendment as a privilege of American citizenship.
On June 26, 2008, the Supreme Court affirmed the Court of Appeals for the D.C. Circuit in Heller v. District of Columbia.[3][4] The Court of Appeals had struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are “arms” for the purposes of the Second Amendment, found that the District of Columbia’s regulations act was an unconstitutional banning, and struck down the portion of the regulations act that requires all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock.” “Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975.”[5]
The law is on the side of the people in this particular case. Not that that matters when it comes to those in government. It is a rare occasion these days when those we have elected have any clue as to what the law is and even rarer still that they give a damn.
I have no doubt that chapstick is being widely used today by those we elected in the Minnesota legislature, in preparation for Monday’s lovefest with Obama . Maybe someone will think to pass out knee pads, also.
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Resources:
HF184 – Centralized register of individuals who voluntarily wish to be ineligible to purchase firearms for a self-determined period of time maintenance and creation required; acceptance of voluntary surrender of firearms and ammunition from persons on the voluntary register and establishment of procedures for return of the firearms and ammunition upon request by chiefs of police and sheriffs mandated.
Pistols and semiautomatic military-style assault weapon transfer and firearm possession eligibility provisions modified, and criminal penalties provided. Requires background checks for all pistol and military style weapons. Also appears to remove the court adjudicated portion or mentally ill provisions. Another “no evidence needed” Act.
HF242 + round magazine ban No grandfathering
HF243 + round magazine ban No grandfathering
HF238 Now a felony to carry concealed at a school instead of a misdeamor
HF240 Mental health screening required in certain circumstances for pistol permits
HF241 AWB, 1 feature
Ex Post Facto Laws
http://www.house.leg.state.mn.us/hrd/pubs/ss/clssexpost.pdf
Minnesota Senate Bills
http://www.senate.leg.state.mn.us/bills/billinf.php?ls=88&billnum=205
Pistols and semiautomatic military-style assault weapons transfers and possession eligibility; criminal penalty provisions
http://www.senate.leg.state.mn.us/bills/billinf.php?ls=88&billnum=46
Firearms possession restoration for violent felons repeal
http://www.senate.leg.state.mn.us/bills/billinf.php?ls=88&billnum=64
Convicted violent felons gun ownership rights restoration authorization
http://www.senate.leg.state.mn.us/bills/billinf.php?ls=88&billnum=69
Retired peace officers firearm carry without permit authorization
MN HR 242 https://www.revisor.mn.gov/bin/bldbill.php?bill=H0242.0.html&session=ls88
MN HR 243 https://www.revisor.mn.gov/bin/bldbill.php?bill=H0243.0.html&session=ls88
HF 241 https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF0241&ssn=0&y=2013
Minnesota Constitution https://www.revisor.leg.state.mn.us/constitution/
McDonald http://www.cga.ct.gov/2010/rpt/2010-R-0314.htm
Feb 04, 2013 @ 16:54:10
With all that’s being done TO us, American citizens, and all of the unconstitutional “laws” and the whole DHS “EVERYONE is a TERRORIST!” attitude, the cops being militarized and, to a great extent, being rendered, HOWEVER they do it, more aggressive and less accountable for it, all of the Americans in prison for “crimes” that should not BE crimes – it’s become painfully obvious. They are doing their best to render as many of us as possible damaged, useless, tired, sick, poor, unable to concentrate and trying too hard just to survive to fight back. Congress ignore us – because the government ISN’T the government – it’s a corporation for profit registered with Dunn and Bradstreet that took over after the Civil War without telling us that the actual elected government was gone. Now all that they’ve stolen is not enough. The “elites” have been talking about their New World Order more and more, and the false-flag ops from the corporation they own, the “UNITED STATES, INC.” are coming more often and with less caution about not getting caught because they know no one will actually DO anything. There are even videos and articles out to show us what the few hundred thousand remaining alive will be living in and where – barracks, essentially, in the Northeastern U.S. The rest is supposed to be returned to nature (except for the “elites” who wish to live there).
Yes, the word is “Takeover”. And they MUST get the guns away from as many citizens as possible. Look at how we’re being poisoned: GMOs that are KNOWN to cause organ damage, system damage, sterility and other problems, mercury and other well-known toxins plus weaponized diseases in vaccines, the science of which has been clearly shown NOT TO WORK. Food additives galore that are ALL toxic in one way or several. Now look up an article with this name: “Death, Lies and Mutations, What the Military Kept from the Public on Microwave Radiation Part 1″ Then look up part two. I live at the intersection of no less than eleven networks. Even if we quit using it, we’re continually being saturated. And a lot of people I know, including us, are ill, have trouble resting, concentrating… the symptoms of all of these things are well-documented. Stopping the “gun control” the Constitution forbids (and the Constitution you know has itself been altered – check the title, and check the 13th Amendment – look up “The Missing 13th”). Keeping the guns is a beginning, though there are a great many poor and disabled like me who can’t afford even those AND to eat and keep a roof overhead) but there’s a LOT more wrong than just that! I wish I had a plan, a total solution, but I don’t. The power arrayed against us has a lot of science, insane amounts of money, and plenty of sociopaths and psychopaths ready to do whatever they’re ordered to. Next is a ‘Third Term” for guess who?
Luck to us all!
Ian
Feb 03, 2013 @ 22:33:54
Every effort to resist this must be made; in every state, on every occasion. Do not give up and do not rely on someone else. As Americans, we live in a time where we may have the opportunity to be patriots as in the past.
Feb 03, 2013 @ 18:53:55
Great Job, Everyone who can needs to be at the state office building on Tue 5th at before 10 am. Put down the fluoride filled beer and the GMO chips and Please get this article out to everyone you know. This is from OathKeepers, “We will NOT obey orders to disarm the American people.” People like Lindsey Graham have already declared ” America is a battlefield.” See you there! There is also public hearings on wed and thur @ 10 am.
Feb 03, 2013 @ 18:38:02
Show me a President that has ever gone from state to state to do this Maybe the more liberal states will have already done this. Me? I’m moving from kalifornia to Montana