The United States Court of Appeals for the third circuit will be holding a full-hearing on an important case challenging gun laws in New Jersey; specifically the court will hear a case challenging the NJ gun law that requires Americans provide “justifiable-need” to government to own a handgun.
A three judge panel in the US Court of Appeals for the third circuit affirmed a prior court decision ruling by a 2-1 vote in favor of the NJ gun law requiring residents give justifiable-need to own a gun. The defendants have appealed and will proceed to a US Court of Appeals full-hearing, which could then head to the supreme court.
Thanks to coverage by Maryclaire Dale at the Associated Press, the dissenting judge’s brave-words can be heard; Judge Thomas M. Hardiman argued:
“the Second Amendment trumped state law, because the need for self-defense exists within and outside the home.”
Thanks to Salvador Rizzo at NJ.com, the state of mind and bias of the 2 affirming judges can be further exposed and summarized in their own words. Americans who want to purchase a gun are required to prove to government they have:
“urgent-need for self-protection”
The Right to self-defense is self-evident.
As Judge Thomas M. Hardiman stated, to live, you must survive, to survive, you must be able to defend yourself. You must be able to exert control over your body, your property, and interact with others in way of fun, or in way of mutual exchange, benefit, trade, and in defense. Just as the rights of free speech, and freedom of expression, are self-evident, the right to self-defense is so.
The Second Amendment clearly enumerates the right of a free people to supply themselves “necessary to the security of a free state”, and to form and maintain a “well regulated Militia”. A Militia is not a group of handgun-carrying citizens; it is a well-armed group of citizens, likely carrying Military grade weapons, such as assault/defense rifles.
“If you have a right to bear arms, and the Constitution says that you do, then whatever else the state might do, it can’t say that you’re not entitled to exercise the right unless they agree that it happens to be a good idea…”
-Attorney challenging the NJ Gun Law, Alan Gura, quoted by CBS Local
This specific violation in New Jersey gun laws would be exactly like the government requiring you provide justifiable need to purchase groceries for your family, purchase a home to shelter yourself, or purchase a vehicle to travel.
Because all of these kinds of property provide a function, satisfy a need, or satisfy a want, and a gun is a piece of property that provides a function and so on, the government is literally prohibiting an American from purchasing a specific type of property, and threatening jail time for purchasing or utilizing that piece of property without their permission and a justifiable need approved by government.
The NJ government is requiring its citizens, by threat of imprisonment, justify their need to defend themselves and those they choose to interact with and love.
Just three statistics from Gun Owners of America expose the court’s disgusting affirmation and the disgusting effects of ignorant and truthfully evil lawmakers:
- “Guns are used 2.5 million times a year in self-defense. Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year—or about 6,850 times a day.(1) This means that each year, firearms are used more than 80 times more often to protect the lives of honest citizens than to take lives.(2)”
- “Of the 2.5 million times citizens use their guns to defend themselves every year, the overwhelming majority merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8% of the time, a citizen will kill or wound his/her attacker.(22)”
- “As many as 200,000 women use a gun every year to defend themselves against sexual abuse.(23)”
The Constitution did not have an expiration date; its amendments were not to be followed only to a certain year, or only to a certain extent of technology. The Rule of Law, the Constitution, is law based on predetermined principles and values, not to be sacrificed, but to be used to guarantee the freedom of individuals from government, to grow, create, own, and utilize.
It is governments which must require justifiable-need to violate a person’s rights. 238 years have passed, and things have changed, but the beautiful property of the Bill of Rights, the Rule of Law, and Natural Rights is that they are timeless.
Judges will work in cohorts with planners to attack gun rights, police departments willuse and request militarized equipment, police will attempt to occupy American’s homes, dogs will be used to search Americans, and SWAT teams will conduct lawless raids, but their actions will only be exposed more and more, their continued violations will only perpetuate the opposition, they will forever be wrong, free men will forever defend those offended Rights, and the state will never conquer the minds of men.
I advise and will assist in close-watch of this case, and recommend “eternal vigiliance” in defense of the Rights in discussion.