Appeals court strikes down federal gun law as unconstitutional

US-CourtOfAppeals-6thCircuit-SealFrom HumanEvents.com:

by John Hayward

It might not get the news coverage it deserves with everything else going on at the moment, but the unanimous ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati against a federal gun law is a very big deal.  The court held that the federal ban on gun ownership by people who have been committed to a mental institution is an unconstitutional violation of the Second Amendment.  Rulings of that caliber (if you’ll pardon the pun) don’t come down all that often.  The previous instance was the Supreme Court’s Heller ruling against Washington D.C.’s firearms ban in 2008, which those on both sides of the gun control debate would agree was a very big deal.

Today’s ruling was prompted by the efforts of 73-year-old Clifford Charles Tyler to purchase a gun.  His application for a permit was denied because he spent one month in a mental institution, in 1986, due to emotional problems following his divorce.  (According to the background material in the 6th Circuit Court decision, his ex-wife allegedly cleaned out his bank accounts and ran off with another man, leaving Tyler so despondent that he wept incessantly, couldn’t sleep, and had suicidal thoughts.  He was committed for treatment after his fearful daughters called the police.  He never did anything more violent than pound on his own head in despair.)

This is an interesting case as, currently in Fornicalia, state law allows law enforcement officers to confiscate those firearms in possession of persons taken into custody via 5150 W&I — and bars those committed for same from owning firearms.

Of interesting note:

The Wall Street Journal captures some reactions that suggest the Tyler case could have ramifications for other gun laws:

Lucas McCarthy, Mr. Tyler’s lawyer, called the ruling “a forceful decision to protect Second Amendment rights,” and said he hoped it that it would have “a significant impact on the jurisprudence in the area of gun rights.”

[…] Adam Winkler, a Second Amendment expert and law professor at the University of California, Los Angeles, said the ruling could give momentum to the gun-rights movement. “I wouldn’t be surprised to see legal challenges to other parts of the [federal gun] law now,” he said.

Mr. Winkler also said the ruling could prompt Republicans in Congress to move to set up a new “relief from disabilities” program that would allow people to prove they are fit to own guns.

Unusual, these days, when a federal court goes against gun control parameters considering the current temper of the DC times.  Unanimous opinion of the three-member panel is here.

BZ

P.S.

Fornicalia Cop Note: I don’t necessarily disagree with the 5150 portion of CA law.  That said, please read the details of the case.  Tyler’s proscription was from one incident that occurred back in 1986, which would task anyone.

 

Obama appoints callow anti-gun youngster as national Surgeon General

Vivek Murthy SGAnd a perfect appointment it is for you, sir, and perfectly in keeping with your anti-American bias.

From the NationalJournal.com:

Senate Confirms Gun Control Advocate as Surgeon General

by Sarah Mimms

The Senate narrowly confirmed a new surgeon general whose nomination was delayed for months in a fight over his comments alleging that guns are public health issue. The confirmation represents a victory for gun control advocates, even as recent polling has shown Americans moving in the other direction toward gun-rights protections.

The Senate’s 51-43 vote confirming Massachusetts Doctor Vivek Murthy to be the next surgeon general underscores divisions in Congress over gun control and the unwillingness of many members, particularly moderate Democrats, to stand out on the issue.

Another “bite me” from the outgoing Leftist Senate, akin to Feinstein’s release of the so-called Demorat-crafted-only “torture report.”  Vivek Murthy is perfectly in keeping, at 37, with Mr Obama’s diminishment of America.

Get prepared for your doctor’s insistence upon questioning you regarding firearms in your household — if it hasn’t yet occurred.

If my doctor deigns to go there, he will be the recipient of a brusque answer he won’t care for — but proffered in as much a dismissive and disrespectful manner as I can possibly submit.

Because it isn’t any of his or her business.

BZ

 

Surprising news about firearms in homes

right to bear armsFrom TheBlaze.com:

Guess What Twice as Many Americans Are Saying About Guns Now as Compared to 10 Years Ago

by Zach Noble

“Having a gun in the house — safer or more dangerous?”

If you asked Americans that question 10 years ago, the majority would have answered, “More dangerous,” but in 2014, the tables have turned.

According to a Gallup poll released Friday, nearly two-thirds of Americans say that having a gun makes a home safer — almost twice the percentage that said guns made homes safer in the year 2000.

Why do you suppose this might be?

I have a very specific idea, myself.

Please weigh in.

BZ

 

Demorats say: this is “an election about nothing” — when instead it’s an election about EVERYTHING

[Transparency, no more secrecy. Just the beginning of the lies. Ask our AMM journalists about Mr Obama’s transparency and that of the Spite House.]

The Demorats do in fact say this midterm is “an election about nothing.”

There is nothing more insulting and arrogant than that phrase.

I’d say this election is, oh yes, about everything.  Everything “progressive” and Leftist and Democrat-oriented in nature.

Dan Balz says:

Today, Obama looks more like Bush of 2006, when Democrats took back the House: The numbers for Obama are almost identical overall, and the breakdowns by party are as well.

Demorats insist all is well; Obama is in power, the federal government needs to take care of you, you poor ignorant and unwashed masses. All is well, the economy has never been stronger, our social structure has never been more tolerant and forgiving, we are more adored and respected internationally than ever, because we support our friends and eschew our enemies.

Pay no attention to Benghazi, to Fast and Furious, to the IRS, to the NSA, to the CIA, to the cultural crafting and sculpting of our nation, and abuse of our military and our veterans.  Pay no attention to the actions of Hillary Clinton, Pelosi, Napolitano, Blum, Lerner.

Pay no attention to the IRS auditing of Dr Ben Carson and various TEA Party organizations.  The lies of John Koskines and Lois Lerner.

Pay no attention to the devastating impact of ObamaKare and the fact that Mr Obama nakedly LIED about its affects on your own doctor and your health:

But that was only one of many lies from Mr Obama and his minions.  We have CIA Director John Brennan who LIED time and again — but who only became an issue when the CIA began tapping the computers of DC politicians:  Things were bad only when their ox was gored.

Pay no attention to the initial LIES of Hillary Clinton involving the assault on the Benghazi consulate — being the result of a lame video created by a federal parolee — that in fact had NO bearing on the killing of four United States citizens.  Pay no attention to the callous and arrogant disregard that Hillary Clinton had for said killings:

Pay no attention to the US Debt Clock, and the fact that Mr Obama has racked up more debt than all prior presidents combined, to the tune of $17,906,300,000,000.  With a population of 320 million persons, that puts each individual’s unfunded liability at $385,579.49 — for a few minutes.  Then it goes up again.

Pay no attention to the fact the Mr Obama was responsible for “Cash for Clunkers” which failed (costing much more than it purported to save), millions to Solyndra (which failed), millions to so-called “green energy” which failed.  Pay no attention to the fact that Mr Obama himself decided which automakers would succeed or fail, was responsible for the untold number of car dealerships closing and the laying-off of employees who worked (past tense) there.

People forget that Obama sent actual armed agents to raid the factory of Gibson Guitars, because of limp-wristed and specious allegations about the wood they were using in their instruments.  Obama’s NLRB didn’t want Boeing to open a factory in South Carolina because it was a “right to work” state and didn’t mandate employees to be unionized, so they refused to allow Boeing to move.  The UAW made off like — literally — bandits when Obama rigged the bankruptcy hearings of Chrysler and GM when bondholders and creditors were kicked aside.  Ford, you recall, didn’t take government bailout cash.

The BP oil spill occurred because EPA and environmental regulations mandate that drilling rigs be located so far from our shores; the further from shore, the deeper the drilling and the more unstable and difficult the drilling and the platform.  Don’t forget, Obama sent millions of dollars to Brazil in order for them to drill off their shores.  Drill of our own shores, closer? No way.

Let’s continue to talk about oil.  Mr Obama clearly embraces Blood Oil and Conflict Oil, just as he eschews Conflict Diamonds or Blood Diamonds.  No matter that untold persons are killed in the Middle East because of the issue of oil.  We could be well on our way to energy independence in an agreement with Canada involving the Keystone XL pipeline but, no, Mr Obama prefers to limit our own drilling and fracking so that we are dependent on external oil sources.  This makes no sense whatsoever.

Obama Media LapdogAll during this time, however, according to the American Media Maggot lapdogs, Mr Obama can do little if anything wrong.  The AMM continue to wear their Official Obaka Blinders gift set.

Mr Obama has set some remarkable precedent by writing a host of Executive Orders that purposely have bypassed the US Congress because he perceives they are not lining up appropriately for his wishes.  His has become an Imperial Presidency that minds not ruling by fiat.

Obama Imperial Congress Won't ActIn that vein, His Imperial Highness has deigned that illegal immigrants will be granted roughly blanket amnesty, moving this country from a “nation of laws” into the “nation of the lawless” category.  Numerous border Sheriffs and Chiefs have said that, if amnesty is granted, the floodgates will be opened and there will be no turning off the spigot.

My department, one week ago, was impacted directly by our porous borders, when an illegal Mexican working for the Sinaloa Cartel killed Deputy Danny Oliver and, a short time later, Placer County Detective Michael Davis.

Pay no attention to the thousands and thousands of illegal immigrant South American children imported into this country carrying diseases that — oh no! — brought disease to our own children, to include the enterovirus, according to the CDC.  Thank you kindly, Mr Obama, for ensuring our borders continue to be porous.  We need more Mexican criminals and imported diseases we haven’t seen for years.

Let us not forget Mr Obama’s smooth tactical move in releasing five Guantanamo terrorist leaders in exchange for the absconding traitor Bowe Bergdahl.  Brilliant, that.

The VA absolutely fell apart under Mr Obama, resulting in the forced resignation of General John Shinseki.  Nicely monitored, sir; you continue to show you couldn’t care less about our military personnel on duty, and their care after service.

Let’s not forget about the truthful, honest and humble Kathleen Sebelius, whose selling of ObakaKare was in conflict with her simultaneously tasked with enforcing it.  An abomination of arrogance and incompetency.  Goodbye, bitch.  Write when you find work.

At this point, do we begin to see some running memes yet, to include rampant arrogance, incompetence, unchecked conceit, unbridled egos, and the NPDNarcissist Personality Disorder — of Barack Hussein Obama?

Who listened to the private phone calls of Fox News reporter James Rosen under Obama?  Some Republican?

The EPA under Director Lisa Jackson harassed businesses.  Anyone remember or care?

Let us not forget: most everything done under Obama simply fails.  Despite Mr Obama being in control of the Spite House Bully Pulpit, the American Media Maggots and the US Senate.  How is this possible?

Let us not forget: Mr Obama believed that the Fort Hood Shooting was nothing more than an itty-bitty bit of occasional workplace violence.  “Allahu Akhbar” just doesn’t factor, as exclaimed by Nidal.  Likewise the Oklahoma beheading of a female employee by an Islamist trying to convert fellow employees is simply another untidy bit of workplace violence.  Vaughn, CEO of the business, according to Obama, was out-of-order in shooting at the Muslim.  Clearly, Vaughn was a Religionist and hates Muslims.

Healthcare.gov?  The million-dollar website that never worked?  Fabulous, that.

Let’s not forget Obama’s sotto voce to Russia’s Medvedev:

Further, “you didn’t build that.”

At least Hillary Clinton is in keeping with Barack Hussein Obama.  Businesses and corporations don’t create jobs.

Lets examine, photographically, some of the other so-called “highlights” of Demorat control these past years under Mr Obama.  Be warned: the truth isn’t pretty.

US Ambassador Christopher Stevens, Benghazi, LibyaChristopher Stevens.

Illegal InvadersGrateful Mexicans.

Mex Cartels 2What Mr Obama wants to actively import into the United States: Mexican Cartel activity.

Muslim Nurse in the UKAnd, of course, women in full BeeKeeper costumes.

Yes, this election isn’t about nothing.  It’s about everything.

Mr Obama recently said of these elections: “Now, I am not on the ballot this fall . . . but make no mistake, these policies are on the ballot — every single one of them.”

And in this case, he is precisely correct.

Get out, vote, and make that precisely so.

BZ

 

Demorats trying to eliminate your Second Amendment:

Demorats Willing to Cede Your Gun Rights to the UNDemorat (and two Independent) Senators more than willing to cede your very precious Second Amendment rights to the United Nations.

Take that as a clue.

On the other hand, it’s great to have to list in order to know just whom to vote OUT today, election day.

BZ