An open letter to Randy Rossi, head of
the California DOJ firearms division:
"Randy, what the heck is your boss high on?"
I just finished reading Lockyer's position paper on the 2nd Amendment, and David Codrea's rebuttal. Both just went online here: http://keepandbeararms.com/information/Item.asp?ID=3505
Randy, what the hell are you guys doing over there?
Lockyer's cite of Miller is a flat-out lie. Don't take my word for it, read the dang case:
Miller can be very easily read to guarantee the civilian ownership of military full-auto battle rifles! There's been an entire law review article done on the butchering Miller has been subjected to by lower courts: http://www.guncite.com/journals/dencite.html
Hickman doesn't do any real scholarship except to butcher Miller the same way Lockyer did. The law review article above reserves special scorn for Hickman.
The Fresno Rifle Club decision doesn't have any 2nd Amendment scholarship in it at all, except to cite Cruickshank (US Supremes, 1876). Well gee, we had a bunch of blacks peacefully meeting and trying to vote in the Louisiana when a bunch of state agents and Klansmen disarmed 'em, beat the snot out of 'em and outright killed several for daring to try and VOTE. The Feds stepped in to help, and the USSC declared the KKK an endangered species or something and said that the Feds had no right to intrude on violations of the second or FIRST amendments, or any right to halt equal protection violations or due process rights or anything else. Gee Randy, you really think that case would hold up TODAY!? Again, read the case: http://laws.findlaw.com/us/92/542.html - it's WORSE than the infamous Dred Scott decision! Dred Scott was a moral abomination, but it WAS legally correct at the time (1856). Cruikshank was as immoral, and a legal fraud - the 14th Amendment had passed eight years earlier, you think there was no Federal equal protection or protection from First Amendment abuses?!
The real kicker is that the 14th Amendment is ONLY mentioned in the Cruikshankdissent. The main judgment totally ignores it. Wow, Randy, that's a real solid foundation of legal scholarship y'all got there.
Randy, it's not just me saying this. From: http://www.constitutioncenter.org/sections/history/19th.asp
The Supreme Court decided the case of United States v. Cruikshank in 1876. The case grew out of a brutal massacre of blacks in the little Louisiana town of Colfax.Jim again. Randy, that website is from the National Constitution Center, ESTABLISHED BY THE US CONGRESS. See also: http://www.constitutioncenter.org
In Colfax whites burned the court house and murdered an unknown number of blacks. After the U.S. Army restored order, a federal grand jury indicted 72 white men. The United States Attorney brought nine to trial and won a conviction against William Cruikshank and two others.
Normally the federal government does not prosecute persons charged with murder. Control of ordinary crime has traditionally been the job of the states. In this case the U.S. Attorney used the 1870 Enforcement Act. This law makes it a crime for two or more persons to band together with intent to injure, oppress, threaten, or intimidate any citizen.
The Supreme Court threw out the convictions of Cruikshank and his cohorts. As it had in the Slaughterhouse Cases, the Court acted to protect states' power. "Every republican government," Chief Justice Morrison Remick Waite wrote, "is in duty bound to protect all its citizens." He then added, "That duty was originally assumed by the States; and it still remains there."
Lockyer cites In Re Ramirez. You DO understand that the whole decision was declared racist and junked in 1972, right? See also:
So Lockyer lies about one case, another contains well-debunked lies, and two were based on absolutely horrific racism, one of which has been completely overturned and the other (Cruikshank) has only one small surviving bit which is the sole remaining real barrier to Federal review of state gun control?
Are you guys serious? Do you understand that your boss just proved that you guys are against discovering current racism in CCW abuse because your boss's primary support for ideological gun-grabbing is based on PAST racism, without which all of California gun control would collapse in ruin?!?
Do me a favor. Please tell Lockyer there's a point at which "precedent" is so disgusting, so racist, so contrary to basic civil rights that it's literally a crime to follow it.
And he just blew by that point doin' triple the limit on bald tires and no muffler.
How in hell do you expect to enforce gun control based on THIS crap? Naked force? That's all you have left! He just tossed your moral authority in a toilet and flushed it!