Fri, 27 June 2008
"I just want to celebrate, yeah, yeah!"
Today I celebrate the Supreme Court decision to end the misinterpretation of the Second Amendment of the US Constitution in our nation’s cities and my 46th birthday. (I am 30 years old with 16 years experience!)
This podcast will use a few bars from Motown’s Rare Earth, “I just want to celebrate” which pretty much captures how I feel about everything right in my life. Interesting note is that this was one of Motowns first, all White American groups that had this hit in 1971. I love the fact that music is universal and the color of your skin doesn’t mean “jack”. Play that funky music …
OK the Supreme Court of the United States agrees with us that the Second Amendment is an individual right. Now what? I know there is confusion as to whether the law where you live is a state or federal law and which one will finally rule.
The Supremacy Clause in the Constitution says: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Meaning that federal law always trumps state law if there is a conflict between the two. If there is no conflict then the state law will be used but if there is any question or conflict of the two reading as the same, then the federal rule would win. The bad news is, cities and states can and will still create restrictions to keep you from being able to protect yourself and family in the letter of the law. It is no coincidence that lawyers become politicians.
Shoot or Don't Shoot- You Decide Scenario #4 is complex - "The Good Samaritan"- lets talk about this on the forums on gunrightsradio.com/forums2, Urban shooter
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thanks again for listening,