Gun Charges Dismissed!

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What attorneys wont tell you about the second Amendment.

There is a template available for you to study, as well as other documents filed with the courts arguing in favor of the 2nd Amendment.

Bruen directs judges to perform a text, history and tradition only analysis to Second Amendment cases without any judicial balancing of the government's interest in the challenged law against the importance of the asserted right to "keep and bear arms."

The court said: In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg v. State Bar of Cal., 366 U.S. 36, 50, n. 10 (1961).

In the colonial, founding, and early republic periods, Americans were recognized as having the right peaceably to bear or carry arms in public. The only exception was the slave codes that prohibited slaves and, in some states, free blacks from bearing arms without a license that government authorities had discretion to grant or deny. See Stephen P. Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class? 204-63 (2021).

In sum, having no arms right was an incident of slavery. Even free blacks were required to obtain a license to possess or carry a firearm, and the license could limit possession to one’s premises.

Slaves were deprived of all of the rights that would be set forth in the Bill of Rights. The Second Amendment was not unique in that regard. St. George Tucker summarized their plight thus:

To go abroad without a written permission; to keep or carry a gun, or other weapon; to utter any seditious speech; to be present at any unlawful assembly of slaves; to lift the hand in opposition to a white person, unless wantonly assaulted, are all offences punishable by whipping.

St. George Tucker, A Dissertation on Slavery: With a Proposal for the Gradual Abolition of It, in the State of Virginia 65 (1796).

Virginia law provided: “No free negro or mulatto, shall be suffered to keep or carry any firelock of any kind, any military weapon, or any powder or lead, without first obtaining a license from the court of the county or corporation in which he resides . . . .” Ch. 111, §§ 7 & 8, 1 Va. Code 423 (1819).

As a Virginia court held, among the “numerous restrictions imposed on this class of people [free blacks] in our Statute Book, many of which are inconsistent with the letter and spirit of the Constitution, both of this State and of the United States,” was the restriction “upon their right to bear arms.” Aldridge v. Commonwealth, 2 Va. 447, 449 (Gen. Ct. 1824). The contrast with free citizens was stark. Calling the Second Amendment “the true palladium of liberty,” St. George Tucker wrote: “The right of self defence is the first law of nature . . . . Wherever . . . the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” 1 St. George Tucker, Blackstone’s Commentaries, App., 300 (1803). This is not to be taken as legal advice.

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[4] COMMON-LAW REMEDY. This phrase, within the meaning of U. S. Judicial Code 1911, § 256 (Act March 3, 1911, c. 231, 36 Stat. 1100, see Historical and Revision Notes under 28 U.S.C.A. § 1333), was not limited to remedies in the common-law courts, but embraced all methods of enforcing rights and redressing injuries known to the common or statutory law. Kennerson v. Thames Towboat Co., 89 Conn. 367, 94 A. 372, 375, L.R.A. 1916A, 436. See, also, Northern Pacific S. S. Co. v. Industrial Acc. Commission of California, 174 Cal. 346, 163 P. 199, 202.
[5] COMMON-LAW TRADE-MARK. One appropriated under common-law rules, regardless of statutes. Stratton & Terstegge Co. v. Stiglitz Furnace Co., 258 Ky. 678, 81 S.W.2d 1, 3.
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[7] 17 U.S. Code § 401. Notice of copyright: Visually perceptible copies. 17 U.S. Code CHAPTER 5— COPYRIGHT INFRINGEMENT AND REMEDIES.

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Murdock v. Pennsylvania, 319 U.S. 105 (1943).
https://supreme.justia.com/cases/federal/us/319/105/

The mere fact that the religious literature is "sold", rather than "donated" does not transform the activities of the colporteur into a commercial enterprise.

A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution.

A community may not suppress, or the State tax, the dissemination of views because they are unpopular, annoying, or distasteful.

But the mere fact that the religious literature is "sold" by itinerant preachers, rather than "donated," does not transform evangelism into a commercial enterprise. If it did, then the passing of the collection plate in church would make the church service a commercial project. The constitutional rights of those spreading their religious beliefs through the spoken and printed word are not to be gauged by standards governing retailers or wholesalers of books. The right to use the press for expressing one's views is not to be measured by the protection afforded commercial handbills. It should be remembered that the pamphlets of Thomas Paine were not distributed free of charge. It is plain that a religious organization needs funds to remain a going concern. But an itinerant evangelist, however misguided or intolerant he may be, does not become a mere book agent by selling the Bible or religious tracts to help defray his expenses or to sustain him. Freedom of speech, freedom of the press, freedom of religion are available to all, not merely to those who can pay their own way. As we have said, the problem of drawing the line between a purely commercial activity and a religious one will, at times, be difficult. On this record, it plainly cannot be said that petitioners were engaged in a commercial, rather than a religious, venture. It is a distortion of the facts of record to describe their activities as the occupation of selling books and pamphlets. And the Pennsylvania court did not rest the judgments of conviction on that basis, though it did find that petitioners "sold" the literature. The Supreme Court of Iowa, in State v. Mead, 230 Iowa 1217, 300 N.W. 523, 524, described the selling activities of members of this same sect as "merely incidental and collateral" to their "main object, which was to preach and publicize the doctrines of their order." And see State v. Meredith, 197 S.C. 351, 15 S.E.2d 678; People v. Barber, 289 N.Y. 378, 385-386, 46 N.E.2d 329. That accurately summarizes the present record.

Those who can tax the exercise of this religious practice can make its exercise so costly as to deprive it of the resources necessary for its maintenance. Those who can tax the privilege of engaging in this form of missionary evangelism can close its doors to all those who do not have a full purse. Spreading religious beliefs in this ancient and honorable manner would thus be denied the needy. Those who can deprive religious groups of their colporteurs can take from them a part of the vital power of the press which has survived from the Reformation.