SOTG 203 - Faith and the Patriot

SOTG 203 – Faith and the Patriot

Paul takes a moment to detail the idea behind his new book “Faith and the Patriot; a Belief worth Fighting for.” The Professor explains why faithful Christian patriots are good for every American, even those who do not believe.

A Federal District Court has ruled again that the 2nd Amendment is a limited right, particularly because it address weapons and things that are dangerous. We have a Vagination report from Baltimore where the news media is attempting to reignite the violence.


SOURCES:

From www.ammoland.com:

In yet another decision that thumbs it’s nose at the Supreme Court’s landmark D.C. v. Heller and McDonald v. Chicago rulings, the Tenth Circuit Court of Appeals held today that the Second Amendment does not protect gun rights outside of one’s home.

The case, Bonidy v. United States Postal Service, challenged 39 C.F.R. § 232.1(l), which prohibits the storage and carriage of firearms on USPS property. The district court decision found that the law was unconstitutional as applied to its prohibition on guns in parking lots, but not the ban on carry inside government buildings.

Circuit Judge David M. Ebel–another Ronald Reagan appointee to decide against gun rights–was joined by Circuit Judge Gregory A. Phillips (appointed by Barack Obama) in the decision:

We….conclude that the regulation is constitutional as to all USPS property at issue in this case, including the Avon Post Office parking lot, because the Second Amendment right to bear arms has not been extended to “government buildings.” Government buildings, in this context, includes the government owned parking lot connected to the U.S. Post Office. Alternatively, even if we were to conclude that the parking lot did not qualify as a “government building,” we would uphold this regulation as constitutional as applied to the parking lot under independent intermediate scrutiny.

Ignoring McDonald’s command that the Second Amendment does not protect “second-class” rights, the Tenth Circuit held that “the risk inherent in firearms and other weapons distinguishes the Second Amendment right from other fundamental rights that have been held to be evaluated under a strict scrutiny test, such as the right to marry and the right to be free from viewpoint discrimination, which can be exercised without creating a direct risk to others.”

Help us FIGHT President Obama’s push for more gun control!

But the Supreme Court expressly rejected that argument in 2010 when it struck down the City of Chicago’s handgun ban. Justice Alito, writing for the majority, said:

The right to keep and bear arms, however, is not the only constitutional right that has controversial public safety implications. All of the constitutional provisions that impose restrictions on law enforcement and on the prosecution of crimes fall into the same category. See, e.g., Hudson v. Michigan, 547 U.S. 586, 591, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006) (“The exclusionary rule generates `substantial social costs,’ United States v. Leon, 468 U.S. 897, 907, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), which sometimes include setting the guilty free and the dangerous at large”); Barker v. Wingo, 407 U.S. 514, 522, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)(reflecting on the serious consequences of dismissal for a speedy trial violation, which means “a defendant who may be guilty of a serious crime will go free”);Miranda v. Arizona, 384 U.S. 436, 517, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) (Harlan, J., dissenting); id., at 542, 86 S.Ct. 1602 (White, J., dissenting) (objecting that the Court’s rule “in some unknown number of cases . . . will return a killer, a rapist or other criminal to the streets . . . to repeat his crime”);Mapp, 367 U.S., at 659, 81 S.Ct. 1684.

According to the Tenth Circuit, however, “even assuming a right to bear firearms outside the home, and even if, contrary to our ruling above, the parking lot is not itself considered part of a ‘government building,’ we conclude that any such right Bonidy might possess was not violated here by 39 C.F.R. § 232.1(1) precluding him from possessing a firearm in the postal parking lot.”

Circuit Judge Timothy Tymkovich (appointed by George W. Bush) dissented in part, saying:

First, I would explicitly hold in this case that the Second Amendment applies outside the home instead of assuming but not deciding it does, as the majority concludes….Second, I would affirm the district court’s invalidation of the regulation as applied in the parking lot.

However, he also noted that “the list and the facts of this case ultimately lead me to concur in the judgment regarding the post office building.”

On June 8, 2015, the Supreme Court yet again denied review to a federal gun rights lawsuit where a lower court upheld a gun control law that appeared to directly conflict with the Heller decision. In an uncommon published dissent from the Court’s decision to not take up the case, Justice Clarence Thomas, who wrote a concurring opinion in McDonald, said:

“We warned in Heller that a constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all.”

Thomas was joined in his dissent by Justice Antonin Scalia, who authored Heller.

BOTTOM LINE: It appears that, until the nation’s highest court decides to protect the expressly enumerated Second Amendment right to keep and bear arms as strongly as it does non-enumerated rights like gay marriage and abortion, law-abiding American gun owners are simply left to watch lower courts unravel the Constitution and our fundamental, individual right to keep and bear arms in decisions like Bonidy.

From news.yahoo.com:

Controversy Over Baltimore Police Van Sign: ‘Enjoy Your Ride, Cuz We Sure Will’

The controversy comes after Freddie Gray’s autopsy reportedly revealed he suffered a “high-energy” spine injury while in the back of a police van.


Student of the Gun Podcast Radio Logo1400x1400 Student of the Gun Radio airs every Monday through Thursday  at 9 a.m. EST and can be found by going directly to www.StudentoftheGunRadio.com.Those using mobile devices can follow us with iTunes or Stitcher. SOTG Radio is a Think On! production. Student of the Gun is the #1 source for education, enjoyment and enlightenment of real-world firearms including: training, videos, radio, books and articles. A beginner once, a student for life. www.studentofthegun.com Being a Student of the Gun is not about being a novice or beginner. Student of the Gun represents a lifelong journey of education, enlightenment and the enjoyment of firearms. Each episode will introduce the viewer to new and interesting firearms as well as the latest gear to go with them. We will travel throughout the United States, seeking the advice and expertise of the best firearms trainers available. Sometimes deadly serious, sometimes just for fun, Student of the Gun will always strive to educate and entertain our viewers while offering them an insiders’ look at the worlds of firearms.


About the Host

Paul Markel: Host of Student of the Gun Radio

Paul Markel: Host of Student of the Gun Radio

Paul G. Markel has worn many hats during his lifetime. He has been a United States Marine, police officer, professional bodyguard, and small arms and tactics instructor. Markel has been writing professionally for law enforcement and firearms periodicals for nearly 20 years, and has hundreds of articles in print. A regular guest on nationally syndicated radio talk shows, Markel is a subject matter expert in firearms training and use of force. Markel has been teaching safe and effective firearms handling to students, young and old, for decades and has also worked actively with 4H Shooting Sports programs. Markel holds numerous instructor certifications in multiple disciplines; nonetheless, he is, and will remain a dedicated Student of the Gun.


About the Co-Host

Jarrad Markel: Co-Host and Producer of Student of the Gun Radio

Jarrad Markel: Co-Host and Producer of Student of the Gun Radio

Not just another pretty face, Jarrad Markel has experience and training beyond his years. Jarrad has been training to be a fighter since elementary school when he first learned the art of collegiate wrestling. Now skilled in Jujitsu, Judo, Muay Thai, Sambo, the Way of the Fighting Pistol and Fighting Rifle, Jarrad is a well-rounded, tactical athlete with several professional MMA fights under his belt. More than a brute, Jarrad has brains as well. He is the lead editor and videographer for Student of the Gun and works directly for Think On! Productions creating a wide variety of video material. In addition, Markel is a skilled web & blog designer, building material for the Internet side of the house.


SAY THANKS TO OUR SPONSORS, PLEASE!

SWAT Fuel >> www.swatfuel.com

Velocity Triggers >> www.velocitytriggers.com

Brownell’s >> www.brownells.com

Century Arms >> www.centuryarms.com

Crossbreed Holsters >> www.crossbreedholsters.com

FrogLube >> www.froglube.com

The following two tabs change content below.
Paul G. Markel has worn many hats during his lifetime. He has been a U.S. Marine, Police Officer, Professional Bodyguard, and Small Arms and Tactics Instructor. Mr. Markel has been writing professionally for law enforcement and firearms periodicals for nearly twenty years with hundreds and hundreds of articles in print. Paul is a regular guest on nationally syndicated radio talk shows and subject matter expert in firearms training and use of force. Mr. Markel has been teaching safe and effective firearms handling to students young and old for decades and has worked actively with the 4-H Shooting Sports program. Paul holds numerous instructor certifications in multiple disciplines and a Bachelor’s degree in conflict resolution; nonetheless, he is and will remain a dedicated Student of the Gun.

Latest posts by Professor Paul Markel (see all)