Project Appleseed

Does the federal judiciary trust you, the individual citizen, with your own fundamental, constitutionally protected rights?

US v. MASCIANDARO, 4th Cir. No. 09-4839, March 24, 2011: 
"This is serious business. We do not wish to be even minutely responsible for some unspeakably
tragic act of mayhem because in the peace of our judicial chambers we miscalculated as to Second Amendment rights." 
.....so.....our individual rights [equal] "unspeakably tragic" mayhem?   

His appeal was a real stretch, and pretty lame.

Looks like the guy is a scoflaw anyways, and a lame one at that.

Much as I'm pro-2A (VERY!), I fail to see the merit to this appeal. If it had involved pretty much anything other than a firearm, we all would be declaring the guy was an idiot.

The law he violated was eased AFTER his arrest, so he wanted to be tried under the new law, not the old one. That ain't happening.

There's no current legal precedent overturning CCW laws. Remember, it was loaded in the vehicle, which is considered a concealed weapon some (many) places. Saying that a CCW restriction violates his 2A rights is a stretch. His car isn't his "home", so US v Heller doesn't apply.

Frankly speaking, he ought to sue his attorney for gross incompetence for submitting such a lame appeal, then billing him for it.

SOMSOM, and time to move on, just another iceberg sighting.

The issue is that he was in VA, but the applicable laws aren't VA laws due to the status of the Park.

Further the words of the court are deeply disconcerting to me. These are not the words of the progeny of men like Jefferson, Washington, Lee, Madison, Monroe and Henry. It is more akin to the lamenting of old women.

Mike

Amen.

Quote from: jmdavis on March 30, 2011, 06:04:00 PM
The issue is that he was in VA, but the applicable laws aren't VA laws due to the status of the Park.

Further the words of the court are deeply disconcerting to me. These are not the words of the progeny of men like Jefferson, Washington, Lee, Madison, Monroe and Henry. It is more akin to the lamenting of old women.

Mike

 

This is me NOT commenting in this thread for reasons that have absolutely nothing  to do with Appleseed. 

The WVCDL may or may not have some relevant things going on.

They say that in the DC area, you cannot swing a dead cat without hitting a lawyer, who would consider it a highly actionable tort...but there is an upside.

Here is one of a few threads on the Maryland Shooters website:

http://www.mdshooters.com/showthread.php?t=54494

and this thread is a "sticky" which is updated frequently:

http://www.mdshooters.com/showthread.php?t=41822

"But rightful Liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the law" because the law is often but the tyrant's will, and always so when it violates the rights of the individual." -- Thomas Jefferson


Please re-read the Federalist and Anti-Federalist papers.

The Declaration of Independence, Constitution, and Bill of Rights were written in an attempt to put down in words the ideas of Liberty, a Republic, and "God given Rights". They knew that honest people would pervert them as soon as they gained the power to do so, aka elected. They limited and delineated the powers of the Federal Congress. They retained the powers for change to the States and primarily to 'the people themselves'.

The SCOTUS took upon itself to be the final arbitrator of what is legal/constitutional in Marbury v Madison....it wasn't allowed them by the Constitution. Congress and SCOTUS have no right to do what they do and we allow it. They've bastardized the words/meanings/intent into what they want. These are megalomaniacs and we are all caught up in their web.

Like all great/good/wonderful ideas....people manage to make a mess of them.

It is here where you should re-read the opening quote.

While you continue to lend your energies towards arguing with fools, tyrants, crooks, and thieves you will be giving credence to their abuses of these documents and your rights.

Make no mistake. While it is not right, it may be/is the law. They have the manpower, time, and money to do what they want. Saving you from your fears, defending the will of the people, the rights of the majority, and all the while being 'more equal' and thus less subject to those laws.

Led by the ring in your nose to the abattoir.

"Get up, stand up
Stand up for your rights"

Think.

Respectfully submitted.

CSHR

Disclaimer-these are my thoughts and ideas on this subject. They in no way reflect what I do or say while representing AS. I am a 'company man and toe the line'.

An interesting case, but a 'shot across the bow' for those who travel the AS circuit while carrying their rifles and ammo in their immediate reach and/or possession: KNOW THE STATES LAWS THAT YOU WILL VISIT AND TRAVEL THROUGH.

There was a recent case in N.J. that was similar, where again the Defendant- Appellant (Δ)was caught in circumstances beyond his control.  Long story short, the Δ was law abiding, a [past] CCW holder whose travel in NJ was interrupted by the weather, however several large cap. mags were found or 'discovered'.  He & NRA spent thousands on his appeal, he finally prevailed, but yet has to see any of the firearms related items returned to him.

Yeah, the laws and concept of a Right need to be understood and applied.  That appears to be a function of time and $$$$.  Just be aware the laws where you're headed to, especially during less than clement weather.  Keep anything that may appear to be a weapon properly secured and out of sight.

My $0.02 worth.

Tom

Thank you for the thought provoking update.

Only in an Appleseed forum would you find the inspiring words of "Jefferson, Washington, Lee, Madison, Monroe and Henry"

And Bob Marley in the same thread.

Quote from: CSHR on April 01, 2011, 05:51:12 PM

"Get up, stand up
Stand up for your rights"

It helps keep your brain alive and thinking. I've learned more worthwhile history at Appleseed than in school.

Because

"Those of you who are not busy being born are busy dying."
http://www.youtube.com/watch?v=lhoeZdVRvLA

I think, if anything, this should be a good reminder to drive like a sane person and make sure you're obeying all the "other" laws as you travel from AS event to AS event and, in general, while armed.

As someone who's been on both sides of the LE "debate" I can tell you you're a lot less likely to have a "situation" when you're polite, courteous, and "within the law" because the sad fact is, Jefferson isn't a politician anymore.

CSHR, thank you for council. I have a deep respect for your levelheadedness.

Quote from: CSHR on April 01, 2011, 05:51:12 PM






While you continue to lend your energies towards arguing with fools, tyrants, crooks, and thieves you will be giving credence to their abuses of these documents and your rights.

                                                                                                                                             

Where have all the wise men gone?

~Two Wolves

Jefferson was a Statesman.  Politician is an insult, then or now.