Tag Archive: Law


States Rise Up Against Washington

 

 

 

 

 

” State legislators around the country have introduced more than 200 bills aiming to nullify regulations and laws coming out of Washington, D.C., as they look to rein in the federal government.

  The legislative onslaught, which includes bills targeting federal restrictions on firearms, experimental treatments and hemp, reflects growing discord between the states and Washington, state officials say.

“ You have a choice,” said Kentucky state Rep. Diane St. Onge (R). “To sit back and not do anything or say anything and let overregulation continue — or you have the alternative choice to speak up about it and say, ‘We know what you are doing or intend to do and we do not think that it is constitutional and we as a state are not going to stand for it.’ ”

  Last month, St. Onge introduced H.B. 13 to nullify federal gun control laws within Kentucky state lines. Similar legislation has been introduced in seven other states.

“ This law is saying the sheriff and those under him do not have to follow federal regulations,” she said.

  Friction between the states and the federal government dates back to the nation’s earliest days. But there has been an explosion of bills in the last year, according to the Los Angeles-based Tenth Amendment Center, which advocates for the state use of nullification to tamp down on overzealous regulation.

People are becoming more and more concerned about the overreach of the federal government,” said center spokesman Mike Maharrey. “They feel the federal government is trying to do too much, it’s too big and it’s getting more and more in debt.” “

 

 

Nullification is gaining steam as this article in The Hill shows

 

 

 

 

 

 

 

 

 

 

FAA Grants Permits For Drones To Monitor Crops, Photograph Real Estate

 

 

 

 

 

” The Federal Aviation Administration on Tuesday issued permits to use drones to monitor crops and photograph properties for sale, marking the first time permission has been granted to companies involved in agriculture and real estate.

  The exemptions to the current ban on commercial drone flights were granted to Advanced Aviation Solutions in Star, Idaho, for “crop scouting,” and to Douglas Trudeau of Tierra Antigua Realty in Tucson, Arizona.

  Advanced Aviation Solutions plans to use its 1.5-pound, fixed-wing eBee drone to make photographic measurements of farm fields, determine the health of crops and look for pests. The aim is to save farmers time walking through fields. The drone also can carry sensors that pick up information invisible to the naked eye, which can help determine which fields need watering.”

 

 

    Will this latest licensing effort by the Feds morph into yet another example of cronyism and reward towards favored , connected corporations ? Of course . Notice that the film industry was one of the first to gain their exemption from the State .

 

CNS News has more

 

 

 

 

 

 

 

 

 

 

 

 

Ban On Silencers Could Be Lifted For Florida Hunters

 

 

 

 

 

” A 57-year-old ban on silencers, the noise-suppressing devices that are used to muffle the sound of a gunshot, could be lifted this week.

  The Florida Fish and Wildlife Conservation Commission will meet this Thursday in Key Largo to discuss the issue. Advocates say the rule change would be good for a hunter’s health. According to hunters, manufacturers, and the National Rifle Association, a suppressor can protect a hunter’s hearing from the loud bang that is heard while hunting in the field or shooting at a gun range. It would also allow sportsmen to shoot near residential areas without disturbing residents. “

 

Atlanta Journal-Constitution

 

 

 

 

 

 

 

 

 

A New Supreme Court Challenge For ‘Obamacare’

 

 

 

 

 

 

” The Supreme Court agreed Friday to hear a new challenge to President Barack Obama’s health care law — a case that threatens subsidies that help millions of low- and middle-income people afford their health insurance premiums.

  The justices said they will review a federal appeals court ruling that upheld IRS regulations that allow health-insurance tax credits under the Affordable Care Act for consumers in all 50 states. Opponents argue that most of the subsidies are illegal.

  The long-running political and legal campaign to overturn or limit the 2010 health overhaul will be making its second appearance at the Supreme Court. The justices upheld the heart of the law in a 5-4 decision in 2012 in which Chief Justice John Roberts provided the decisive vote.

  The case probably will be argued the first week in March, with a decision expected by late June.

  White House press secretary Josh Earnest promised a vigorous defense before the high court.

” This lawsuit reflects just another partisan attempt to undermine the Affordable Care Act and to strip millions of American families of tax credits that Congress intended for them to have,” Earnest said. “

 

AP News

 

 

 

 

 

 

 

 

 

Sen. Rand Paul Wants To Make It Harder For The Feds To Take Your Stuff

 

 

 

 

 

” Sen. Rand Paul (R-Ky.) today announced he has introduced the FAIR (Fifth Amendment Integrity Restoration) Act to add a bit more due process to the system by which federal prosecutors seize citizens’ assets, often before ever proving they’ve broken the law. From his office’s announcement:

  The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General’s Asset Forfeiture Fund to the Treasury’s General Fund.

” The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime,” Sen. Paul said. “

 

Reason has more

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Flying A Drone Through Fireworks May Land You In Prison

 

 

 

 

 

 

” Every Fourth of July there are stories about idiotic things that people do while celebrating Independence Day.  This year’s story is probably going to be about drones and fireworks.

  The proliferation of consumer drones (also known as quadcopters or remote controlled helicopters) has generated countless news stories about irresponsible things that people do with their new toys.  Those stories have prompted many to call for new laws, but most of the unsafe conduct we witness occurring with these toys is already arguably covered by existing laws.  Consider the video posted by Jos Stiglingh, that’s sure to give amateur drone operators a few bad ideas.  The video, filmed with a GoPro Hero 3 Silver, shows the view from a DJI Phantom 2 quadcopter flying in and above a fireworks show.”

 

 

    There is no doubt that the video afforded by the drone flight through the fireworks is spectacular and there is certainly a measure of risk to the drone from the exploding shells , but having worked for several professional fireworks companies I must state the the tone that the Forbes author adopts towards the end of his piece is a bit alarmist as regards the danger posed to the pyro-technicians and spectators …

 

 

” There’s no doubt that the HD video is stunning.  It’s also dangerous and likely unlawful (at least if it occurred in the United States).  The flight is unsafe as the existence of the drone in the airspace above the fireworks display creates an increased risk of hazardous debris (from the fireworks or the drone) falling into spectator areas.  There is also the remote possibility that a firework colliding with a drone may divert the pyrotechnic downward into spectator areas, causing it to detonate where it otherwise should not.  The drone in this video made it safely through the fireworks, but put a few more drones in the air and you’re also bound to have a mid-air collision.  All of these factors show how this operation was unsafe.  While this drone operator escaped getting hit with a firework, there’s no way he could have planned that.  Avoiding the explosions was luck, not skill. “

 

 

   First and foremost one must consider that these grand pyrotechnic displays are not shot straight up , nor are they aimed to explode over the tops of the audience’s heads . That would be ludicrous in the extreme . All displays are set up with the express understanding that any given lift charge could fail thus enabling a product of anywhere from 3″ to 12″ to explode at any altitude , including in the tube itself . For that very reason all displays are set up far from the audience and aimed over an area , often water , that is uninhabited .

    All fireworks displays are carefully set up with the idea that dangerous debris will fail from the sky and an obliterated 5 pound drone is unlikely to cause any harm to anything other than the owner’s bank account . Just another example of State control , this time propagated with the help of Forbes .

 

 

 

Read more at Forbes

 

 

 

 

 

 

 

 

 

 

VIDEO: Courageous Citizen Attempts To Pull Over A Cop

 

 

 

” A civilian tries to call out the police on their “above the law” hypocrisy by attempting to pull over and cite an officer driving down the road without his seat belt on. The cop scoffs at the underling’s attempts, but it is a valiant effort nonetheless.

  The seat belt requirement is nothing short of another tax on driving and it should be completely up to the individual whether or not they would like to wear their seat belt. Yes seat belts save lives, but this does not grant the state the right to violate your person or property to mandate that you wear one.”

 

   This video is a year and a half old but we must commend the citizen for his efforts , futile as they were . Read more at the Free Thought Project .

 

Ex-Judge Napolitano: Govt’s Raid On Nevada Ranch ‘Draconian’

 

 

 

 

 

” The federal government used draconian methods in its raid involving Cliven Bundy in an attempt to scare the Nevada rancher in their dispute over grazing rights, said former Judge Andrew Napolitano.

” The draconian, authoritarian way that the government is going after Mr. Bundy is obviously to try and scare him, and scare ranchers, and send a message which is utterly un-American and not consistent with a free people,” Napolitano, a former New Jersey Superior Court judge, told “Fox & Friends” on Tuesday.

  Napolitano said the proper procedure for resolving a dispute would be to file documents in the court system, not through the use of force by the government.

” When you owe the government money, they don’t come with guns and troops. And they don’t threaten the media that are there to cover it. You file a document in the courthouse, and it’s a judgment on the property,” Napolitano said.

  Napolitano said he was “shocked” to see federal agents dressed like troops “in camouflage and with M-16s” adding that the BLM is not “a military or a law-enforcement entity.” “

Read more at Newsmax

 

 

 

 

 

 

 

 

 

Islamic Law Is Adopted By British Legal Chiefs

 

 

 

 

 

” Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.

  Under ground-breaking guidance, produced by The Law Society, High Street solicitors will be able to write Islamic wills that deny women an equal share of inheritances and exclude unbelievers altogether.

  The documents, which would be recognized by Britain’s courts, will also prevent children born out of wedlock – and even those who have been adopted – from being counted as legitimate heirs.

  Anyone married in a church, or in a civil ceremony, could be excluded from succession under Sharia principles, which recognize only Muslim weddings for inheritance purposes.

  Some lawyers, however, described the guidance as “astonishing”, while campaigners warned it represented a major step on the road to a “parallel legal system” for Britain’s Muslim communities.”

 

 

    Here is the real war on women , brought to you by the self-righteous fools on the Left … coming soon to an American state near you .

 

 

” Baroness Cox, a cross-bench peer leading a Parliamentary campaign to protect women from religiously sanctioned discrimination, including from unofficial Sharia courts in Britain, said it was a “deeply disturbing” development and pledged to raise it with ministers.

“This violates everything that we stand for,” she said. “It would make the Suffragettes turn in their graves.”

 

     The Telegraph has more on this insanity … the civilizational suicide accelerates … What’s next ? Stonings ? Where will the progression stop ?

 

 

 

 

 

 

The Law You Won’t Be Told

 

 

Tips When Stopped By Police And Carrying A Firearm

 

 

 

Uploaded on Oct 13, 2011

” Lethal Force Institute’s Massad Ayoob gives Guns & Ammo Host Tom Gresham some essential tips for safely interacting with police when carrying a firearm while driving your vehicle.”

 

HT/The Federalist Papers

 

 

 

 

 

 

 

 

40,000 New Laws Take Effect In 2014

 

 

40K new lawsClick Picture For Video

 

” Harvard law professor, author of “Taking the Stand” Alan Dershowitz discusses the fascinating new laws of 2014.”

 

 

 

   That’s CNN’s take and below is Fox News’ report on this massive collection of new laws being foisted on an unsuspecting citizenry in the name of the Nanny State .  

 

 

 

A New Report Says They’re Fraught With Waste And Abuse And Have Whittled Away At Civil Liberties Protections.

 

 

 

 

 

 

” A domestic surveillance system established after the terrorist attacks of September 11 collects and shares intelligence on a mass scale about “the everyday activities of law-abiding Americans, even in the absence of reasonable suspicion,” according to a new report.

  The report, released this month by the Brennan Center for Justice, a nonpartisan policy institute at NYU School of Law, found that law enforcement data sharing programs organized by the Department of Homeland Security (DHS) are fraught with waste and abuse and have whittled away at civil liberties protections while evading sufficient oversight.

  Fusion centers collect information on “such innocuous and non-criminal activities as photography, looking through binoculars, and taking notes.”

  Other activities collected by law enforcement officials and stored in fusion centers included:

  • Individuals who stay at bus or train stops for extended periods while buses and trains come and go;
  • Individuals who carry on long conversations on pay or cellular telephones; 
  • Individuals who order food at a restaurant and leave before the food arrives or who order without eating; and
  • Joggers who stand and stretch for an inordinate amount of time. “

 

 

 

 

 

 

 

 

 

 

 

National ID Law Takes Effect In 2014

 

 

 

 

State drivers’ licenses are slowly turning into national ID cards by a little known federal law called the REAL ID Act.

  The idea behind the law is to make it easier for law enforcement and security personnel to identify individuals through their driver’s licenses and state-issued identification cards, and the law has even led some states to ban smiling for license pictures, so as not to throw off computer facial recognition software.

Under the Act a driver’s license or ID Card will have to meet 39 standards, including:

Contain the individual’s full legal name.

List the individual’s residential address and not a post office box.

List the individual’s birth date.

List the individual’s gender.

Contain the individual’s signature.

Contain a photograph that can be used for biometric identification.

  That means photographs have to be taken with facial recognition software – and that smiling is banned in some states such as New Jersey and Illinois.

  All drivers’ licenses must contain features such as chips or magnetic stripes like those used in credit cards so they can be read by scanners and facilitate the tracking of citizens. “

Administration Faces Backlash Over New ObamaCare Exemptions

 

 

 

” The Obama administration, in an 11th-hour change, announced significant exemptions for people who recently lost their insurance coverage and are struggling to get a new plan — drawing immediate criticism from the insurance industry and Republican lawmakers. 

  Health and Human Services Secretary Kathleen Sebelius confirmed the changes, which include letting those individuals skirt the law’s individual mandate, in a letter to senators. She said she would allow people who got cancellations and could not find affordable new coverage to qualify for a “hardship exemption” in order to avoid a penalty next year for not having insurance. 

  Further, she announced that those individuals will be able to purchase bare-bones plans that until now were available only for people under 30. 

  The move, though, to allow potentially hundreds of thousands of people to sign up for “catastrophic” coverage plans was criticized by the insurance industry as a shift that would cause “tremendous instability.” “

 

Illustration by Gary Varvel

 

 

 

 

 

 

 

Ohio GOP Introduces “Constitutional Carry” Bill

 

 

 

 

” The citizen control lobby keeps trying to strip Americans of their unalienable rights, and liberty lovers keep punching back twice as hard.

  Two Republican legislators propose eliminating the license required to carry a concealed handgun in Ohio, a change one describes as an effort to put Second Amendment rights on the same footing as others in the Bill of Rights.”

 

 

10 Rules For Dealing With Police

 

” Flex Your Rights is a non-profit institution that educates citizens about their constitutional rights and how to exercise them. We the The Libertarian Republic spend a lot of time informing the public about abuses of authority by police. Now we’d like you to spend a half hour of your time learning how to defend yourself by understanding and asserting your civil rights.”

Thanks to The Libertarian Republic

Published on Apr 30, 2012

” MORE INFO ON DEALING WITH POLICE ……

Know-Your-Rights DVDs: http://flexyourrights.org/shop

Official Facebook Page: http://facebook.com/FlexYourRights

Twitter: http://twitter.com/FlexYourRights

Get Flex Your Rights Emails: http://flexyourrights.org/subscribe

Got questions about dealing with cops? We got answers:http://flexyourrights.org/faq “

 

 

 

 

 

 

 

GOD HELP US! (Viewer Discretion Advised)

 

 

VIDEO SOURCE OurFight4Freedom

AS CHRISTIANS, WE NEED TO BE AWARE AND READY!
AS AMERICAN’S, WE NEED TO BE INFORMED AND PREPARED!

” My Original Video, was blocked and removed (due to content).
In my opinion, this was an ineffective way, to keep the truths of what is happening to our country, hidden from us. Because unfortunately, for the person or persons, that “flagged” my video as inappropriate, all of the information that I worked tirelessly to put together, is available ALL OVER THE INTERNET! – So I ask all of you, that are interested in finding out more…. Please search SHARIA LAW IN AMERICA for yourselves. You will find More than you expect to, and it will hopefully open your eyes to what is going on, and the reasons why, there are those who don’t want you to know it!”

Three Arguments

 

 

” Writing for the Tenth Amendment Center, a person finds oneself spending a lot of time and pixels defending the concept of nullification.  These defenses generally take the form of answers to two questions.  Is nullification a legally valid concept?  Is nullification a good idea?  The arguments about whether or not nullification is a good idea can often be split into whether it’s a good idea from a practical sense, and whether it’s a good idea from the philosophical sense.

In this essay, I will address all of those questions.  First, using a single argument, which I believe is conclusive, I will demonstrate that nullification is, indisputably, a valid legal concept under our political system.  Having accomplished that, I will next show that under our foundational principles, nullification is a philosophical necessity.  Finally, I will advance an argument that the use of nullification will lead to an overall healthier society.

Nullification is how the states can increase anti-fragility in our political and economic systems.  Washington wants to increase its own ability to thrive from the unexpected by diminishing ours.  The states can, and should, use nullification to resist that tendency, force decentralization, and decrease our political system’s exposure to catastrophic harm.  Eventually, this country will be exposed to an existential crisis, a black swan – as Taleb terms it.   Maybe in our lifetimes, maybe in our children’s or grandchildren’s.  Exactly when it will happen, no one knows, but it will happen.  When it happens, antifragility will determine the survivors.  If we do nothing to decrease fragility in our political and economic systems, we are in grave danger.  Nullification is the most effective tool to decentralize powers which have been usurped by a recalcitrant federal government. “

 

 

 

 

 

 

 

 

 

After Ranking The Best States For Gun Owners In 2013, We’re Back To Rank The Best Concealed Carry States.

 

 

BEST CCW

 

 

” Since federal law specifically addressing the issuance of concealed carry licenses does not yet exist in the U.S., individual states are left with the task of regulating concealed carry laws within their own borders.

Over the past few decades, most states in the country have gradually shifted their carry laws to become less restrictive. Despite fewer restrictions, legally carrying a concealed firearm remains vastly different from one state to another—and in some cases, one town to another. The diversity of laws naturally creates ambiguity around the entire topic of concealed carry legislation.

Aside from background checks, training requirements and application fees, states are generally classified into one of four categories based on how they issue licenses.

Permitless/Unrestricted – Also commonly known as “Constitutional Carry,” individuals can carry a concealed firearm without obtaining a license or permit.

Shall-Issue – Permits are required to carry a concealed handgun, but the granting authority has no discretion over the issuance of permits. The granting authority shall issue a permit if an applicant meets distinct criteria in the law.

May-Issue – The granting authority may issue a permit at their discretion, and usually require “good cause” or a “significant reason” to carry a firearm.

No-Issue/Restricted – Individuals cannot obtain a license to legally carry a concealed firearm.”

 

Read the rest at Guns & Ammo

 

 

 

 

 

 

 

 

THE DEA THINKS MEDICAL RECORDS DON’T COUNT AS “PRIVATE”

 

 

 

 

” If last month’s revelation that the the Drug Enforcement Administration (DEA) has been keeping a database of phone logs since 1986 wasn’t bad enough, here’s further proof of the intrusiveness of the agency’s tactics: a lawsuit being fought between the DEA, Oregon, and the American Civil Liberties Union (ACLU) hinges on the fact that the drug warriors believe they should have easy access to the Oregon Prescription Drug Monitoring Program (PDMP) database and have been acting on that belief, even though it contradicts state law. In plain English, the DEA says that if your medical records are shared with a pharmacy—something that happens routinely thanks to the PDMP—you lose the right to assume that that information is private, even if lawmakers in your state disagree with law enforcement.

The basis for the DEA’s legal argument is the third-party doctrine, the precedent the government leans on if it wants to look into your credit card charges, your utilities bills, your emails, or anything else that you have shared with someone else. The Fourth Amendment protects you against “unreasonable search and seizure,” but increasingly, in an era where the vast majority of our private communications go through a third party, law enforcement is expanding the definition of what a “reasonable” search is.

 

 

 

 

 

 

 

 

 

TERRY MCAULIFFE PLEDGES COLORADO-LIKE GUN CONTROL IF ELECTED

 

 

” In the section titled “Investing in Virginia’s Urban Centers,” TerryMcAuliffe.com now contains the heading, “Support Common Sense Gun Control Measures.”

Under that heading, it says McAuliffe “will support mainstream and majority supported gun control measures like universal background checks, limiting the size of magazines, and a return to the 1-gun-per-month rule.”

The limitation on magazine capacity is a Colorado-like gun control measure that will put law-abiding Virginians at a disadvantage the moment it is enacted. This is because criminals will not obey it but will keep their “high-capacity” magazines so they can outgun their victims. ”

 

 

 

 

 

 

 

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