Democrats have long supported a “guilty until proven innocent” system of justice.
However, Democrats will always face numerous obstacles with this strategy. The left is having to deal with annoying things like unhelpful police enforcement and a document called the “Constitution,” whereas many politicians with a “D” next to their name would implement these policies in a heartbeat.
Naturally, New York was among the places that wished to impose Red Flag Laws on the public. A recent decision from the Monroe County Supreme Court in New York not only ended that scheme, but the justice who wrote the opinion also want to make it very clear to the city’s lawmakers that their anti-2A lunacy would not be tolerated. (It should be emphasized that in New York, the Court of Appeals is the State’s highest court; the “Supreme Court” is the trial court level.)
The Red Flag Law of New York, CPLR-63, according to Justice Thomas E. Moran, is unconstitutional because it “does not fully protect a citizen’s rights.”
The slap on the wrist comes at the end of the ruling when Moran makes it quite plain that the freedom to bear weapons will not be violated, even though the opinion is wrapped in legalese and precedents that demolish New York’s anti-2A attempt.
“This Court is aware of the risks that firearms may present when they are in the hands of someone who is mentally ill, has criminal intent, or both. Objectively speaking, this Court cannot support the intent of CPLR 63-a, which is to take weapons out of their owners’ otherwise legal possession without providing sufficient constitutional protections.”
“While some may argue that the aims justify the means in order to defend 63-a, the law, on its face, cannot stand where the tactics used to attain the ends infringe upon a fundamental right guaranteed by our Bill of Rights.”
“As a result, this Court believes that as CPLR Article 63-a is now written, the “Temporary Extreme Risk Protection Order” (TERPO) and “Extreme Risk Protection Order” (ERPO) are unconstitutional. The Second Amendment is not a second-class right, and it should never be treated as one. This cannot be emphasized enough.”
Any red flag laws across the country should be declared invalid by the last line.
The phrase “The Second Amendment is not a second-class right, nor should ever be treated as such” succinctly captures everything.
The Democrats’ blatant hate of the Second Amendment does not lessen the right’s status as a right, regardless of the trend they want to impose on the populace. Despite their disdain for the thought of the common man carrying a weapon, the right to bear arms was regarded as a divinely granted right because the common man’s freedom depends on having access to a gun.
The average person must have the power to maintain a free society if we are to live in one.