The Big Second Amendment Win That No One Is Talking About
Вставка
- Опубліковано 29 вер 2024
- Another blow for permit to purchae laws, this one after a long, protracted battle in Massachusetts ends when the Commonwealth gives in. Washington Gun Law President, William Kirk, discusses the matter of Morin v. Lyver and case that has finally ended after the Commonwealth of Massachusetts conceded error and will now allow Mr. Morin to obtian the necessary license that, candidly, he should not even have to be required to obtain. This is yet another death blow for permit to purchase laws, but this huge victory did not receive the usual fanfare. So learn more today and arm yourself with education.
Read the Settlement Order here. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/storage.courtl...
_________________________________________________________________________
Have a Video Idea?
_______________________________________________________________________
Contact Washington Gun Law
If you have any questions about this topic, or anything else related to what's left of our Second Amendment Rights, remember you can always contact us at:
www.washingtongunlaw.com or call us directly at 425-765-0487.
Stay safe.
____________________________________________________________________
Subscribe to us on Rumble. rumble.com/c/W...
Subscribe to us on Patreon. www.patreon.com/WashingtonGunLaw
Remember, you can follow us at www.washingtongunlaw.com
Like us on Facebook at WashingtonGunLaw
Follow us on Twitter @GunWashington
A permit to purchase, is unconstitutional and the Supreme Court should just rule them as such. Fines should be issued to states that require these unconstitutional permits.
The problem is the judicial branch of the US gov literally has a "do as little as legitimately possible" approach to protecting your rights. I think we now need a constitutional amendment to spell out in plain english the facts that: "If a State or Federal law has been passed that has a punishment of jail time, or removal of any other constitutionally protected right to any member of the people, the legal concept of 'standing' as understood by the judicial branch of the united states, shall not apply" aka anyone anywhere can sue if a law is "prima facie" unconstitutional, and we don't have to wait decades to get back the rights we always had, especially enumerated ones.
Legislators who propose laws that are obviously unconstitutional should be removed from their seats, by law.
@@FasutonemuMyoji
Very true. Congress hasn't exactly been that helpful either.
Problem is the fines would just come out of tax dollars charged to the people who were oppressed by the laws.
They really need to disbar or fine the individuals. Screw sovereign immunity.
prison should be issued to any politician who makes unconstitutional law
14 years is OUTRAGEOUS!!! Stop waiving your right to speedy trial, folks!!!
Somewhat agree... but then you chance double time in prison if you or your lawyer loses in the trail!!!
So this guy lost a fundamental right for 16 years and got no restitution from the state when they realized that they were wrong? What a terrible miscarriage of justice.
Almost as bad as the lies they're pushing against President Trump
Im also puzzled by the decision to settle. I'm not a lawyer, but I realize the phrasing of the specific Question presented is hugely important. Perhaps such phrasing wouldnt be sufficient to establish a wider Precedent if pushed further? I mean, if youve already been fighting for 16 years, why stop at 90% instead of going the distance so the whole State benefits? But then, assuming pushing further wouldn't be beneficial due to phrasing, why arent personal Damages from the denial of his Rights applicable? I'm of course happy that he got his Right back, but it seems somewhat odd.
Gun owners have no rights under much of American jurisprudence and the 2A is simply not being properly protected by the courts to include a more sympathetic SCOTUS. The SCOTUS needs to STOP kicking these egregious infringements back down to linger in lower courts as they jockey for a hopefully change in the makeup of the SCOTUS via another Biden nomination. Past time to draw the line in the sand.
Massachusetts realized that if this case continues, their licensing regime could collapse.
Not even given compensation.
Yes and the citizens may ignore them with impunity per USSC
A License is a commercial act
This kind of disposition happens regularly in New York State - where handguns are contraband without a license to possess. Rather than make binding law with a judgement, the licensing authorities settle and grant a license. And this continues, and nothing is done to curb the abuse by the government of 2A rights.
You know permitting is unconstitutional plain and simple. When is the fricking SCOTUS GOING TO GROW A PAIR.
My son drove from his home in Maine to Connecticut, to attend a rifle match. He was not allowed to purchase ammo in Ct., even though he was an out of state resident. This ruling may eventually have some bearing on that.
And all of those are non laws. Absolutely ILLEGAL. No permit is required for our rights. I don't need one to speak or go to church. This is such BS.
People need to stop being so damn trusting if any government
He opened the closet door and reaches the top shelf in a box he grabs his registered hand gun, but his wife see the postal and begs him no gun we need to protect our life's from the what breaking into our house.
Michigan just passed that as well. That they have to have a CPL license in order to purchase a firearm. Can these cases in this video be applied to Michigan in getting that bill/law overturned?
Good catch. Good vid.
I've always wondered about the logic of permit to purchase laws. I've been to way too many classes with students from those sates getting their required training so they buy a firearm. GEEEEZZZZ LOOEEZZZ.
So did this guy die before the court resolved this?
He was kind of stupid, disclosing his firearm. Hence concealed?
Another way being a good citizen will screw you over. Don't follow unconstitutional laws, just keep your mouth shut.
This guy fought the wrong fight
He should of fought hos original case in DC that my friends was a miscarriage of law enforcement and the court system.
He He would of done that all the rest of the BS would not of happen
In the meantime, his rights were violated for FOURTEEN STRAIGHT YEARS!! He was basically jailed for 14 years. Shouldn't he have grounds for a GINORMOUS civil settlement?
Possibly. But why don't you as a taxpayer just give him your money.. how is him suing and then the politicians pay him off with taxpayer money is any punishment for the politicians for violating the right.
@traviskey5695 Because it establishes precedent that trampling the God given rights of an American is not without consequences.
Also, the worst part is that after all this time he took the selfish way out and only get his license restored instead of helping everyone out by forcing the state to lose and create a precedent.
After all this time of fighting and he doesn't go for the principle. he just gets his own license back.
@@traviskey5695so when the cops beat the dog shit out of you, you’re not going to sue?
@@ianchristmas"selfish" just might be We The People expecting one person to continue privately funding their lawsuit that has dragged on over a decade even though a legitimate resolution where, as the Plaintiff their rights were restored. The State basically has unlimted resourses to drag any case out an entire lifetime just to let the Plaintiff die penniless and devoid of their constitutional rights.
No American citizen should legally have to have any permit or license to purchase or cary openly or concealed period anywhere in the united states of America whatsoever.
Your whole statement is based on 'should'.
@@kennethcurtis1856 supremacy clause, article 4 section 2 paragraph 1, second amendment,10th amendment,14th amendment section 1 all licenses/permits in the united states of America are unconstitutional therefore illegal.
@@kennethcurtis1856sounds based on "shall not be infringed"
so I'm supposed to beg my enemy for permission to get a weapon to defend myself from my enemy. makes perfect sense.
He screwed up by going to the security guard to tell him he had a gun on him. If he had remained silent and just ignored the sign and gone on with his visit, NOBODY would have known except him. None of this would have happened. Don't ever commit unforced errors.
Yep. The police are never your friend. Don’t go to them thinking they’ll be reasonable helpful people. Gotta treat them like an adversary thats targeting you.
This is a living world example. Of the term "law abiding" in action.. this is why I reject the word law-abiding gun owner.. I would say on the face this is pretty naive... But then I got to remember some people actually believe in that concept of a law-abiding gun owner.
"Don't ever commit unforced errors."...??? So you're advice is to be perfect?
@@Sweethands4 if you realize you made an error, dont go to authorities to ask for help is what hes saying. its one thing to accidentally carry in a prohibited place, its another thing to tattle on yourself.
It's rarely a good idea to call the cops on yourself.
Permits to exercise a Constitutional right is Unconstitutional.
Permits cost money. They should be abolished because you cannot be taxed out of your Constitutional Rights.
The rights are inalienable, and (used to be) protected by the Constitution.
The list isn't getting any shorter
Duh !!!!!!!!!!
Now do Voter ID
He forgot rule #1, " Don't talk to cops". Let your attorney talk to cops. Guaranteed you will say the wrong thing.
_your gun looks hella grabbable today, as does your butt_
I believe it's unconstitutional for the government to know we have them
Laws that effect rights shouldn't be able to be settled without a decision being made. This is too much a game to to allow states to continue abusing the rights of the citizenry.
States should not have the power to limit constitutional rights.
Period. End of.
Technically, they don't but we continue to allow them to get away with it.
That's just it . . . they don't, but they keep acting like they do. And it's the individual citizen that has to go up against them, alone.
That's what the 14th amendment is supposed to be for.
It is interesting how our 1st A rights can be censored by private enterprise, but the govt tries to confiscate our 2nd A rights. We know the Democrats were behind censorship and 2A confiscation attempts. What other rights do they want to confiscate and annihilate?
It's in the constitution....
Good Evening from Corrupt Illinois and thanks for the info.
Yes, your FOID card system in IL is ridiculous. Need a precedent to vacate that.
@@wxdave5448they just passed the safer communities act not to long ago. We can’t have semi autos or mags over 15 rounds.
Frickin' DC. Can't wait to get my permit to be secure in my person, house and possessions against unreasonable search and seizure ...
Every state says “driving is a privilege” yet the state issued (without a background check) drivers license is accepted universally nationwide. Carrying an “arm” is a Constitutional right. Yet we have to get permission from the state to carry the arm and that permission isn’t good nationwide. Pretty screwed up!
It's because most Americans won't fight for their rights no matter what happens. If we used the second amendment for the main reason it exists there would be no constitutional infringements.
Driving is an adjunctive/penumbra/shadow RIGHT to the RIGHT to TRAVEL!!! Licensing is unconstitutional as it's an abridgement of the RIGHT in violation of the 14th Amendment!!!
Driving is a privilege is how they brainwash people out of their rights. In this country driving is a necessity.
Driving is a right. Dmvs made up that saying
Even worse... Take a look at the SCOTUS case that made gay marriage licenses legal across the country....
I have a hard time calling a denial of a Constitutional right for 14 years a win. Even though it does finally get overturned they still win.
Well it was only denied 14 years because of the balancing interest process. I won't lie I read your comment and it literally makes my brain hurt but then again I have to remember not everyone capable of comprehending.. bruin not even that old and it automatically overturn something that was upheld constitutional for 14 years.
@@traviskey5695 "...because of balancing interest process."? Good heavens! Jefferson spins in his grave.
@@jamesbell7220 you're the slack-jawed mouth breather that I talk about constantly... You fuck up our judiciary just as much as liberal activist judges.. you're in the same fucking boat as liberals
@@jamesbell7220 what are advocating is no different than the progressive activist judges sitting on the supreme Court..
It's about time Massachusetts acknowledged the overreach of their permit to purchase laws.
Everything's illegal in Massachusetts.
4473 are just another unconstitutional permit to Purchase at a fed level
Doesn't stop people that cause harm just give the feds a registry
@ianstrachan9410 ALL firearms laws are unconstitutional......
4473s are illegal in violation of
The supremacy clause.
Article 4 section 2 paragraph 1.
Second amendment.
10th amendment.
14th amendment section 1.
4473s are also illegal felony crimes in violation of Title 18 U.S.C. section 241 conspiracy against rights, Title 18 U.S.C. section 242 deprivation of rights under color of law, Title 5 U.S.C. section 7311 Ex. ORD. No. 10450 subsection (5).
The Hunter Biden fiasco is going to shake up the 4473 universe. All citizens have the same rights and responsibilities.
What happened to this man is so sick. He's not a criminal. These people are really cowards. Arresting law abiding citizens while they stay away from armed criminals.
Criminal? Nope, not at all. A smart man? I don't know. He should have just walked back out to his car and left his firearm there (or better yet, just avoid the cesspool known as DC).
Does that agreement prevent him from suing the state from depriving him of his constitutional right for more than a decade? If I was him I'd think about $500k a year would be appropriate. Because until states start paying severe penalties, they'll just keep doing it.
Sue for denial of civil liberties!
States don't care. It's not thier money. They just tax us more
SCOTUS needs to put this garbage to rest PERMANENTLY!!!
No ifs, ands or buts...
Never ever volunteer the fact you are armed. If you are in a location where weapons are prohibited but no security check exists, carry concealed and discreetly. If area security asks you if you are armed the answer is no. If security asks to search you, the answer is no. If security therefore asks you to leave, then goodbye.
2nd amendment is a federally protected right. Why do the states get to decide permit reciprocity? Absolutely stupid
Permits themselves are not Constitutionally authorized. Per several existing SCOTUS decisions.
That implies that the federal government protects it though. And im not seeing much of that..
@xxshamwowxx797
It implies that they SHOULD protect it. Those promises have been being eroded since Lincoln decided that membership in the Union was no longer voluntary.
What ticks me off here in WV is that we honor several states conceal permits that don’t honor ours.
You kinda answered your own question. We are a Representative Republic. We are NOT a democracy. The Founders wanted States to have unimpeded freedom (not sovereign) to make their own laws. Why? Well, today’s political climate tells you everything you need to know. My State, WV, has voted in the Legislature to not recognize any federal gun laws restricting the Second Amendment. See how that works? In the system you are describing, a “Federal” law could make EVERY STATE subject to that law.
I don’t think you would want that!!
I think the state of Massachusetts owes him reparations. All the guns and ammo he wants for life ;-)
This case is a perfect example of what happens to law abiding Americans, when you vote Democrats into public office.
And Maura Healey is one of the worst governors out there. A total waste of skin.
A permit is a permission. Why do we need permission to exercise our rights?
Only a fool would bring a gun to DC and voluntarily declare to a guard 😂. In DC the mere possession of 1 single bullet is an automatic arrest. The vast majority of buildings downtown that tourists go to are in fact Federal Bldgs, nuff said. Lack of situational awareness 😂
Great News! Now, I'm looking forward to SCOTUS overturning Chevron!
They're not going to. They're going to reinforce chevron deference, because overturning it would cause too much instability and chaos. Keeping it in place is considered the lesser of two evils.
Don't hold your breath
That is the key to resolving most of the injustices today. Get Rid of Chevron Deference!!!!
Should this then do away with the foid card here in Illinois or will it take yet another long drawn out court case??
Mass isn’t kidding when they say masshole
Most expensive permit renewal fee ever.
🇺🇲
Constitutional Carry is sweeping the country!
I guess here in Oregon they didn't get the memo lol
Why should our 2nd Amendment rights stop each time we cross a state border? No other amendment is so abused.
With all the laws that have been struck down on mag limits, types of guns purchased, why is it that we in Washington state are not seeing any of the results helping US?
If these states made "Permit to speak freely" laws, I bet there would be immediate outrage. What about a "Permit to be free of involuntary servitude"? I could go on but I think people get the point.
There would be immediate outrage in some areas. In others, there would be immediate compliance and even celebration because words we don't like are literal violence.
@@MinorSharpFifth Based on the experience of the past few years, 60% to 75% would comply. It is the 25% to 30% who would not which offers the slim chance the fascist/marxists ultimately fail. The next question is.... how long for the 25% to 30% to wait for the next 25% to 30% to wake up. The last 25% to 30% will continue to comply with whatever the government tells them to do.
I love the grounded reality of this channel!!!
*Retirement took a toll on my finances, but with my involvement in the digital market, $15,000 weekly returns has been life changing. AWESOME GOD* ❤️
I'm in a similar situation where should I look to increase income? Do you have any advice? What did you do ? Thank you
Well I engage in nice side hustles like inves'ting, and the good thing is I do it with one one of the best(Michael Wayne), he's really good!
Did someone just mention Mr Wayne!? Damn! You just made my day; what a coincidence.. I've worked with him for over 2years and I can tell how good he is
It's great to see you guys talking about
Michael Wayne, This man changed the game for me. Good Man ❤️
No doubts, this Michael Wayne must be an icon; how good is he and how safe is "profit making" with him.?
So, who's going to challenge the FEDERAL laws against carrying in post offices and banks? Who's going to bell the cat?
Is there anyway to actually hold them accountable????
No
2nd Amendment.
Finally, some recognition for our Second Amendment rights!
When do you think the law will change for none Violent felons owning guns?
Don’t hold your breath. Read Brown v. US. Four Boxes Diner gave a heads up the other day. SCOTUS will more than likely define a serious drug offense as violent. Tax evasion, blue collar stuff, securities fraud okay. A drug offense … you’ll probably remain screwed. Then again, who knows?
When hell freezes over!🔥🥶
@robertlawson698 nope that's coming! Probably this month.
Just like Bruen, a bunch of courts will ignore the supreme court ruling and keep doing the same thing they’ve always done.
No it's already happening, I'm in the process of having my record expunged and pardoned so I will have my rights back
THIS MAKES ME SO ANGRY!!! THE COURTS SHOULD HAVE AWARDED HIM DAMAGES AND ALL LEGAL COSTS INCURRED FOR HIS WRONGFUL CONVICTION. UNACCEPTABLE!!!!!
This isn’t a win because the states will continue to go against it without any penalties.
87 and 88 I was stationed in Ma. I remember having to be interviewed by the local Police Chief to get my purchase permit. He was actually a pretty cool guy but the process itself was pretty draconian.
Once you get outside the Boston/Cambridge metro area, the suburbs and rural areas tend to be less insane, except for the cesspool of Amherst/Holyoke/Northampton.
What's happening in Maryland, last I checked I still need a license to purchase a handgun
A right is not to be taxed, charged, or infringed upon.
But they still won’t give him a license to carry, still messed up. Mass state law is supposed to issues you a license for none high capacity firearms 5 years after your “conviction” but even with that license you still need a permit to purchase but with all that said the Fed won’t let you even after the state clears you. How crazy is that.
FINALLY!!!! Sheesh I’ve been following this case and no one seemed to know anything about it.
I live in Michigan so I have nothing to cheer about currently.
by rights this case should change the law there, just as any other case would be changed but when they change the law it is always in favor of the State!
So as I see it one guy gets his gun back but mass. Maintains the status quo for another 20 years
Not everyone is willing and/or able to continue fighting. It took this person 14+ years. It takes a certain kind of person to even fight that long. This guy did well. Had SCOTUS granted certiorari without vacating and remanding (GVR), I'm sure he would be applying legal war paint. A settlement might seem like a cop out, but that settlement actually means quite a bit and given the circumstances, probably a fit ending to this small chapter in the neverending saga about freedom.
If he still needs to have permission it is not a win.
ITS A DUMB ASS LAW CONCEALING A GUN CARRY PERMIT, BECAUSE IF YOU GET ASSAILED, AND YOU USE THE WEAPON, YOU WILL BE CHARGED!
I do not need to ask permission from my employees about my rights.
Meanwhile he went 12 years without being able to carry? How will the government make that up to him?
They wont. They should be forced to, but they wont be held accountable, they never are.
Case only took 16 years to process. Is that how they read the 6th Amendment?
Hey, don’t forget the attorneys costs
NOW, maybe MN can be sued to get rid of the Permit to Purchase law WE have.
One would have to be insane in some way to still reside in the State of Massuchusetts or even visit that state
Maryland hql is still in effect until the court mandates it. They should be jailed for violating the Constitution! We should get refunds for our fees and fingerprints and punitive damages!
Militia Act 1792.
Can we stop referring to NYSRPA v Bruen by giving precedence to the loser?
We refer to Heller and MacDonald by the winner, why is NYSRPA treated differently?
It always amazes me when there's somebody that's so ignorant I'm scared of an inanimate object that they would call the police at the mere sight of a gun. I'm pretty sure most rational people would have to actually see that gun being used in a negative way or being drawn and brandished was some sort of intimidation intent before they call the police. You get over to Jersey and New York and you got the dumbest liver in the world that are so frightened by an inanimate object that even if somebody has one that they're saying do you have a box I can put this in or holding area these idiots call the police
So does he get money for putting him through all that!!!!!!
Ridiculous it takes so long to restore your rights after being unlawfully stolen.
Sometimes things are (d)ifferent
Also the HGL is required before a purchase of a handgun. Then the 7 day waiting period after purchase of a handgun after one has obtained the ever wonderful HGL. Then one must only have a 10 round clip. As any such clip that holds 11 rounds or more is horrible mean.
Seems like all gun bills should have to go to the Supreme Court before being enacted. Otherwise we keep allowing rights to be infringed upon.
"Inalienable Rights" is from the Declaration of Independence, not the United States Constitution.
My 2a rights do not stop at the border of my state.
No offense, but what dummy goes to the government in DC and says "I have a concealed weapon?"
Thanks William Kirk
We need something done in Minnesota!!!
Infringed for 14yrs? Then tte Constitution says to bare arms... but NEEDS PERMISSION to do so. How's this not a direct infringement of our rights?
This is ridiculous, we have to sue and spend 14+ years in the court system and we are calling this a victory? He should have just kept his mouth shut.
Because you don't understand
@@traviskey5695 Mr. Morin got his permit that's all that happened here. Took him 14+ years and who knows how many countless $$$.
@@mariop8576 Actually it is still a win. The fact that the case is "On the record" is very important. The fact that after 14 years of fighting the Government had to "settle" strongly implies that "the next step(s) would have been the complete undoing of what the Government was defending" with potentially steep punitive damages for the Civil Rights violation... Of course they settled. That doesn't erase all the steps the Plaintiff took to get to the point they settled. It doesn't take a rocket scientist to see the "Checkmate" that was just ahead--which is where any future cases that are litigated would jump in. The permit to qualify to purchase a gun program is definitely going to collapse.
@@PureMagma I hope so, here in Kalifornia we have been dealing with our 2A violations since the 80's and nothing has improved in fact I just see our rights dwindle away little by little.
lost rights for 14-16 yrs AND YET still they didn't change the law so someone else must do the same thing!
Good for him, winning his case, but I can’t believe that he went and grabbed a security guard and told on himself what a moron. 😂
Stay Strong/Safe 🙏🏼💪🏽💯!!! The Truth Will set you Free!!! Be Blessed and a Blessing! "We The People By The People For The People" United We Stand Divided We Fall...🛐 Eyes Wide Open NOT Eyes Wide Shut. 2A All The Way.!.
Illinois Firearms Owner ID? Similar opinion?
If SCOTUS would have taken up this case it would have likely been the case to decide CCW reciprocity.
I would've ignored the sign. Stayed mum with the Rent-a-Cop.😉 Enjoyed the museum exhibits and left quietly to visit my daughter. 😘
While I applaud the outcome, I have to wonder, where was the NAGR, 2AF, GOA, or anyone else even the NRA? My guess is had any of them been paying attention, most would have said no and taken this to the teeth kicking in SCOTUS that it truly deserves. I grant it started a long time ago and the current Supreme Court makeup may not have been foreseen but it's a lazy excuse if you're claiming to be a "no compromise" organization.
Very interesting. Hochul in NYS trippled-down on the Bruen decision with absolutely NO repercussions or consequences! She added more restrictions to the may issue permit process, added sensitive areas, and added semi-auto rifles to the permit/purchase process! Where is the Supreme Court! She was also approved by a NY court of appeals to open her horrific COVID (infectious disease) camps; which violated the legislative process and New Yorkers' Constitutional Rights!
One of the primary reasons Noah Webster was counted among our founders was his establishment of "The American dictionary of the English Language" for the purpose clarifying our Constitution and all applicable laws that would be written and established upon our Declaration of Independence. "the right to keep and bear arms" is simply, exact and in keeping with our Declaration, and needs no dissection by lawyers and politicians, the words have exact meaning that once were undeniable. Words either have meanings, exact and definite, or the language we use is in essence, worthless. Our Constitution was written "for The People", not for nattering nabob's to argue over "the exact meaning of the word is", part and party to "am are is was and were", as I was taught probably sixty years ago. John McClain, GySgt, USMC ret.
Think the title of this video should be “Idiot brings about positive result”. I mean, this guy was really stupid on multiple levels. I’ve had a CCW for almost 25 years and it would never occur to me to a) carry somewhere I obviously had no reciprocity, b) carry inside a federal building which has always been off limits, and c) disclose the fact that I’m breaking the law to someone who has the ability to make my day go badly. I mean, seriously? And reading between the lines here, I notice that while he got his purchase permit back (which I agree shouldn’t exist in the first place) I’m betting the CCW is gone forever, which in this dude’s case, may be for the better.
I think it's funny how youtube inserts certain ads in certain video's here on youtube. Like this positive right wing,truth telling video has a political ad inserted as its ad,(of all the useless people) Kamala Harris spitting out an ad for Ole Joe!! Actually works in favor of the Goog Guys, because it shines light on the intelligent, truthful right and the sluggish, untruthful lefties!! 😂😂😂😂😂
That's great, but we're still restricted to 10-round cripplemags here in MA.
Mr Moran grew a brian