Judging Freedom - 2nd Amendment Challenges Keep Coming!

Episode Date: July 26, 2022

N.J. launches new effort to take gun industry to court https://www.nj.com/news/2022/07/nj-la... #secondamendment #supremecourt #knowyourrightsSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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legislatures have been reacting to the Supreme Court's opinion on abortion, they have been reacting to the Supreme Court's opinion on the right to carry. As you may recall, Justice Thomas wrote a beautiful, comprehensive treatise on human freedom last month in the 6-3 opinion, upholding the right of law-abiding adults to carry a handgun outside the home and denying the authority of the state legislatures to interfere with that, except for very objective reasons, like you've been convicted of a crime or we don't want guns in a school. I happen to think it's wrong to have rapid guns in a school. I think teachers and staff should be armed and adult visitors should be armed, but the Supreme Court disagrees with me

on that. Nevertheless, the legislature of the state of California just enacted legislation which says if a gun is used in the commission of a crime or otherwise illegally, or if an illegal gun is sold in the state of California or brought into the state of California, anyone in the state can sue the manufacturer of the gun. Now that, of course, is absurd. Since guns were made to be moved, it's like suing General Motors because somebody was driving a Chevy truck and had an automobile accident. The accident is the fault of the driver of the truck, not the manufacturer of the motor vehicle. If there's a defect in the motor vehicle, that's a different story. But that's not what we're talking about here. Gavin Newsom, the governor of California, who wants to be the Democratic nominee for president in 2024 after the Democrats fixed their Joe Biden problem by sending him home, has pushed for this legislation and delighted in signing it. I would imagine it will be invalidated by the courts because a basic tenet of civil litigation,

A suing B because A says B did something to harm A, a basic tenet of that is that B, the defendant, has violated some standard. What standard would the manufacturer violate? The manufacturer is not responsible for how the gun ends up in somebody else's hand. That's the responsibility of intermediaries, sometimes acting legally, sometimes acting illegally. The state of New Jersey is offering to do the same thing. And in the state of Colorado, a city in Colorado has attempted to do similarly by banning people from carrying guns and banning assault weapons. Now, they're a federal judge and joined it. First of all, under our system, gun laws such as they are are written by the states, not by cities. New York is an exception. Colorado is not. Secondly, the Colorado ordinance written by this town

blatantly and profoundly violated Justice Thomas's opinion. I'm scratching my head as to how these states and localities think they can thumb their nose to a decision of the Supreme Court of the United States. There's a lot of decisions of the Supreme Court of the United States that I think are wrong. But as a former judge who took an oath to uphold the law, I uphold the law. We're talking about the governor of New Jersey, Phil Murphy, the governor of California, Gavin Newsom, the officials of this town in Colorado. They took the same oath I did to preserve, protect, and defend the Constitution as it is interpreted by the Supreme Court. And they're not doing that. They're trying to find ways around it. I get it that sometimes politicians say and do things just to please the crowd, even though they know they're unconstitutional

or unlawful, but fooling around with people's liberty, especially a liberty that saves human life, liberty to keep and bear arms, especially a liberty that is expressly articulated in the Constitution, especially a liberty that the Supreme Court has upheld three times in the past 15 years, it's just wrong. These people don't belong in office because they violated their oaths. They hate guns. Let them go move to some country where there are no guns. But in this country, the right to keep and bear arms is a fundamental liberty. That's not just me. That's the Supreme Court of the United States. Judge Napolitano for judging freedom. Resolve to earn your degree in the new year in the Bay with WGU.

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