Judge Sotomajor: Do you have the right of self-defense? Yes or No.–Here Are Some Clues Judge Sotomajor

Posted on July 16, 2009. Filed under: Blogroll, Crime, Economics, Employment, Links, People, Philosophy, Politics, Quotations, Rants, Raves, Regulations, Security, Video | Tags: , , , , , , , |

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

-U. S. Constitution, “Amendment II”

 

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

 ~Thomas Jefferson

 

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Suzanna Gratia Hupp explains meaning of 2nd Amendment!

“…On October 16, 1991, Hennard drove his 1987 Ford Ranger pickup truck through the front window of a Luby’s Cafeteria at 1705 East Central Texas Expressway in Killeen, yelled “This is what Bell County has done to me!”, then opened fire on the restaurant’s patrons and staff with a Glock 17 pistol and later a Ruger P89. About 80 people were in the restaurant at the time. He stalked, shot, and killed 23 people and wounded another 20 before committing suicide. During the shooting, he approached Suzanna Gratia Hupp and her parents. Hupp had actually brought a handgun to the Luby’s Cafeteria that day, but had left it in her vehicle due to the laws in force at the time, forbidding citizens from carrying firearms. According to her later testimony in favor of Missouri’s HB-1720 bill[1] and in general, after she realized that her firearm was not in her purse, but “a hundred feet away in [her] car”, her father charged at Hennard in an attempt to subdue him, only to be gunned down; a short time later, her mother was also shot and killed. (Hupp later expressed regret for abiding by the law in question by leaving her firearm in her car, rather than keeping it on her person. One patron, Tommy Vaughn, threw himself through a plate-glass window to allow others to escape. Hennard allowed a mother and her four-year-old child to leave. He reloaded several times and still had ammunition remaining when he committed suicide by shooting himself in the head after being cornered and wounded by police.

Reacting to the massacre, in 1995 the Texas Legislature passed a shall-issue gun law allowing Texas citizens with the required permit to carry concealed weapons. The law had been campaigned for by Suzanna Hupp, who was present at the Luby’s massacre and both of whose parents were shot and killed. Hupp testified across the country in support of concealed-handgun laws, and was elected to the Texas House of Representatives in 1996. The law was signed by then-Governor George W. Bush and became part of a broad movement to allow U.S. citizens to easily obtain permits to carry concealed weapons. …”

 

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Background Articles and Videos

 

Sotomajor on Whether Citizens Have A Right to Self Defense- “I don’t know”

By Brian Darling

“…Coburn asked if the right to gun ownership was fundamental and Sotomayor answered with a dodge.  Sotomayor redefined the term fundamental right to mean, “but it doesn’t have the same meaning that common people understand that word to mean.  To most people, the word by its dictionary term is critically important, central, fundamental.  It’s sort of a rock basis.  These meanings are not how the law uses that term when it comes to what the states can do or not do.” 

Sotomayor redefined “fundamental” to mean “that Amendment (the 2nd Amendment) of the Constitution incorporated against the states.”  Therefore, one does not have a fundamental right to self defense with a firearm, according to Sotomayor, because the Supreme Court has yet to incorporate that explicit recognition in the Constitution of a natural right of all men and women.  Agreed, that one could argue that the Sotomayor definition of “fundamental” is arguable, yet it was non responsive to Senator Coburn’s direct question.  A wise nominee can contort and justify prior decisions, yet why can’t this nominee say if she believes that the 2nd Amendment is arguably a fundamental right for all Americans.  Most Americans believe that their right to self defense and the right to own a firearm is fundamental, as did the Supreme Court in the landmark Heller case which held that the 2nd Amendment is an individual right.

questions and answers tell the story better than I can.  Please read and draw your own conclusions:

Coburn:  Let me follow up with one other question. As a citizen oThe actual f this country, do you believe innately in my ability to have self-defense of myself — personal self-defense? Do I have a right to personal self- defense?

Sotomayor: I’m trying to think if I remember a case where the Supreme Court has addressed that particular question. Is there a Constitutional right to self-defense? And I can’t think of one. I could be wrong, but I can’t think of one.

Generally, as I understand, most criminal law statutes are passed by states. And I’m also trying to think if there’s any federal law that includes a self-defense provision or not. I just can’t.

What I was attempting to explain is that the issue of self- defense is usually defined in criminal statutes by the state’s laws. And I would think, although I haven’t studied the — all of the state’s laws, I’m intimately familiar with New York.

Coburn: But do you have an opinion, or can you give me your opinion, of whether or not in this country I personally, as an individual citizen, have a right to self-defense?

Sotomayor: I — as I said, I don’t know. …”

http://townhall.com/blog/g/c01148de-ab3d-4ced-a4b7-aeab046ac96b

 

Do Americans Have A Right To Personal Self-Defense? pt.1 Senator Coburn Judge Sotomayor Hearing

 

Do Americans Have A Right To Personal Self-Defense? pt.2 Senator Coburn Judge Sotomayor Hearing

 

Do Americans Have A Right To Personal Self-Defense? pt.3 Senator Coburn Judge Sotomayor Hearing

 

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Every gunshot from the Deathwish movies (Part 1/2)

 

Every gunshot from the Deathwish movies (Part 2/2)
 

 

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