http://www.buffalonews.com/apps/pbcs.dll/article?AID=/20130117/CITYANDREGION/130119276/1002A Hamburg attorney is part of a group of lawyers across New York State that is preparing a lawsuit to fight Gov. Andrew M. Cuomo’s new gun control laws.
Jim Tresmond said the coalition of attorneys is targeting how the just-passed SAFE Act violates the Fifth Amendment, which protects against abuse of government authority in a legal procedure.
The government, Tresmond said, “is restricted from taking anything without due process or without just compensation for what is being taken.”
Megan Kelley is no legal expert and Tresmond is approaching this lawsuit from a Fifth Amendment perspective:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]
[[Tresmond is approaching this lawsuit from a Fifth Amendment perspective:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]]]
Really? I’m not seeign hte argument? The peopel aren’t being summoned to answerr charges agaisnt htem? I’m havign a hard tiem seeing hte points of the argument there?
[[The government, Tresmond said, “is restricted from taking anything without due process or without just compensation for what is being taken.”]]
This statement seems to havem ore weight if there is a clause or amendment that states this? However aspaprentyl the cosntitution does allow the government to regulate things, and even to confiscate, such as immediately removign children from ‘unfit parent’s’ homes (Yes, they later get ‘due process, however, you know that if the kids are removed, then the state will NEVER admit they made a msitake and iwll NEVER relinquish the kids back to hte parents except in rare cases)
I still beleive that the gov and his lawyers arn’t stupid and he is ‘within his rights’ doiugn what he did and that legal arguments are goign to likely fail and that the only effective means of fightign htis unprecidented gun grab is for non violent civil disobedience liek previosuly described-
I hiope the lawyer can do it, but I do not beleive he has a strogn enough argument because kkkuomo and his lawyers no doubt know they have the ‘right’ to regulate as they see fit and no doubt know how to manipulate the ‘due process’ issue too
IF he stood there and said “NY’ers atre no logner allowed to own any guns’ then that would be a blatant clear violation of hte secodn amendment, but the way He’s confiscatign guns is by ‘complying with’ the cosntitution while makign it nearly impossible to get and own a gun- and nothign is goign to detere him- IF by soem miracle he loses the battle, he’ll simply enact another ‘emercency bill’ that is more carefulyl worded, and likely more restrictive strill-
[[Megan Kelley is no legal expert]]
Actually she was a lawyer- and apaprently the constitution does contain the idea that the gov can ‘regulate guns’- which means that the gov is ‘within his rights’ doign what he did- which is why I strongly beleive that legal action will not hold- The case of heaklth care and the supreme court had a much stronger argument- and even that lost when it was clearly a violation of the constitution- roberts didn’t evne deny that- he simply washed his hands of his duty to uphold the constitution, blamed Americans for the uncosntitutional actiosn of the perez- and gave the green lgith to hte perez to keep doign the same thing
Tresmond has a very large hill to climb- I wish him luck, becuase it’s apaprent that NY’ers don’t give a crap abotu standign up for hteir rights the way they should