WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER’S ORDER, BANNING PUBLIC GUN SHOWS, LIKELY VIOLATES FIRST AND SECOND AMENDMENT RIGHTS.
CAN A STATE OR ANY JURISDICTION WITHIN A STATE BAN PUBLIC GUN SHOWS OUTRIGHT, WITHOUT ILLEGALY TRAMPLING THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS?
“And, now, come to this spot
Where the spotlight is hot
And you’ll see in the spotlight
A Juggling Jott
Who can juggle some stuff
You might think he could not. . .
Such as twenty-two question marks,
Which is a lot.
Also forty-four commas
And, also, one dot!
That’s the kind of Circus McGurkus I’ve got!”
~ From the Children’s Book, “If I Ran the Circus,” by Dr. Seuss (published by Random House 1956)
We see with disturbing regularity, Governments, be they the federal Government, a State Government, or Government of a County, township, or municipality, blindly, indiscriminately, with stunning alacrity, and feverish abandon, enacting laws, codes, regulations, ordinances, or, as in the case, recently, in the County of Westchester, in the State of New York, an Executive Order that negatively impacts substantive, fundamental Constitutional Rights. Those in power, like the Westchester County Executive, George Latimer, seek, in the fiefdom, they “rule,” a fanciful, but nightmarish world, a personal circus, that mirrors a conception of reality acceptable to them–a conception of reality consistent with their personal philosophy and ethical system but one at once inconsistent with the blueprint for a free Republic that the founders of our Nation designed and established for the American people, and one inconsistent with the rights and liberties that the framers of our Bill of Rights insisted on as a critical component of the Nation’s Constitution, as a safeguard against the very actions that people such as George Latimer take. People, like the present Westchester County Executive, filled with their own smug certainty of what is right and proper, would dare to force the ordinary citizens, who reside in their domain of power, to live in the “circus” they create, compelled to obey and abide by the law they lay down, irrespective of natural law, codified as sacred rights and liberties comprising our Bill of Rights–rights existent intrinsically in each American citizen, as placed in each American soul, by the hand of the Divine Creator, that no man, acting as a demigod, may rationally and lawfully counteract or nullify.
WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER OVERTURNS THE ORDER OF HIS PREDECESSOR, ROB ASTORINO.
On January 2, 2018, George Latimer, a Democrat, took the oath of Office in his White Plains, New York Office, as the new County Executive of Westchester County, and wasted no time to attack the Second Amendment to the U.S. Constitution. “On his second day as Westchester County Executive, George Latimer delivered on a promise from in [sic] his campaign, and signed an Executive Order prohibiting the sale of guns on Westchester County property.” What precipitated this Executive Order? Apparently, George Latimer sought to reimpose on the American public that resides in Westchester County an earlier ban on public gun shows ordered by a prior Westchester County Executive, Andrew J. Spano, that had been lifted by George Latimer’s immediate predecessor, Rob Astorino. As explained, further, on the Westchester Government website,
“In 1999, gun shows were banned at the Westchester County Center by former County Executive Andrew J. Spano [a Democrat] in the wake of the mass shooting at Columbine High School in Colorado. That prohibition was later revoked by Latimer’s immediate predecessor [Rob Astorino, a Republican].
‘Westchester County government should not be in the business of advancing the sale of weapons and other items often sold at gun shows – plain and simple,’ said Latimer. ‘This is not a restriction on gun shows in the entire county, but rather just on public land.’
Text from the Executive Order states that ‘WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth. Gun shows are not what taxpayer financed property should be used for.'”
Several websites dryly report this event; several with approval, some not.
The seesawing of actions, up and down, back and forth—where one Westchester County Executive bans public guns shows, another County Executive lifts the ban, and a third County Executive reimposes the public gun show ban—reflects a clash of philosophies pertaining to import and purport of the Second Amendment, and to the First Amendment to the U.S. Constitution as well, played out on a small scale. How this clash of philosophies ultimately pans out, when fought out on the broad national scale, in Congress and in the U.S. Supreme Court, though, will have, for the American citizenry, vast implications and ramifications, for good or ill, for generations of Americans to come.
THE INDEFATIGABLE OBSTINANCE OF THOSE FORCES THAT DENIGRATE AND REFUSE TO TOLERATE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS KNOWS NO BOUNDS.
George Latimer’s Executive Order, banning public gun shows in Westchester County, represents the latest effort of antigun forces to place obstacles in the path of those American citizens who, as Latimer and his fellow travelers see it, have the audacity to exercise the natural and fundamental right of the people to keep and bear arms that the framers codified in the Bill of Rights of the U.S. Constitution. The framers, for their part, with clarity of foresight, provided to them with guidance from Divine Providence, saw abundant need for this sacred right to be codified in the Bill of Rights. The framers of the Bill of Rights, the founders of our free Republic, knew full well that nothing but force of arms serves to check tyranny and nothing but force of arms best protects the life, well-being, and sanctity of the individual. Thus, as Latimer and his cohorts in the antigun conspiracy take exception with those American citizens who wish merely to exercise, unimpeded, the right to own and possess firearms for their protection and to safeguard the continued existence of a free Republic, George Latimer and his antigun cohorts must also take exception with the framers of the Bill of Rights, for it is they, who made clear enough, beyond the power of anyone to ignore, that the right of the people to keep and bear arms does exist, that the right is sacred and indelible, and that this right, more than any other, defines our Nation and defines what it means to be an American citizen.
GEORGE LATIMER LAYS OUT FOR THE MAINSTREAM NEWS MEDIA PRESS THE PREDICATE BASIS FOR HIS EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY, SIGNALING HIS VEHEMENT DISAPPROVAL OF FIREARMS AND HIS STRONG DISAPPROVAL OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.
Where George Latimer’s sympathies lie on matters pertaining to the right of the people to keep and bear arms, one can readily ascertain. Talking to the Press, Latimer resorts to use of simplistic, superficial, banal political oratory, eschewing erudite, logical discourse—treating the public with condescension and contempt, as politicians customarily and most sadly do—punctuating his well-rehearsed talking points with the confident self-assurance and moral certitude of a televangelist delivering a weekly sermon to his TV audience. “Latimer said Tuesday that gun shows do not represent the family values reflected in the other events held at the county facilities. The ban is not a restriction on gun shows in the entire county, but just on public land, he said. ‘The County Center hosts basketball, Westchester Knicks play there in the developmental league, we have had the Harlem Globetrotters come in for performances, we have a bridal show coming up, we have a model train show that normally comes into the arena, we have job fairs and high school graduations and concerts, all very friendly family fare,’ he said.”
The County Executive, George Latimer, also proclaims: “I believe the majority of the Board of Legislators, and myself as executive, believe very strongly that this is the wrong venue for a gun show. . . .”
Well, who would dare oppose George Latimer; for, after all, as stated in County Code: “The County Executive shall be the chief executive and administrative officer of the county and the official head of the county government.” Westchester County Code of Ordinances, Part I, Charter, Article 110, County Executive.
COUNTY EXECUTIVE GEORGE LATIMER’S BAN ON PUBLIC GUN SHOWS IN WESTCHESTER COUNTY SIGNALS HIS SUPPORT OF GOVERNOR ANDREW CUOMO’S ANTAGONISTIC ATTITUDE TOWARD GUNS AND THE GOVERNOR’S ANTAGONISTIC ATTITUDE TOWARD THE EXERCISE OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.
As George Latimer, County Executive, sets his imprimatur on the County level, one would do well to recall Governor Andrew Cuomo’s own actions, negatively infringing the Second Amendment right of the people to keep and bear arms, on the State level. After all, it was Governor Cuomo who signed into law, on January 15, 2013, and who exclaims with visible pride, enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY Safe Act), one of the most restrictive and draconian set of firearms laws ever to be enacted in the United States—and a direct and clear repudiation of and affront to the fundamental right, codified in the Second Amendment to the U.S. Constitution. Other anti-Second Amendment Governors have used the NY Safe Act as a model for enactment of their own restrictive firearms laws. And, on the national stage, U.S. Senator Dianne Feinstein had envisioned and had hopes of engineering similar NY Safe Act legislation for the entire Nation—a direct and cold and calculated and audacious challenge to any American citizen who might wish to exercise his or her fundamental right to keep and bear arms. Fortunately, she did not succeed in that endeavor. But, like a true fanatic, she employs indefatigable resolve, constantly introducing anti-Second Amendment bills in the U.S. Senate, and forever scheming behind closed doors.
Antigun Politicians like Governor Andrew Cuomo and Westchester County Executive, George Latimer, and Senator Dianne Feinstein know they can always rely on the mainstream news media to trumpet, with great fanfare, their antigun message.
THE MAINSTREAM NEWS MEDIA “PRESS” SERVES IS OWN ENDS, AND THOSE OF ITS BENEFACTORS—THE WEALTHY, POWERFUL, RUTHLESS INTERNATIONALIST, TRANS-NATIONALIST GLOBAL “ELITE” THAT IT OBSEQUIOUSLY SERVES—TO DENIGRATE, INCESSANTLY, UNCEASINGLY, THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE BILL OF RIGHTS.
Arguably, one of the most unforgiveable actions of the ‘mainstream news media’—where the expression, ‘mainstream news media,’ is generally equated with the term, ‘Press,’ as the word, ‘Press,’ appears prominently in the First Amendment of the Bill of Rights of the U.S. Constitution —is that the Press, id est, “this mainstream news media Press,” fails to defend the fundamental right of the people to keep and bear arms, as codified in the Second Amendment. That is bad enough. Worse, the mainstream news media Press caustically, audaciously, and emphatically attacks those who defend the right codified in the Second Amendment. This mainstream news media Press, scurrilously abets the actions of those governmental leaders, who, with the power they wield through the Legislative Office they hold, do their utmost to undermine, rather than defend the right.
Mainstream news media organization newspaper publishers like The New York Times, Chicago Tribune, Washington Post, The Guardian, and USA Today, and mainstream news media broadcast outlets like ABC, MSNBC, CBS, CNN, PBS, and BBC all provide a quick and ready and willing forum for those Congressional and State legislators and for those antigun proponents and antigun provocateurs and for those obstreperous left-wing agitators that allows them to malign those American citizens who hold to traditional American values and who seek to exercise their fundamental right to keep and bear arms. With customary malicious and malevolent bravado, and self-assured smugness, these mainstream news media newspapers and other mainstream media news organizations and their affiliates denigrate the Second Amendment and denigrate those who support it and denigrate those who support the framers’ conception of the other Nine Amendments as well. Through their commentary and Op-Eds, and through their news reporting, too–where mainstream media news coverage is seen less as hard, so-called “straight” news and more as editorial slants posing as news stories–these mainstream media news organizations deliberately and disingenuously concoct a central theme, a story-line, a story narrative, that, day-by-day, builds upon the story of the day before, not unlike what one sees when reading a work of fiction,that, chapter by chapter, builds sequentially on what came before, to a pre-ordained conclusion that the author mandates in the template for the work of fiction that the author creates.
This same mainstream news media Press malevolently assails, with sanctimonious conviction and obvious glee, anyone who might dare challenge its pronouncements; for, the Press quickly reminds the American public that freedom of the Press is, after all, a fundamental right, even as that same Press insists that the right of the people to keep and bear arms isn’t. The irony in the claim—selectively and vehemently defending one fundamental right while viciously attacking another—is, apparently, lost on those who work for the mainstream news media Press, even if that irony isn’t lost on any other American.
So, it should not be surprising that some Governmental leaders operate with characteristic aplomb and abandon to enact laws and take actions that undercut the right of the people to keep and bear arms as they have a powerful ally in the mainstream news media Press on their side. George Latimer evidently knows he has the backing of this mainstream news media Press, and with this Press on his side, he acts with impunity. Together, with a compliant County Government he leads, he obviously feels confident that his bold, legally dubious Executive Order, banning public gun shows, will go essentially unchallenged. For, who would dare confront him?
Well, the Arbalest Quarrel does challenge Westchester County Executive George Latimer’s Order, banning public gun shows in Westchester County. And, we do proclaim loudly, assertively and confidently: Meaningful, compelling, deserving and discerning bases exist, in law, to challenge County Executive George Latimer’s Executive Order, on that portion of the Executive Order we have seen, as posted on the County Government website.
Why do we say this? We have the weight of legal authority on our side.
COUNTY EXECUTIVE GEORGE LATIMER’S ACTION, BANNING PUBLIC SHOWS IN WESTCHESTER COUNTY IS LIKELY UNLAWFUL, AND A COGENT LEGAL BASIS EXISTS FOR CHALLENGING THE EXECUTIVE ORDER IN COURT.
Granted, the Arbalest Quarrel hasn’t had an opportunity to review the full text of George Latimer’s Executive Order. The reason is that the full text of the Executive Order has not been published on the Westchester County website. In time, perhaps, the full text of the Executive Order will be posted on the County Government website. There is, apparently, more to it.
But, what we do see, from that portion of the Executive Order that has been published, namely that “recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for,” says enough for purpose of challenging the lawfulness of the Order. For, consistent with and supportive of George Latimer’s sentiments about firearms and about gun shows, as expressed to the mainstream news media Press, along with the language of the Executive Order itself, we conclude the language of the Order, as buttressed by the Westchester County Executive’s statements to the mainstream news media Press, demonstrate not only the County Executive’s open and visceral abhorrence of firearms, and not only his distaste for the right of the people to keep and bear arms as codified in the Second Amendment to the U.S. Constitution, and not only his contempt for American citizens who wish to exercise that right, but constitute, too, unconscionable violations of the freedom of speech clause of the First Amendment to the U.S Constitution.
That portion of the Westchester County Executive Order we have read, be it coupled with the Westchester County Executive’s statements to mainstream media newspapers and broadcast outlets, or not, amounts to an open admission of violation of the freedom of speech clause of the First Amendment.
The Arbalest Quarrel will provide an in-depth analysis in a future article. Suffice it to say, here, that George Latimer’s Executive Order, through its very language, contravenes United States Supreme Court law.
In critical part, the U.S. Supreme Court stated, in the 1994 case, Turner Broadcasting System vs. FCC, 512 U.S. 622; 114 S. Ct. 2445; 129 L. Ed. 2d 497; 1994 U.S. LEXIS 4831; 62 U.S.L.W. 4647: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal. See Leathers v. Medlock, 499 U.S. at 449 (citing Cohen v. California, 403 U.S. 15, 24, 29 L. Ed. 2d 284, 91 S. Ct. 1780 (1971));West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 638, 640-642, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943). Government action that stifles speech on account of its message, or that requires the utterance of a particular message favored by the Government, contravenes this essential right. Laws of this sort pose the inherent risk that the Government seeks not to advance a legitimate regulatory goal, but to suppress unpopular ideas or information or manipulate the public debate through coercion rather than persuasion. These restrictions ‘raise the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace.’ Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105, 116, 116 L. Ed. 2d 476, 112 S. Ct. 501 (1991).
For these reasons, the First Amendment, subject only to narrow and well-understood exceptions, does not countenance governmental control over the content of messages expressed by private individuals. R. A. V. v. St. Paul, 505 U.S. 377, 393, 120 L. Ed. 2d 305, 112 S. Ct. 2538 (1992); Texas v. Johnson, 491 U.S. 397, 414, 105 L. Ed. 2d 342, 109 S. Ct. 2533 (1989). Our precedents thus apply the most exacting scrutiny to regulations that suppress, disadvantage, or impose differential burdens upon speech because of its content. See Simon & Schuster, 502 U.S. at; id., at (KENNEDY, J., concurring in judgment); Perry Education Assn. v. Perry Local Educators’ Assn., 460 U.S. 37, 45, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983). Laws that compel speakers to utter or distribute speech bearing a particular message are subject to the same rigorous scrutiny. See Riley v. National Federation for Blind of N.C., Inc., 487 U.S. at 798; West Virginia Bd. of Ed. v. Barnette, supra. In contrast, regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny, see Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 82 L. Ed. 2d 221, 104 S. Ct. 3065 (1984), because in most cases they pose a less substantial risk of excising certain ideas or viewpoints from the public dialogue.”
Let’s deconstruct a portion of this high Court opinion: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal.”
There is a marked tension between the words of the U.S. Supreme Court and the words expressed in Westchester County Executive’s Order; for the language of the Executive Order stands in clear, categorical defiance to the well-reasoned opinion of the high Court in Turner. Again, the specific language of the Westchester County Executive Order of George Latimer reads: “WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for [emphasis our own].” This is a presumptuous, arrogant assertion. Latimer predicates this Executive Order on, and attempts to support an unlawful and despicable Governmental act on, false moral piety. It is a ruse; no less so, if George Latimer truly believes that his Executive Order is justified because, in his mind, he has generated it from a sense of superior moral conviction, and sees it as an act of beneficence toward the residents of Westchester rather than, for what it really is, an act of defiance toward the supreme authority, establishing, in no uncertain words, the fundamental rights and liberties etched in stone in the Bill of Rights. Yet, Latimer’s Executive Order, banning public gun shows in Westchester County, is nothing less than illegal gag order on free expression, posing as a righteous moral edict. For George Latimer is doing no less than thrusting his personal beliefs into the public sphere concerning what he sees, or what he would like to see, as the appropriate use of public County land and what he perceives as not constituting appropriate use of public land. Latimer obviously detests guns, and he obviously abhors a citizen’s exercise of the Second Amendment right to keep and bear arms. By banning public gun shows, George Latimer uses his Office to make manifest in law, to actualize in Westchester County, his personal opinions and pompous high-minded moral judgments of what he deems to constitute appropriate behavior and what he signals as inappropriate behavior, informing residents of Westchester County, in no uncertain terms, as to what constitutes appropriate behavior in the County and what does not. Obviously, for George Latimer, those who wish to promote and hold public gun shows and those who wish to attend public gun shows are both engaging in inappropriate, immoral or amoral behavior, and he has signaled his clear disapproval of that behavior through the Executive Order he has issued on the matter. Undoubtedly, we will see more such Executive Orders emanating from his Office in White Plains, New York.
George Latimer takes upon himself the role of guardian of public morality, and he has, through issuance of his Executive Order, given himself, albeit tacitly, the title of High Priest of Moral Order and Rectitude. It is George Latimer who determines what behavior is worthy of free speech protection under the First Amendment and what speech is not worthy of such protection, in Westchester County. Through his actions George Latimer demonstrates the height of arrogance and presumption. He uses a heavy hand to constrain the right of free speech that Westchester County residents might, one would think, reasonably expect is theirs to enjoy, as such right is codified in the First Amendment; and he uses a heavy hand to constrain, as well, the right of the people to keep and bear arms, as codified in the Second Amendment–another fundamental right that Westchester County residents might, one would think, also reasonably expect is theirs to enjoy. Not so, according to George Latimer. But, the Courts may think differently. Latimer’s Executive Order is not likely to stand up to rigorous legal scrutiny. For, contrary to George Latimer’s assertions as manifested in his actions, the Bill of Rights doesn’t stop at the border of Westchester County. Moreover, that the County Executive would deign, at least for a time, to allow gun shows to proceed unimpeded on “private” land within the County, for those Westchester residents who would wish to attend them, the fact that private gun shows may be permitted in Westchester County, when public gun shows cannot, under Latimer’s Executive Order, does not suffice to circumvent a charge of Constitutional violations impacting public gun shows, whether private gun shows are a feasible, practical alternative or not.
Under our system of laws, as interpreted by the U.S. Supreme Court, consistent with the U.S. Constitution, George Latimer, in his official capacity as the Westchester County Executive, but also as an American citizen, thrusts a personal view toward firearms on others which sees expression as a ban on public gun shows. But, it is one thing for an American citizen to dislike guns, to dislike gun shows, and to dislike the Second Amendment and to hold personal views on what should, in that person’s mind constitute limits on free expression under the First Amendment, and, thereupon, to express views consistent with those preferences. That is permitted. That itself reflects a sacred right that an American citizen shall, as he or she wishes, exercise, freely, without constraint. That entails, as well, the sanctity and inviolability of each individual American citizen to be individual–a basic precept that underlies the entirety of the Nation’s Bill of Rights. But where, as here, an American citizen—who wields power as a Government official—would dare impose, indeed, inflict, his belief systems on others, by erecting barriers to another American citizen’s fundamental and substantive Constitutional rights, that cannot and must not be borne. Governmental officers are, after all, in this Nation, under our Constitution and under our system of laws, public servants. Their duty is to serve the people, not to command subservience of the people, to bend the will of the American citizenry to that official’s will. The Bill of Rights operates as an absolute constraint on the authority of any Governmental official, whether serving at the Federal, State, County, or local level. The Bill of Rights cannot lawfully be overridden, either by Statute or by Executive fiat. The Bill of Rights sets the parameters beyond which no Governmental official is permitted lawfully to enter.
The U.S. Supreme Court further stated, in Turner,
“As a general rule, laws that by their terms distinguish favored speech from disfavored speech on the basis of the ideas or views expressed are content-based. See, e.g., Burson v. Freeman, 504 U.S. 191, 197, 119 L. Ed. 2d 5, 112 S. Ct. 1846 (1992) (‘Whether individuals may exercise their free-speech rights near polling places depends entirely on whether their speech is related to a political campaign’); Boos v. Barry, 485 U.S. 312, 318-319, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988) (plurality opinion) (whether municipal ordinance permits individuals to ‘picket in front of a foreign embassy depends entirely upon whether their picket signs are critical of the foreign government or not’). By contrast, laws that confer benefits or impose burdens on speech without reference to the ideas or views expressed are in most instances content-neutral. See, e.g. City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804, 80 L. Ed. 2d 772, 104 S. Ct. 2118 (1984) (ordinance prohibiting the posting of signs on public property ‘is neutral—indeed it is silent—concerning any speaker’s point of view’); Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640, 649, 69 L. Ed. 2d 298, 101 S. Ct. 2559 (1981) (State Fair regulation requiring that sales and solicitations take place at designated locations ‘applies evenhandedly to all who wish to distribute and sell written materials or to solicit funds’).”
The language of Latimer’s Executive Order is, on its face, content-based, not merely neutral-based. The Executive Order, banning public gun shows in Westchester County, would, therefore, in our estimate, not withstand legal scrutiny if challenged.
CONSTITUTIONAL RIGHTS AND LIBERTIES DO NOT EXIST IN AN ACADEMIC VACUUM. THEY AFFECT THE LIVES OF ALL AMERICANS IN A TANGIBLE WAY; AND TWO OR MORE RIGHTS, SUCH AS THE FREEDOM OF SPEECH OF THE FIRST AMENDMENT AND THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS OF THE SECOND, OFTEN COHERE. THEY OFTEN, AS HERE, IN THE CASE OF AN EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS, GO HAND-IN-HAND.
Much of restrictive gun law legislation, apart from expressly conflicting with the Second Amendment, casts a bright light on the views of those who support such draconian legislation. It is demonstrative evidence for inferring that the proponents of such legislation seek not only to curb exercise of the fundamental, substantive right codified in the Second Amendment, but to curb the American citizen’s First Amendment expression of that Second Amendment right. These two Rights go hand-in-hand. When antigun proponents talk disparagingly of a so-called “gun culture” or “culture of guns,” that they seek to curb, they really mean to contravene, to place unconstitutional constraints on the free speech clause of the First Amendment too. George Latimer’s Executive Order, unlike many restrictive gun measures, overtly—not merely impliedly—infringes the First Amendment’s guarantee of freedom of speech, afforded all American citizens and would, if challenged, likely be struck down as an unlawful overt and absolute attempt to control content of speech, well beyond the regulation of time, place, and manner of speech. George Latimer seeks to control expression of what to some constitutes an unpopular view as much as he seeks to contain gun shows in Westchester County. He sees public gun shows as unwanted displays of “gun culture” and of the “culture of guns” that he, along with other like-minded antigun proponents and antigun provocateurs denigrate, They thereupon attempt to contain, constrain and constrict and, eventually, to eradicate gun ownership and gun possession in this Nation, in the tangible, physical sense, But, they go beyond that. They seek much, much more. They seek no less than to eradicate, to excise from the memory of man, from the mind of the American citizenry, the very desire for, the very wish to exercise the right of the people to keep and bear arms–to erase, then, from the mind of each American citizen that anything sacred exists in the Second Amendment to the U.S. Constitution. They seek for a day to arrive when people here perceive the Second Amendment as not merely archaic, anachronistic, and obsolete, but incongruent, bizarre, meaningless. To that end the mainstream news media Press and our Nation’s Educational system is hard at work–hard at work to disrupt and destroy the Second Amendment and hard at work to destroy the unreasonable searches and seizures clause of the Fourth Amendment and hard at work to change the American public’s perceptions toward and to severely constrain the notion of freedom of speech clause of the First Amendment
GEORGE LATIMER’S EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY RAISES OTHER LEGAL, AS WELL AS PERTINENT SOCIAL AND POLITICAL QUESTIONS, APART FROM THE EXECUTIVE ORDER’S NEGATIVE IMPACT ON THE FIRST AND SECOND AMENDMENTS TO THE U.S. CONSTITUTION.
George Latimer’s Westchester ban on public gun shows in Westchester County–a ban that does not simply regulate time, place and manner of public gun shows but amounts to a total prohibition on gun shows–must be seen for what it really is: pernicious, discriminatory State regulation, operating to deny to a substantial class of American citizens use of a public forum for a legitimate Constitutional purpose. The question posed for review is this: Does not George Latimer’s Executive order operate overtly, and unconscionably, and contemptuously to unconstitutionally discriminate against an entire class of citizenry, namely those American citizens who desire to own and possess firearms, by denying to these American citizens a vehicle, in the form of a public forum, through which an American citizen, not under disability, may seek to view and purchase firearms and such other items, such as memorabilia, that an American citizen has the right to own and possess?
If an American citizen seeks merely and only to exercise a fundamental, substantive Constitutional right and if a public accommodation allows that citizen to exercise a fundamental Constitutional right, on what basis can a Governmental agent–in this particular case, the County Executive, George Latimer–lawfully deny, in totality, to an American citizen, the use of a public accommodation in which that substantive, Constitutional right may be exercised? If a legal basis does not exist for a total ban on gun shows, then George Latimer’s unilateral action constitutes no less than an overt, unconstitutional discrimination against gun owners who desire to own and possess firearms. If true, then, does not George Latimer’s Executive order impinge on and infringe the due process and equal protection clauses of both the Fifth and Fourteenth Amendments to the U.S. Constitution, as well as operating as an infringement of the free speech clause of the First Amendment and as an infringement of the Second?
That George Latimer deigns to allow private gun shows to continue to be held in Westchester County, apart from public gun shows–at least for the time being–does permissible use of private accommodations for gun shows obviate Constitutional issues associated with a total ban on public gun shows in Westchester County?
Then, too, does not George Latimer’s ban on public gun shows operate as a shifty and deceitful attempt to slide around what antigun proponents and antigun provocateurs and antigun conspirators see as the public gun show “loophole” to the instant criminal background check system under federal law? For, if public gun shows do not exist, then, the perceived “loophole” issue disappears into mist. But, is not the “loophole” issue and is not the very expression ‘gun show loophole’ itself a myth perpetrated by and perpetuated by antigun proponents, antigun provocateurs and antigun conspirators to strain and constrain exercise of the right of the people to keep and bear arms?
We will continue with our analysis of the Westchester County Executive George Latimer’s Executive Order in a forthcoming article.
A CLOSING NOTE: WHAT WE ARE SEEING; WHAT IS AT STAKE.
We see, of late, and with more insistent and incessant fury, a bold attack on the very cultural traditions and core values and belief systems of this Country underway. Do American citizens not see that, despite the electoral triumph of Donald Trump to the U.S. Presidency, there is a conscious, sinister, insidious, diabolical effort underway to undercut our most cherished rights and liberties, and that this process is being carried out by the sinister forces that crush Nation States? Do American citizens not see that these forces intend to crush our Nation State through a systematic, orchestrated scheme of disinformation, misinformation, pseudo-information, and non-information designed to demoralize the American citizenry; to impose a false sense of guilt onto the American citizenry; to confuse and confound the American citizenry; to devalue the Bill of Rights, to devalue the notion of ‘American citizen,’ to soften and mold and reshape the contours of this Nation’s citizenry as if the American people were but a lump of clay; to transform the American citizenry into weak, guilt-ridden, anxious souls.
We see that Americans have lost the right to privacy. They have lost the right to be free from unreasonable searches and seizures. They have lost the right of free speech, the right to speak their mind, as threat of public reprimand, and threat of loss of employment are omnipresent. They are slowly losing their God-given right of the people to keep and bear arms.
We see monopolistic corporate mega-structures emerging in all business sectors: technology, finance, media, entertainment. We see these colossal mega-structures imposing bizarre, alien rules and bizarre principles of behavior on society, across society. They are doing this with impertinence, impudence, false piety, and with a disgusting sense of self-righteousness, and with impunity. And they are using their horde of wealth and outsize power to influence Government. They are operating as if they were Government, but as a Government free of constraints imposed on Government by the Bill of Rights–a Document that is systematically being dismissed as irrelevant.
We see our Nation awash in waves of illegal aliens, falsely and loudly clamoring for and oddly claiming rights they do not have and should never be given. And, we see waves of unassimilable, poverty-stricken, ill-informed, mentally lazy refugees flooding into our Country from failed States. These individuals make an unwieldy welfare State, that we are becoming, even more untenable. They strain our resources and require support from our citizenry. And, many in Congress support this, would allow this; would encourage this. They would enact new immigration laws that would further disrupt our economy, and negatively impact our mores, our values, our sacred roots. We see, even now, our history revised; our children taught alien ideas. Our sense of National identity is being turned on its head. More than questioned, national identity, as perceived by the founders of our free Republic, is now scorned, and reviled, and slowly revised.
How far can this awful state of affairs go? When will the American people fight back to recover their sacred birthright?
Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.