GUNS: Watch this legislation
A recently passed state Senate bill would allow a judge to order the confiscation of privately held firearms without a conviction of an infraction, misdemeanor or felony.
May I direct readers and fellow citizens to the Idaho Constitution, Article 1, Section 11: Right To Keep and Bear Arms. The last sentence in the above section reads as follows: “Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.”
I have a couple of questions for the state senators who voted for SJR101. Why have you lightly cast off your oath of office to vote for this illegal abomination that clearly violates the Second Amendment and the Idaho Constitution? Was there a monetary inducement involved? Or do you believe you know what’s best for the electorate?
Again, I remind readers of a U.S. Supreme Court decision in Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176. (1803) “All laws which are repugnant to the Constitution are null and void.”
Again, as stated in 16 Am Jur 2d, Sec 177 late 2d, Sec 256; The general rule is that an unconstitutional statute, though having the form and name of law, in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
In closing, please consider: where the people fear the government, you have tyranny; where the government fears the people, you have LIBERTY.
RAY GODDARD
Emida