The following was posted minutes ago by Lee Maisel on Facebook. They support counties and municipalities who have declared themselves "Second Amendment Sanctuaries" and their sheriffs and other law enforcement officers.
Marbury v. Madison: 5 US 137 (1803):
"No provision of the Constitution is designed to be without effect," "Anything that is in conflict is null and void of law", "Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law."
If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional by Marbury v. Madison.
Unconstitutional Official Acts
16 Am Jur 2d, Sec 177 late 2d, Sec 256:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it....
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.
No one Is bound to obey an unconstitutional law and no courts are bound to enforce it. Strictly speaking, an unconstitutional statute is not a "law", and should not be called a "law", even if it is sustained by a court, for a finding that a statute or other official act is constitutional does not make it so, or confer any authority to anyone to enforce it.
All citizens and legal residents of the United States, by their presence on the territory of the United States, are subject to the militia duty, the duty of the social compact that creates the society, which requires that each, alone and in concert with others, not only obey the Constitution and constitutional official acts, but help enforce them, if necessary, at the risk of one's life.
Any unconstitutional act of an official will at least be a violation of the oath of that official to execute the duties of his office, and therefore grounds for his removal from office. No official immunity or privileges of rank or position survive the commission of unlawful acts. If it violates the rights of individuals, it is also likely to be a crime, and the militia duty obligates anyone aware of such a violation to investigate it, gather evidence for a prosecution, make an arrest, and if necessary, seek an indictment from a grand jury, and if one is obtained, prosecute the offender in a court of law.
Therefore,
Any state or municipal or even federal "law" that is in opposition with the Constitution is NULL & VOID
Regarding carrying a firearm (open or concealed):
The most important and current case is Peruta v. County of San Diego from 2012 where it was determined:
Our conclusion that the right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense is perhaps unsurprising—other circuits faced with this question have expressly held, or at the very least have assumed, that this is so. Moore, 702 F.3d at 936 ("A right to bear arms thus implies a right to carry a loaded gun outside the home."); see also, e.g., Drake, 724 F.3d at 431 (recognizing that the Second Amendment right "may have some application beyond the home"); Woollard v. Gallagher, 712 F.3d 865, 876 (4th Cir.2013) ("We ... assume that the Heller right exists outside the home...."); Kachalsky, 701 F.3d at 89 (assuming that the Second Amendment "must have some application in the very different context of the public possession of firearms").
Miller v. United States, 230 F.2d 486 (5th Cir. 1956); "The claim and exercise of a constitutional right cannot be converted into a crime." Evelyn Miller stood on her Fourth Amendment rights and refused to allow a U.S. Marshal into her home without a search warrant, federal prosecutors charged her with “obstruction of justice.” In reversing her conviction, the court noted that Miller “asserted a right which was hers, and which none could take away. That it . . . subjected the officers to the inconvenience of getting a lawful writ, neither detracts from this right nor subjects her to a crime for having asserted it.” Id. at 489-490.
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