{"id":88300,"date":"2019-06-23T21:00:38","date_gmt":"2019-06-24T01:00:38","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=88300"},"modified":"2019-06-23T20:46:39","modified_gmt":"2019-06-24T00:46:39","slug":"f-up-on-swallwells-remarks","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=88300","title":{"rendered":"F\/Up on Swallwell’s Remarks"},"content":{"rendered":"
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U.S. Constitution – Bill of Rights<\/figcaption><\/figure>\n

What is an assault weapon? Glad you asked. Well, your big\u00a0 mouth is an assault weapon, under the law. See below for the definitions.<\/p>\n

The legal definitions of assault and battery are very specific. They have to be that way.<\/p>\n

When I was a licensed insurance broker, I was required to take classes to support my professional development and I had to pass the tests, if I wanted to keep my broker\u2019s license. One of those classes was law as it relates to the insurance business and the terms used in creating insurance policies. Some of them are extremely specific, such as the language of a Kidnap\/Ransom policy, and others are in a more generalized manner on the surface, such as an umbrella liability policy, but the actual language of the company\u2019s policy even for a UL rider to your homeowner\u2019s policy is in the insurer\u2019s documentation.<\/p>\n

So here you are, in a simple but clear summary of the two.<\/p>\n

Respectively, “assault” and “battery<\/strong>” are separate offenses. … In an act of physical violence,\u00a0assault<\/strong>\u00a0refers to the act which causes the victim to apprehend imminent physical harm, while\u00a0battery<\/strong>\u00a0refers to the actual act causing the physical harm. \u2013 Wex Legal Dictionary.<\/p>\n

That\u2019s clear to me. Assault is a verbal threat of some kind (get off my lawn or I will whatever<\/em> you) as opposed to actual battery (\u2026or I will whatever<\/em> you), which requires physical contact. It does include making threatening moves.<\/p>\n

But this means also that any politician, including and especially those who are the most loud-mouthed and self-involved of the current bunch \u2013 any politician<\/em> who refers to confiscating \u201cassault weapons\u201d is saying he\u2019s going to take away your right to free speech. Why? Because making threats does not violate the 1st Amendment of the Constitution, but it does violate criminal law and civil law.<\/p>\n

Now, technically, what Swallowswell \u2013 er, Swallwell is doing is making a threat to take away your property, something that you bought and paid for, implying that he will include using force to do so if he decides it\u2019s a necessity, through seizure, a synonym for confiscation.<\/p>\n

After reading that ridiculous \u201cwell, there will be these exceptions\u201d by him, I came to the legitimate conclusion that he is so harebrained, he has no idea what kind of threat he is making. One could literally accuse him of not only violating your 2nd<\/sup> Amendment rights, but also of violating that good ol\u2019 1st<\/sup> Amendment part regarding freedom of speech, because the only valid assault weapon you have is your Big Mouth. And those are not the only two Amendments he’s violating.<\/p>\n

Think about that for a moment.<\/p>\n

It may seem incongruous, but as a technicality, he\u2019s already made a threat that violates the whole due process thingy, which is another right guaranteed by the US Constitution, as indicated below.<\/p>\n

The\u00a0Fifth Amendment<\/strong>\u00a0says to the federal government that no one shall be “deprived of life, liberty or property without\u00a0due process<\/strong> of law.” The Fourteenth Amendment<\/strong>, ratified in 1868, uses the same eleven words, called the\u00a0Due Process Clause<\/strong>, to describe a legal obligation of all states. \u2013 Wex Legal Dictionary.<\/p>\n

This is not the same thing as invoking eminent domain to put a highway through your living room. The Fifth Amendment carries language called the Takings Clause. Eminent domain invokes the Takings Clause to put that highway through your living room, which is legal as long as you are justly compensated.<\/p>\n

The part about the Takings Clause follows:\u00a0 The Fifth Amendment’s reference to \u201cdue process\u201d is only one of many promises of protection the\u00a0Bill of Rights<\/a>\u00a0gives citizens against the federal government. Originally these promises had no application at all against the states (see\u00a0Barron v City of Baltimore<\/em><\/a>\u00a0(1833)).\u00a0However, this attitude faded in\u00a0Chicago, Burlington & Quincy Railroad Company v. City of Chicago<\/em>\u00a0(1897),<\/a> when the court incorporated the Fifth Amendment’s Takings Clause. In the the middle of the Twentieth Century, a series of Supreme Court decisions found that the Due Process Clause “incorporated” most of the important elements of the Bill of Rights and made them applicable to the states. If a Bill of Rights guarantee is “incorporated” in the “due process” requirement of the Fourteenth Amendment, state and federal obligations are exactly the same.\u00a0 https:\/\/www.law.cornell.edu\/wex\/due_process<\/a><\/p>\n

I\u2019m no Constitutional scholar and don\u2019t pretend to be. However \u2013 and this is important \u2013 if he wants to violate these parts of the U.S. Constitution this badly, in his eager haste to get votes outta the people he detests, then everything the he proposes from the start of his tossing the hat into the ring should be examined closely, picked apart until it frays into rags, and rebutted on an ongoing and constant basis. For example, he says nothing \u2013 zero, zip, nada \u2013 about compensating the owners of \u201cassault weapons\u201d for handing over such things to the government. Those “buy your guns” offers by local police offer compensation, not seizures, and they are not enforced. They are voluntary turn-ins.<\/p>\n

Furthermore, he is so ignorant of legal terms (no surprise there) that he fails to realize that anything can be used as a so-called assault weapon, including a bottle of salad dressing or a can of cat food. He really is that stupid, and while he may think he\u2019s being clever, his ignorance of legal terminology (assault vs battery) \u2013 should he pursue that path \u2013 can literally mean infringing on your right to speak freely.<\/p>\n

If you want to keep your rights, pay attention to people like this. You already know, basically, what a looter and a pillager he and others like him can be.<\/p>\n

Now you know just how ignorant he and others like him are.<\/p>\n

\"\"<\/p>\n","protected":false},"excerpt":{"rendered":"

What is an assault weapon? Glad you asked. Well, your big\u00a0 mouth is an assault weapon, … F\/Up on Swallwell’s Remarks<\/span>Read more<\/a><\/p>\n","protected":false},"author":653,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[213,82,15,47],"tags":[],"class_list":["post-88300","post","type-post","status-publish","format-standard","hentry","category-your-tax-dollars-at-work","category-gun-grabbing-fascists","category-legal","category-liberals-suck"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/88300","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/653"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=88300"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/88300\/revisions"}],"predecessor-version":[{"id":88311,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/88300\/revisions\/88311"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=88300"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=88300"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=88300"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}