Unconstitutional? New NY gun laws to apply retroactively

Glenn took a deeper look at the new gun laws passed in New York this week that are being called "the most restrictive gun control laws in the country". One of the major components of the new law being that magazines are now limited to holding only seven bullets.

"What's interesting about this," Glenn points out, "is that they didn't include police officers. So, there's no loophole for police officers."

"So if your a police officer, you better arrest yourself," he added.

Another detail now being discovered in this legislation is that it's retroactive up to one year. Gun owners are not simply grandfathered into these new laws. Essentially, one year from this week, you would have to get rid of all of the magazines you own that hold over seven bullets. If you don't, you're breaking the law.

So legally purchased items have now become illegal.

"This is unconstitutional," Pat said. "Say what you will about it, but it's flat out unconstitutional."

"Has there ever been a case of where you purchased something, and it's now illegal?" Glenn asked.

The only circumstance Stu could think of where law may have been enacted retroactively was car emissions regulations.

Just in case these regulations apply to you, here are the facts we were able to dig up on retroactive (ex post facto) laws in the United States Constitution.

Clause 3 of Article 1, Section 9 of the Constitution states that Congress is prohibited from passing ex post facto laws. The states are prohibited in clause 1 of Article 1, Section 10.

This is one of the relatively few restrictions that the United States Constitution made to both the power of the federal and state governments before the Fourteenth Amendment. The case referred to in the rulings of many of these Supreme Court cases is Calder vs. Bull. In the case Justice Samuel Chase held that prohibition applied only to criminal matters, not civil. Four categories of unconstitutional ex post facto laws were established.

There have been cases where retroactive laws have not been held unconstitutional. These include restrictions on convicted sex offenders and sex offender registration. A domestic violence offender gun ban was held up, where firearm prohibitions were imposed on people who have been convicted of misdemeanor domestic-violence offenses and on subjects of restraining orders. Retroactive taxes are also not considered ex post facto laws.

So, while there does seem to be some disparity around regulations and retroactive law, it would appear that if you don't have a criminal background, laws that make something you own illegal when it was purchased legally are unconstitutional.

And they should be. As Stu points out, responsible, law-abiding gun owners are some of the most serious about gun crime. They want people to abide by the law.

"The most serious people on gun safety, and the people most serious about punishing offenders [of gun crime] are the people that I know in the N.R.A.," Glenn added.

Glenn noted the biggest applause lines he gets when giving speeches at the N.R.A. are when he discusses punishing and stopping offenders of gun crime.

"They're responsible with their guns. They know the meaning of a gun. And yet, they're made to look like the monsters," Glenn said.

The people the laws would target — especially retroactive laws — are not criminals. They're not the people committing gun crimes. They're responsible law-abiding citizens that have followed all of the laws.

Despite the unconstitutionality of the new laws, there's another issue. Nobody knows how many magazines a person has.

"Do you announce what magazines you have? Do you just destroy the magazines that you have?" Glenn asked.

It's hard to believe that responsible gun owners will be reporting and handing over magazines they purchased legally. There is no reason to turn a law-abiding citizen into a criminal or to make them feel like a criminal. Like you'll see in the video below, there are legitimate reasons that both Democrats and Republicans should be able to see eye-to-eye on when it comes to gun-ownership and the rights of law-abiding American citizens.

Terry Trobiani owns Gianelli's Drive Thru in Prairie Grove, Illinois, where he put up a row of American flags for the Fourth of July. But the city claimed he was displaying two of them improperly and issued him a $100 ticket for each flag.

Terry joined Glenn Beck on the radio program Tuesday to explain what he believes really happened. He told Glenn that, according to city ordinance, the American flag is considered "ornamental" and should therefore have been permitted on a federal holiday. But the city has now classified the flag as a "sign."

"Apparently, the village of Prairie Grove has classified the American flag as a sign and they've taken away the symbol of the American flag," Terry said. "So, as a sign, it falls under their temporary sign ordinance, which prohibits any flying, or any positioning of signs on your property — and now this includes the American flag. [...] The only way I could fly the American flag on my property is if I put it on a permanent 20 to 30-foot flagpole, which they have to permit."

Terry went on to explain how the city is now demanding an apology for his actions, and all after more than a year of small-business crushing COVID restrictions and government mandates.

"COVID was tough," Terry stated. "You know, we're in the restaurant business. COVID was tough on us. We succeeded. We made it through. We cut a lot of things, but we never cut an employee. We paid all our employees. I didn't take a paycheck for a year just to keep our employees on, because it was that important to me to keep things going. And, you know, you fight for a year, and you beat a pandemic, and then you have this little municipality with five trustees and a president, who just have no respect for small businesses. And right now, what I see is they have no respect for the republic and the United States ... I think it's terrible. The direction that government, at all levels, have taken us to this point, it's despicable."

Watch the video below to catch more of the conversation:


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The Biden administration is now doing everything it can to censor what it has decided is COVID-19 "misinformation." But Glenn Beck isn't confident that the silencing of voices will stop there.

Yeonmi Park grew up in North Korea, where there is no freedom of speech, and she joined Glenn to warn that America must not let this freedom go.

"Whenever authoritarianism rises, the first thing they go after is freedom of speech," she said.

Watch the video clip below from "The Glenn Beck Podcast" or find the full episode with Yeonmi Park here:

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Most self-proclaimed Marxists know very little about Marxism. Some of them have all the buzzwords memorized. They talk about the exploits of labor. They talk about the slavery of capitalist society and the alienation caused by capital. They talk about the evils of power and domination.

But they don't actually believe what they say. Or else they wouldn't be such violent hypocrites. And we're not being dramatic when we say "violent."

For them, Marxism is a political tool that they use to degrade and annoy their political enemies.

They don't actually care about the working class.

Another important thing to remember about Marxists is that they talk about how they want to defend the working class, but they don't actually understand the working class. They definitely don't realize that the working class is composed mostly of so many of the people they hate. Because, here's the thing, they don't actually care about the working class. Or the middle class. They wouldn't have the slightest clue how to actually work, not the way we do. For them, work involves ranting about how work and labor are evil.

Ironically, if their communist utopia actually arrived, they would be the first ones against the wall. Because they have nothing to offer except dissent. They have no practical use and no real connection to reality.

Again ironically, they are the ultimate proof of the success of capitalism. The fact that they can freely call for its demise, in tweets that they send from their capitalistic iPhones, is proof that capitalism affords them tremendous luxuries.

Their specialty is complaining. They are fanatics of a religion that is endlessly cynical.

They sneer at Christianity for promising Heaven in exchange for good deeds on earth — which is a terrible description of Christianity, but it's what they actually believe — and at the same time they criticize Christianity for promising a utopia, they give their unconditional devotion to a religion that promises a utopia.

They are fanatics of a religion that is endlessly cynical.

They think capitalism has turned us into machines. Which is a bad interpretation of Marx's concept of the General Intellect, the idea that humans are the ones who create machines, so humans, not God, are the creators.

They think that the only way to achieve the perfect society is by radically changing and even destroying the current society. It's what they mean when they say things about the "status quo" and "hegemony" and the "established order." They believe that the system is broken and the way to fix it is to destroy, destroy, destroy.

Critical race theory actually takes it a step farther. It tells us that the racist system can never be changed. That racism is the original sin that white people can never overcome. Of course, critical race theorists suggest "alternative institutions," but these "alternative institutions" are basically the same as the ones we have now, only less effective and actually racist.

Marx's violent revolution never happened. Or at least it never succeeded. Marx's followers have had to take a different approach. And now, we are living through the Revolution of Constant Whining.

This post is part of a series on critical race theory. Read the full series here.

Americans are losing faith in our justice system and the idea that legal consequences are applied equally — even to powerful elites in office.

Rep. Devin Nunes (R-CA) joined Glenn Beck on the radio program to detail what he believes will come next with the Durham investigation, which hopefully will provide answers to the Obama FBI's alleged attempts to sabotage former President Donald Trump and his campaign years ago.

Rep. Nunes and Glenn assert that we know Trump did NOT collude with Russia, and that several members of the FBI possibly committed huge abuses of power. So, when will we see justice?

Watch the video clip below:


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