Jury Nullification - The Second Amendment's Last Stand

In the State of Illinois, along with the issuance of the first Concealed Carry License comes the thought that finally - finally - every person in the United States of America who chooses to carry may do so as long as they comply with their States requisites.  It may feel as though we have met a threshold of victory and that the gains made are gains never lost again.

But down deep, we know that isn't true.    


The war on the Second Amendment continues across the country - In Capitol buildings and town halls, in Courtrooms and in the media.  Debated by legislators, special interest groups, lobbyists and citizens alike, this touchstone of the Bill of Rights is the one fight we can not lose, for if the Second Amendment is lost, so is the fate of America.

The Second Amendment guarantees the rest of our rights are kept safe.  The Second Amendment holds tyranny at bay, both from abroad and more importantly, from within.  The Second Amendment protects us from the majority - those who believe they know better than us what we need - and that majority is willing and able to tear apart the Constitution to do it, all in the name of safety, unless we keep it free from harm.

Yet we still see Americans across the country fighting to dilute, even strangle, the Second Amendment under the guise of public safety, of keeping people "safe."  Study after study has shown that more guns does not mean more violence and many of those studies suggest just the opposite is true, yet those that fear this inanimate object with a nearly pathological pathos, shrilly voice their emotion filled concerns.

Now, the fight continues in places like New Jersey, New York, Maryland, Hawaii and Connecticut, among others.  Good men and woman who want nothing more than to have the freedom to be left alone, to pursue their God given rights, to live the American Dream are making their stand.

How can we help them?

In Connecticut, where law abiding citizens were turned into felons with the fell swoop of a pen, the battle is just beginning.  The State, in all its rabid emotion, passed legislation that forces citizens to register their supposed "assault rifles."  The fear of eventual confiscation is very real and there are those who are willing to face arrest to fight for their Constitutional and God given rights.

What should we do should those strong willed men and women be arrested and brought to courts across the country?  How do you fight unjust laws?  How can one person make a difference?

JURY NULLIFICATION

For those that might not know, Jury Nullification (JN) is the public's last chance to stand up against the beast that is government and say "NO!"  JN allows those sitting in the jury box to vote a suspect "innocent" when the letter of the law says he is guilty.  JN allows those making the decision in a case to make the statement that  "This law is unconstitutional, its a bad law and we won't be a party to it!"  JN tells legislators that they got it wrong.

Jury Nullification is a powerful tool that is described in the Constitution.  Although Judges won't tell you about JN during instructions, going so far as to tell you that you must put emotion aside and vote as the law allows, this just isn't true!

Let's contemplate what would happen if Connecticut went ahead and arrested 50,000 (some say as many as 350,000) citizens for non-compliance of gun registration.  Now, what would happen in that State should one person on each of those juries voted "not guilty?"

First, no one would be convicted.  Second, sooner or later District Attorneys would realize their only accomplishment is spending the State's money in a losing effort.  Third, Legislators would know the harsh truth of an unconstitutional law.

And all it takes is one person.  One person to stand strong in defense of a like minded individual who is doing his part on the other side of the jury box - for himself and for the good of this Country.

Be that person.

UPDATE: Kristen Tynan of the Fully Informed Jury Association (Where the gavel graphic came from) says this...  "Just to let you know, in addition to that incisive quote with the gavel graphic from our website, the Fully Informed Jury Association also offers a brochure on Jury Protection for the 2nd Amendment for free download from our online Library or for purchase in our Media Catalog on our website at http://www.FIJA.org . I am very interested in getting this material into the hands of people in areas where the information therein is particularly timely. If anyone in New York, Connecticut, or other key areas has opportunities to speak on this topic and distribute literature, please get in touch with us in the office at (406) 442-7800 and we may be able to help you out with some complementary literature."

UPDATE 3/17/2016
From the Foundation For Economic Education
Last week, the New Hampshire House of Representatives voted 184 to 145 to pass a bill that would require courts to instruct jurors about jury nullification — the jurors’ power to refuse to convict even when they think all the elements of the crime have been proved beyond a reasonable doubt (paragraph breaks and formatting added):

In all criminal proceedings the court shall inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.
At the request of the defendant or the defendant’s attorney, the court shall instruct the jury as follows:

If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty.
However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the
defendant guilty.
Even if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty.

Read the full story HERE
Thank you Kristen!

Stay Safe and Carry Responsibly,
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My new book -Concealed Carry and the War on the Second Amendment, a collection from the New Gunner Journal - is now available at Lulu.com, Amazon and Barnes and Noble.  If you have any questions about Concealed Carry or are sitting on the fence, this would make a nice Christmas present to learn about the lifestyle and those who live it.

Order now... "Concealed Carry and the War on the Second Amendment"