10 October 2017
Second Amendment Case Impacting Federalism at the United States Supreme Court
Chaplain and constitutional expert Nicholas Purpura has dedicated many months to bringing forward a lawsuit which now is waiting on the SCOTUS to decide whether or not to grant a writ of certiorari. This case, Purpura v. Christie, et. al., docket number 17-280, has potential to restore much more than just the right to keep and bear arms as guaranteed by the Second Amendment to the Constitution. The threshold question is whether or not “Federalism” is being violated. The suit is capable of restoring every citizen's gun rights in all 50 states. The Court will decide by Oct. 27 whether or not to hear the case.
In the petition, Purpura makes a three-pronged argument. First, he demonstrates a violation of the 9th Amendment protecting federalism:
- "The threshold matter before this court represents more than a single individual’s right to bear arms. It goes straight to the heart and viability of federalism."
- "The ability to self-protect is not a privilege which can be offhandedly granted or denied by any state."
- This Petition draws into question the constitutionality of the state of New Jersey’s statutory scheme of arbitrarily & capriciously converting a civil right into a privilege...[which] must not be permitted to prevail."
With this, Purpura proves that all administrative laws and restrictions must be ruled “null and void” if not instituted by Congress, because they are in violation of the 9th Amendment which protects “federalism”. The case further cites two recent Supreme Court cases: 2008, Bond v. United States, 09-1127; and 2015, Department of Transportation et al, v. Assoc. of American RR. No. 13-1080, which unanimously stated that unconstitutional administrative law “is no law at all”.
Second, Purpura makes a civil RICO case on the basis of "...a pattern of activity that demonstrated ongoing violations of civil liberties and numerous incidents of injury-in-fact..." and "...documents were submitted as evidence to demonstrate multiple ongoing violations by the enterprise [defendants] in their scheme to further deny citizens their rights as guaranteed under the U.S. Constitution."
Third, Purpura states that the issue is stare decisis; in other words it has already been adjudicated, and Purpura cites copious precedents and references.
This case represents an unprecedented opportunity to strike not only unconstitutional limitations to the Second Amendment, but also to provide a decision reinstating federalism and the rule of constitutional law.