Saturday, December 21, 2024

You’re charged with illegally carrying a concealed weapon in California. What you need to get the blatantly unconstitutional case dismissed

 

Let me begin to say that I am not a lawyer, but I do have my many years of understanding the law when it comes to the second amendment of the United States Constitution.  Will your trial judge have the balls to actually follow the constitution rather than cater to those leftist people who got him placed on the bench?

Should you find yourself arrested for carrying a concealed weapon in California, I promise you most lawyers don’t have a clue about the second amendment. They will walk you into a plea agreement most likely ending in your conviction of a misdemeanor.  Here is a motion to dismiss that covers all the bases that would get you through the  court.  Not only would you file this but you’ll get a hearing and you’re going to have to argue this against an experienced prosecutor.  Is it simple? I’m not going to suggest for a moment it is simple even for a lawyer. Here is the Motion:  


IN THE SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES


The People of the State of California,

Plaintiff,

v.

Ted Savage,

Defendant.


Case No. [Insert Case Number]


MOTION TO DISMISS


COMES NOW the Defendant, Ted Savage, Pro Se, and respectfully moves this Court to dismiss the charges against him for carrying a firearm in an automobile pursuant to California Penal Code §25463, on the grounds that the statute and its application in this case violate the Second Amendment to the United States Constitution. This motion is supported by the following Memorandum of Points and Authorities.


MEMORANDUM OF POINTS AND AUTHORITIES


I. INTRODUCTION


The Defendant, Ted Savage, was arrested and charged with carrying a firearm in an automobile following a routine traffic stop, during which he voluntarily cooperated with law enforcement. The Defendant asserts that his conduct falls within the core protections of the Second Amendment, as interpreted by the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), McDonald v. City of Chicago, 561 U.S. 742 (2010), and New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022).


The statute under which the Defendant is charged impermissibly infringes upon the constitutional right to “keep and bear arms” for self-defense, and further, its enforcement is barred by the Supremacy Clause of the United States Constitution. Accordingly, this Court must dismiss the charges.


II. ARGUMENT


A. The Supremacy Clause Requires Dismissal of the Charges


The Supremacy Clause of the United States Constitution establishes that federal law is the “supreme Law of the Land,” and state laws in conflict with federal constitutional protections must yield. (U.S. Const. art. VI, cl. 2.) In McDonald v. City of Chicago, the Supreme Court held that the Second Amendment is fully applicable to the states through the Fourteenth Amendment. (561 U.S. at 750.) State statutes or their application that conflict with these constitutional protections are invalid.


California Penal Code §25463, as applied to the Defendant, conflicts with federal constitutional protections under the Second Amendment and is therefore unenforceable.


B. California’s Statute Imposes an Unconstitutional Restriction on the Right to Bear Arms


The Second Amendment states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”


In Heller, the Supreme Court held that the Second Amendment guarantees an individual right to possess and carry firearms for self-defense. (554 U.S. at 595.) The Court emphasized that this right is “fundamental” and not limited to service in a militia. (Id. at 628.)


In Bruen, the Court established a framework for evaluating Second Amendment claims, holding that any restriction on the right to bear arms must be consistent with the “Nation’s historical tradition of firearm regulation.” (597 U.S. ___, slip op. at 15.) Restrictions lacking historical precedent are presumptively unconstitutional. (Id. at 25.)


California Penal Code §25463 criminalizes the act of carrying a firearm in an automobile without regard to whether the firearm is being carried for lawful purposes such as self-defense. This categorical prohibition lacks any historical precedent and fails under the Bruen standard.


C. The Defendant’s Conduct Is Protected by the Second Amendment


The Defendant’s act of carrying a firearm in his automobile falls squarely within the Second Amendment’s core protection of carrying arms for self-defense. The Supreme Court has consistently held that the right to bear arms includes carrying firearms in public for lawful purposes. (Heller, 554 U.S. at 628; Bruen, slip op. at 23.)


Absent a specific showing that the Defendant’s conduct posed a threat to public safety or was otherwise unlawful, the statute’s application in this case is unconstitutional under the Second Amendment.


D. The Statute Violates the Equal Protection Clause


In addition to infringing on the Second Amendment, the statute also raises concerns under the Equal Protection Clause of the Fourteenth Amendment by disproportionately impacting law-abiding citizens who seek to exercise their constitutional rights.


III. CONCLUSION


For the foregoing reasons, the Defendant respectfully requests that this Court dismiss the charges against him. California Penal Code §25463, as applied, violates the Second Amendment as interpreted by Heller, McDonald, and Bruen and is preempted by the Supremacy Clause of the United States Constitution.


DATED: [Insert Date]

Respectfully submitted,

[Name]

[Address]

[City, State, ZIP]

[Phone Number]

[Email Address]



Thursday, December 19, 2024

Artificial Intelligence Is Exposing the Incompetence of America’s Politicians

 


The arrival of artificial intelligence (AI) is nothing short of revolutionary, offering society a powerful technological gift. But like clockwork, when transformative innovation arrives, it’s met with fear—mostly by the ignorant. Nowhere is this ignorance more glaring than in Congress, where 535 lawmakers from all walks of life routinely demonstrate their inability to grasp even the basics of the technology reshaping our world.


Let’s not sugarcoat it: a significant number of our politicians are functionally illiterate in critical areas, including technology. This is a group that struggles to comprehend basic legislation, let alone the profound implications of AI. While doctors, lawyers, and scientists are using AI to improve efficiency and accuracy in their fields, Congress lumbers behind, more focused on clinging to power than understanding progress.


Consider this: AI is already outperforming human professionals in many domains. Radiologists—some of the highest-paid specialists in medicine—acknowledge that AI can analyze imaging scans faster and with greater precision than they can. Lawyers are leveraging AI to draft motions, manage discovery, and streamline trial preparation. What used to require years of specialized training can now be accomplished with AI tools by someone with just a basic understanding of the system.


AI isn’t just a productivity booster; it’s an equalizer. It allows ordinary citizens to accomplish tasks with the finesse of seasoned professionals. From writing eloquent letters to drafting complex freedom-of-information requests, AI turns anyone into a literary or analytical powerhouse. It can even generate movie scripts that rival Hollywood’s best.


And while AI once had a reputation for producing inaccurate or clunky results, it’s improving exponentially. Each day, it becomes smarter, more precise, and more accessible. This terrifies politicians. For the first time, ordinary citizens—armed with AI—can outthink, outmaneuver, and outshine the political class.


This fear isn’t about public safety, as lawmakers would have you believe when they cry out for “AI regulation.” No, their panic stems from the loss of control. The truth is, most politicians couldn’t care less about protecting the public. Their real concern is safeguarding their monopoly on power and limiting your ability to challenge their authority.


AI, however, is protected by the First Amendment—a fact that infuriates those on the political left, who have a long history of attempting to suppress free speech and dissent. We must remain vigilant in defending our right to access and use AI tools. It’s not just about embracing innovation; it’s about protecting individual freedom from those who would rather see us powerless and dependent.


When politicians claim they need to “regulate AI for your safety,” don’t be fooled. Their motives are self-serving. They’re not afraid of AI itself—they’re afraid of you wielding it.


The Veterans Administration and Exceptional Medical Care

Chicago, IL – My journey with the Veterans Administration (VA) began at 615 W. Van Buren St. on June 24, 1968. That day, I responded to an unmissable “invitation” from President Lyndon B. Johnson to join the military—a calling I couldn’t refuse without serious consequences.

Growing up in a wonderful and free nation, I made the conscious decision to do my part in defending the way of life I cherished. From there, my journey took me through the gates of Fort Leonard Wood, Missouri, where eight grueling weeks of basic training awaited. While the experience was tough, the promise of free lifetime healthcare was part of the commitment we made. At 20 years old, however, thoughts of future medical care felt distant and almost irrelevant; back then, I believed I was invincible and that longevity was a given.


Decades later, time has brought its share of age-related medical challenges, and I’ve been amazed by the VA’s steadfast commitment to veterans. The medical care I’ve received has been nothing short of extraordinary, delivered by exceptional professionals who genuinely care about our health and well-being.


Today, I’m proud to say I belong to an exclusive group of individuals receiving the finest medical care available. No insurance plan, HMO, or private program compares to the comprehensive and compassionate services the VA provides.


The Veterans Administration has honored the promise it made to me so long ago, exceeding all expectations. At the West Los Angeles VA Medical Center, the physicians, nurses, and staff—many young enough to be my children—serve with incredible dedication, respect, and compassion. Although most of them haven’t personally experienced military service, they embody the values of service and care that make this institution a crown jewel in the healthcare industry.


The VA has truly delivered on its commitment to those who served, and I couldn’t be more grateful.


Wednesday, December 18, 2024

American comedy and the first amendment to the United States Constitution


In the 1960s, patrons of Chicago’s Rush Street Gate of Horn nightclub often attended not just to enjoy Lenny Bruce’s provocative humor but also to witness his frequent arrests by the Chicago Police Department’s vice control division. Dubbed the “father of dirty jokes,” Bruce’s performances were notorious for his dropping F-bombs and always being greeted with handcuffs. Audiences would pay their cover charges, order drinks, anticipating watching his arrest go down and the club’s closure for the evening

Today, Lenny Bruce in reality would seem like an altar boy compared to comedians like Nikki Glaser. Glaser is renowned for her candid and humorous discussions of the most intimate human sexual experiences, fearlessly addressing topics that many shy away from. Fortunately, in the current era, such openness doesn’t result in a police action. Reflecting on this, one might question how discussing sex—a fundamental aspect of human existence—was ever criminalized.


It’s remarkable that it took nearly two centuries for the courts to fully embrace the freedoms promised by the First Amendment.


Can American journalism be saved?

The state of American news has plunged to depths unimaginable, transforming once-reputable institutions into crude propaganda mills. Yet, amidst the rubble, the Internet offers a faint glimmer of hope. So long as free speech survives, Americans might yet find a way to access honest reporting.

In this new landscape, figures like Megyn Kelly and Tucker Carlson have emerged, breaking away from the stranglehold of corporate media. Their intelligence and wealth afford them the resources to hire field producers and broadcast their own narratives, free from the constraints of traditional networks. Others are sure to follow, perhaps even at the local level. Yet, the real challenge lies in creating a sustainable system to fund these independent voices—a sponsorship chain to support the production of credible news.


The days when news was controlled by those who could afford to buy ink by the barrel are fading. But the basic truth remains: someone must pay for content creation. In New York City, for instance, there’s a vlogger named Cash Jordan, carving out a niche with his straightforward reporting. Untethered from local government’s influence, he speaks plainly about the realities around him.


What the American public craves is simple: unvarnished truth without the suffocating fog of propaganda. Slowly, the tide seems to be turning. Perhaps there is still a path toward journalism that informs rather than manipulates, though it will not be an easy road.


Monday, December 16, 2024

What’s Ahead for Gun Laws in America? The Simple Truth.

The direction of gun laws in America is clear, thanks to a conservative U.S. Supreme Court, a Republican-controlled Senate, and the Trump presidency. Here’s what we can expect in the near future:


The End of Assault Weapon and Magazine Capacity Bans


By summer, expect bans on so-called “assault weapons” and magazine capacity limits to be struck down permanently. These regulations are on the chopping block due to both executive action and court rulings. President Trump is expected to dismantle many firearm regulations imposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The reasoning is simple: only Congress has the authority to legislate on firearms—unelected bureaucrats cannot.


Nationwide Concealed Carry


Currently, more than half the states allow law-abiding citizens without felony convictions or mental health issues to carry firearms without a permit. In other states, permits are required but must be issued to qualifying individuals. Within the next two years, it’s likely that concealed carry permits will be universally recognized across all states, similar to driver’s licenses.


The Bruen Case: A Game-Changer


The 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen set a high bar for gun control laws. It declared that any law infringing on the Second Amendment must align with the historical traditions of the Constitution. This decision has already invalidated many federal, state, and local gun laws. While litigation continues, all gun regulations must eventually comply with the Bruen ruling.


The Reality of the Second Amendment


The Second Amendment guarantees the right to keep and bear arms, but lawmakers often pass unconstitutional laws anyway. It’s the courts’ job to strike them down. Those who oppose civilian gun ownership would need a constitutional amendment to change this. However, the likelihood of repealing the Second Amendment is extremely low, as public support for such a move is far from sufficient.


Public Safety Arguments No Longer Hold Water


For years, gun control advocates have used public safety as an argument to restrict gun rights. The Supreme Court, however, has removed this rationale from consideration. Laws restricting firearms must now be based solely on constitutional principles, not subjective arguments about safety.


In conclusion, the legal landscape is shifting toward fewer restrictions on gun ownership and carry rights. As the courts continue to uphold the Constitution, Americans can expect their Second Amendment rights to remain protected.


Sunday, December 15, 2024

You’ve Been Arrested for a Serious Crime: What’s next?

Being arrested for a serious crime is one of the most terrifying and disorienting experiences you can face. What you do in the immediate aftermath will have a profound impact on your case. You need to act quickly and decisively. Here’s what you must know:


Step 1: Stay Silent and Protect Yourself


The most important thing to remember is don’t say anything to the police except for these words: “I want a lawyer.”


Anything you say—no matter how innocent or well-meaning—can and will be used against you. Police are not your allies; their primary goal is to gather evidence that supports your prosecution. Even casual, offhand remarks can be twisted to fit their narrative.


Do not discuss your case with anyone except your lawyer and investigator.


Be extremely cautious about talking to family or friends over jail phones. Every call made from a jail or police-controlled phone is recorded. These recordings are regularly reviewed by investigators and prosecutors who are hunting for incriminating statements. Jokes, frustrations, or innocent remarks can be taken out of context and presented as evidence.


Even in person, don’t talk specifics with anyone other than your defense team. Fellow inmates, often desperate to gain favor with prosecutors, will not hesitate to fabricate stories about how you “confessed” to them.


Step 2: Secure Bail


Each state has different rules regarding bail, but in most cases, you’ll need to post something to secure your release. Most bail bondsmen accept credit cards and may offer payment plans if you’re not a repeat offender.


Being out on bail gives you more freedom to work on your defense, meet with your lawyer and investigator, and avoid the harmful conditions of pretrial detention. Get this handled quickly—your time is critical.


Step 3: Hire a Private Investigator—Immediately


If you’ve been accused of a violent crime or one involving injury or death, your most urgent need after securing bail is a skilled private investigator (PI). Time is your enemy. Evidence deteriorates, witnesses vanish, and surveillance footage is overwritten.


An experienced PI can:

Locate and interview witnesses before they disappear.

Retrieve and preserve surveillance footage from the scene.

Document overlooked evidence—shell casings, tire marks, or items missed by police.

Identify vehicles in the area by documenting license plates.


Don’t rely on advertisements when selecting a PI. Often, the bigger the ad, the less competent the investigator. Look for someone with substantial law enforcement experience. Former police officers have the training and instincts necessary for fast, thorough investigations. Those without this background are at a significant disadvantage, especially in criminal cases.


Step 4: Get Legal Representation


You need a skilled criminal defense attorney, but don’t expect immediate results. Lawyers are hard to reach on evenings and weekends when arrests often happen. Public defenders are overworked, and you may not see one until well after your first court appearance.


Even with a private attorney, the legal process moves slowly. Police and prosecutors are not required to share their evidence (known as “discovery”) until legally mandated, often weeks after your arrest. This delay can cripple your defense if you’re not proactive.


This is why a PI is critical. While your attorney waits for discovery, the PI should already be investigating your case, preserving evidence, and building a defense. Attorneys are not trained investigators, and if they attempt to investigate, they risk becoming witnesses, which disqualifies them from representing you.


The Golden Window: Your Best Chance to Beat the Charges


The period between your arrest and your grand jury indictment or preliminary hearing is your golden window. During this time, your PI can gather exculpatory evidence—proof that may clear your name or weaken the prosecution’s case.


If this evidence is presented to the prosecutor early, it can force them to disclose it to a grand jury, potentially invalidating the indictment. Once you’re indicted, the road to trial becomes long, costly, and difficult.


If the prosecution succeeds in securing an indictment or probable cause ruling, you’ll likely face trial in one to three years. In the meantime, if you’re denied bail or can’t afford it, you’ll sit in pretrial confinement, often in abysmal jail conditions.


The Reality of the Justice System


The justice system is not designed to ensure fairness—it’s designed to convict. Prosecutors routinely use unreliable evidence, junk science, and outright lies to win cases. They frequently withhold evidence (a violation of the landmark Supreme Court case Brady v. Maryland) with little consequence.


If you’re innocent or overcharged, that won’t stop police and prosecutors from doing everything they can to convict you. This is why assembling the right team—attorney and PI—is critical.


How to Choose a Private Investigator


Your PI should have substantial police experience. This background provides the training and instincts necessary for criminal cases. Many licensed private investigators lack this foundation and are better suited for civil work.


If you don’t know where to start, ask your attorney for a recommendation. Be cautious—there are many licensed PIs who are unqualified to handle complex criminal investigations.


Final Words


Stay silent. Hire a lawyer and a private investigator. Act fast.


Your freedom depends on your ability to build a strong defense during the critical early days of your case. If you don’t act, the system will bury you in bureaucracy, delays, and false evidence.


Remember my personal slogan: “If justice ever happens, it’s usually by accident—and for all the wrong reasons.”