Violation of 2nd Amendment Rights of the Consitution

I think it is important for all Americans who believe in and support our 2nd amendment “right to keep and bear arms” should know when a business does not support these rights. What you do with that knowledge is up to you. When I don’t agree with a business’ political position, I cannot, in good
Conscience support them. We will soon no longer be accepting Bank of America credit cards as payment for our products,

Kelly D. McMillan
Director of Operations
McMillan Group International, LLC
1638 W Knudsen Dr
Phoenix, Arizona 85027

McMillan Integrity-Global Vision

Peace is that brief glorious moment in history when everyone stands around reloading.

“We the People, are the Rightful Masters of both Congress & the Courts, not to Overthrow the Constitution, but Overthrow the men who pervert the Constitution.

And here is another questionable violation:

No Joke: Man Jailed for Laughing in Own Home

A Long Island man is facing 30 days in jail for laughing in his own home, according to The Huffington Post.

Forty-two year-old Robert Schiavelli, who suffers from a mental disability, was cited twice for “disturbing the peace” due to his loud laughter.
What was he laughing at? Allegedly, Schiavelli’s neighbor regularly calls him derogatory names and as a way of dealing with the taunts, Schiavelli laughs them off.

Underlying most bad prosecutions are bad statutes. That is exactly the case here. Schiavelli was charged with acting “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.”

The U.S. Supreme Court has held that using “annoyance” as a factual basis for a criminal charge is unconstitutional. Coates v. Cincinnati held that the term “annoy” is unconstitutionally vague and is a violation of the First Amendment, stating:

Conduct that annoys some people does not annoy others. Thus, the ordinance is vague not in the sense that it requires a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all.

As a result, “men of common intelligence must necessarily guess at [the] meaning” of annoyance.

It would be different if Schiavelli were being cited under a neutral noise ordinance, but here, the law he is charged with having violated makes no mention of the level of noise.

The local judge in the case has stated that he is “not so inclined” to dismiss it. Here, there is an unconstitutionally vague statute and harmless behavior. Common sense dictates that this is not something that should put someone in jail.
When asked about the citations, Schiavelli said, “I didn’t know it was a crime to laugh out a window.” A very sensible answer.

Do you still think you aren’t at risk of becoming a criminal? If you can go to jail for laughing in your own home, is there anything you can’t go to jail for?

13 responses to “Violation of 2nd Amendment Rights of the Consitution

  1. Wow, this is ridiculous. Like stated this individual has a mental disorder. I like what was stated at the end “Do you still think you aren’t at risk of becoming a criminal? If you can go to jail for laughing in your own home, is there anything you can’t go to jail for?” It is unbelievable that a man went to jail for “laughing to loud” and causing “annoyance”. No wonder why jails become over populated because people go to jail for stupid reasons like this..

  2. I do not agree with this, if he wants to laugh at anything within his own home I feel as he could freely do so in his own home. I think officers are just finding anything to put cuffs of people, they are just going to jail for anything these days.

  3. I swear the government is so ridiculous now a days. They will arrest anyone for anything and a simple laugh? like really? I just shake my head at people like this. Everyone has the right to bear arms. If they are being threatened you have a right to defend yourself so nothing will happen to you. It’s just a reflex that just happens and you can’t help it.

  4. That is pretty crazy that they charged a man for being annoying. There are alot of people I know who could be locked up for such crimes… but I do see how they could have charged him with disturbing the peace, it is pretty ridiculous though that they used the word annoy in the charge. Everyone does at least one thing that someone else is going to find annoying…

  5. Wow this was really surprising to read. I can’t believe this man got arrested for just laughing. I think the government went too far with this, especially since the man has a mental disorder.

  6. I do not know if I agree with the company taking up political positions but i do respect the notion of fighting for one’s own beliefs. People should not be sent to jail for such stupid things as laughing because that just makes our government or at least judicial system look stupid too. There are murderers, drug dealers and thieves out on the streets but go after the guy who was laughing too loudly in his own home. Stupid.

  7. They are taking away our weapons, and locking us up just for the fuck of it, just because they want to see how much power they can stretch. This is getting to a point I can’t stand the bastardization of this country anymore.

  8. This is just crazy! How can they arrest someone for laughing too loud?! In that case I would be arrested for laughing too hard as well. It is crazy the world we live in.

  9. I definitely do not agree with this. If someone is being annoying, walk away. Don’t put them in the situation where they would be arrested for being “annoying.” That is ridiculous!

  10. This is unjust. Obviously this man has a mental disorder. It would be nice if people could help this man rather than pick him up. I really wonder who might have the real disorder the people calling it in or the man? People need to use their brain.

  11. This is a violation against the second amendment. A man has the right to laugh at home if you wants to. the fact that they said he was a disturbance to the community is wrong. How would they feel if someone said he you are violating the second amendment just by talking a little loud, well then all of us would be violating the second amendment. This is by all means in accurate.

  12. This is the moat bizarre legal matter I have ever read about! For one, the man has a mental disorder. They should be praising this man for merely laughing at the harrasment and not reacting in violence as most mentally able people would. the system is backward!

  13. Honestly, businesses should have nothing to say other than, “Thank you for your business.” Politics are to be conducted at a personal level rather than an entire company, unless it’s their business to be involved in those areas. It jeopardizes their public image, and that is to be its main concern.

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