Last week, we told you about Mike Harky, a disabled Iraq War veteran and Purple Heart recipient who is now being prosecuted for two felonies because police discovered two 30-round magazines in a footlocker stored in his attic. The picture above shows him deployed and now posing with his second wife.
During a custody dispute with his former wife, the judge issued a Temporary Restraining Order against Harky requiring him to turn over any weapons to police. When the officers arrived at his home to execute the order, they took his shotgun and other gear, including his footlocker from his service in the Marines.
You see, after Harky was injured from a roadside bomb, he had the contents of his footlocker sent back home. While he was required to return his rifle and gas mask to the Quartermaster, the Marines allowed him to keep the rest of his gear. That included two 30-round magazines that he used on his deployment.
Harky ended up winning 50% custody of his son and the judge dropped the TRO against him. But when Harky showed up to the Police Station to collect his shotgun and gear, he was placed in handcuffs instead. The two magazines he had locked in the footlocker in his attic are illegal under New Jersey law.
It doesn’t matter that Harky doesn’t own an AR-15… it doesn’t matter that Harky doesn’t even own any ammunition to put in the mags… and it doesn’t matter that the magazines have been left in the attic so long, they are still caked in dirt and sand from the Iraqi desert…
New Jersey prosecutors now want to make an example of Mike Harky and send him to prison for his “crime.”
Harky forgot that the magazines were even in his attic. Without a corresponding rifle or ammunition, the magazines were completely harmless. They are nothing but boxes with springs in them.
New Jersey prosecutors, however, believe that Harky should face three years in prison for his “crime.” That comes out to 18 months per magazine.
They don’t care that he served his country for eight years and only left the Corps after he was injured by the enemy. They don’t care that he is a small business owner responsible for helping 12 people provide for their families, or that his 8-year-old son is a heart transplant patient. The Left only cares about punishing Mike Harky.
Some may say that this is a state’s rights issue, but that simply isn’t the case. The Supreme Court ruled in 2008 that Americans have a right to own firearms and accessories that are in common use, useful for self-defense, and particularly useful for militia service. You have a 2nd Amendment right to protect yourself and your family. But if called upon, you are also required to take up arms to protect the United States. And if that were to happen, you would be expected to show up to the National Guard Armory with a personal firearm that is suitable for militia service.
Over the years, we have seen hundreds of examples where gun owners have used 30-round magazines to defend themselves against multiple assailants. Earlier this year, a 61-year-old man in Florida used his AR-15 and 30-round magazine to fend off FOUR armed home invaders. He shot two of them before the other two were forced to flee (they were later caught by police). If he didn’t have that magazine capacity, he would not have been able to fight back against these four attackers.
All across this country, 30-round magazines are used for lawful self defense. With hundreds of millions in circulation, they also qualify as being “in common use.” And considering the fact that these exact magazines were used in military service, they absolutely are suitable for militia use. The 2nd Amendment should protect Mike Harky. But New Jersey has decided to make it illegal. In fact, New Jersey changed its magazine laws last year to lower the maximum magazine capacity from 15-rounds to 10-rounds, with no grandfathering clause. Even if New Jersey residents purchased their magazines legally, they are now felons if they haven’t already surrendered them to the state.
States do not have a right to violate their residents’ Constitutional rights. In fact, the 14th Amendment was ratified to protect Americans against these kinds of injustices.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The Amendment concludes by saying that “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” Congress literally has an obligation to come to Mike Harky’s defense.
And it is your job to force them!
This is why we are calling on all like-minded Conservatives to join today’s campaign and pressure Congress to intervene.
But we aren’t just FaxBlasting Congress today. We are also going to be bombarding the New Jersey Governor, Attorney General, Divisions of Civil Rights and Criminal Justice, as well as the local police department and prosecutor’s office.
Our goal today is to send out a half million faxblasts. Will you please help us meet this goal?
Harky’s next court date is set for November 15. That is less than two weeks away.
It is absolutely disgusting what they are doing to this man. But it doesn’t have to be like this!
After all that this man has done and sacrificed for this country, I am calling on you to answer this call and rise up to defend him in his time of need!
Fight for him!