Is the Chicago Gun Ban Court case a victory for states rights or a whack against Liberty?
Submitted by nutcat on Wed, 06/03/2009 - 08:16
A Chicago ordinance banning handguns and automatic weapons within city limits was upheld by a U.S. Court of Appeals panel, which rejected a challenge by the National Rifle Association.
The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities.
http://www.bloomberg.com/apps/news?pid=20601087&sid=awIn1M4t...
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The liberal 9th circuit...
The liberal 9th circuit ruled otherwise. Through the equal protections under the 14th, they took the Heller decision and applied it to the states, counties and municipalities. Then they ruled in favor of the county on other grounds.
The key here is, that the 9th circuit didn't have to do this (apply the 2nd to states and municipalities), yet they did.The went through at least 3 different ways of trying to find a 14th amendment nexus. On the 4th attempt at a nexus, they did. They claimed that it was one of the founding rights of our nation, so deeply woven into our fabric that it was a "fundamental right" needing no enumeration in the constitution even. In the western US, this is now controlling case law and no state, county, or municipalities can get away with something like this any longer. It was the best decision by any appeals court in the last 20 years IMO... I strongly suggest anyone who may be interested to look at the decision by the 9th and read ALL of it carefully to realize what a great victory for the 2nd amendment it really was.
Paul.
Ok, so now I'm confused...
Ok, so now I'm confused... (I know, not hard...)
the story read:
"Chicago Law Banning Handguns in City Upheld by Court "
Is this current? or did 9th circuit over rule this?
Or was this Law that was Upheld a great victory for the 2nd amendment..( In your opinion....)
Different Circuits
That means now it is more likely to hit SCOTUS because of the conflicting circuit rulings.
And I hope it does, because the Chicago ruling is wrong, because no law can override a constitutional right, especially one that cannot be infringed (no matter what the Scalidiot got wrong in Heller, see http://muddythoughts.blogspot.com/2008/06/its-heller-va-ruli...)
In a perfect world where the Judiciary actually upholds...
..the Constitution of United States of America, ALL enumerated Rights of the People reserved in the Bill of Rights and the Constitution ARE the "SUPREME LAW of the Land." Thus it'd be unquestionable that federal Congress, nor individual State Legislatures "SHALL MAKE NO LAW" infringing upon Free Speech, Freedom of Press, and Freedom of Religion. Nor, would they INFRINGE and step all over our 2nd Amendment RIGHTS, or any other enumerated powers and limitations specified in the Constitution, period. But invariably they ALWAYS violate OUR RIGHTS, with the excuse of "Doctrine of Incorporation," ie. they pick and choose, on a whim, which part of the Constitution they delude it applies to them, or not.
http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)
Frankly Incorporation Doctrine is a power grab between two respective legal entities, and pure bullsh*t; they just do not want to uphold the Constitution, in order to PRESERVE and defend our NATURAL Rights.
And, next time some idiot comes and picks out 'which part of a 'well regulated Militia" do you not get?', tell off, or educate kindly, by explaining to that dummie, that the phrase "well regulated," as used in English in the 18th Century context, meant 'well maintained,' as in 'skills or abilities well maintained or kept up to date,' as in 'well prepared,' as in "well regulated weights and measure." But "shall NOT be infringed" were not used in ANY other alternate manner. It is literal and explicit, and NOT a negotiable term.
What 9th and 10th Amendments state irrevocably, is that powers NOT enumerated in the Constitution, are reserved to the States and the People.
The Constitution is EXPLICIT when it comes to what the FEDERAL govt is allowed, and NOT allowed to do. However, it is IMPLICIT when it comes to the State govt's powers.
BUT, since 2nd Amd is the SUPREME LAW of the land, State gvt cannot INFRINGE upon it in any manner, period. But of course, again, I am speaking with the big "IF," of in a perfect world where our SERVANTS actually uphold their Constitutional oaths.
Using their logic, if that were the case, DC ban would still remain legal. The biggest legal fallacy of the enemies of 2ndAmd. rights, is this utterly unCONSTITUTIONAL excuse of "reasonable regulation," in circumscribing "SHALL NOT BE INFRINGED."
If you guys get a chance, you should checkout CSPAN archives and actually listen to what NRA lawyers said during the actual DC vs. Heller case. Initially, I actually thought it was the govt atty. making the argument; the NRA lawyer ACTUALLY propagated the worst propaganda disproved long ago, as far back as the mid-1980's: he claimed that Glocks were plastics guns UNdetectable by X-ray machines and metal detectors, so "of course" in cases like that, reasonable regulation is necessary. Yes, I sh*t you not. The NRA lawyer is the one who actually made that argument. Just remember that, next time you're ready to renew your membership.
"SHALL NOT BE INFRINGED," does not imply you can "reasonably regulate." I am sure they'd like to reasonably regulate rape, too. These govt maggots have lost their moral compass, long ago. Though it is a distinct possibility that they've NEVER had any to begin with. Actually, I am certain of it, by now. In this day and age of govt propaganda and euphemism, as the best Madison Ave. PR tradition dictates, they have the nerve to call torture "enhanced interrogation techniques," and still the vast majority of sheeple actually buy into this nonsense. Hell, why don't we just call rape, a mere case of 'involuntary consensual sex?' These people are just nucking futs!
This is NOT a win for State's rights. Since NONE of our RIGHTS reserved within the Bill of Rights may be infringed. They are Natural Rights, reserved via manner of Bill of Rights. Your right to think one way or another, believe in faith of your choosing, and your right to defend yourself and loved ones, are natural rights; even IF they were to legislate them away, it wouldn't change the way you think or believe. Like it or not, if one is a racist, just because IF they were to ban Neo-Nazis on a Monday, does not mean that person stops having racist thoughts on Tuesday. Civil Rights Act of 1964 & 1965 did not change the way in which KKK members thought of the blacks, after it was signed it. Though the society codified it so, that it "officially" frowned upon racist behavior from that point forth.
What the Court, in the Chicago case, would have us believe, would be akin to having individual States claim that they can ban Free Speech in any place of their choosing, as State's Rights. Well... as if they're not violating that already, with these "free speech zones." But, you get my point.
So this is just another in a long line of Constitutional infractions these idiots are really pushing those of the informed citizenry to a boiling point.
Very Good Reply!!
"What the Court, in the Chicago case, would have us believe, would be akin to having individual States claim that they can ban Free Speech in any place of their choosing, as State's Rights. Well... as if they're not violating that already, with these "free speech zones." But, you get my point."
And yes Freedom isn't something administered to us, it is a natural Right. One that the self needs to come to terms and understanding with.
A while ago there was a post about Taking it to the Next Level...
It was inherently framed as what action can we collectively take. Which is good and needed... But I feel that in order to take it to the next level, what one must do is simply and completely get into the feeling, the reality and the concepts of freedom and liberty. To intimately be freedom and liberty. In order to take it to the next level you must be free and liberated within your own consciousness,, or to sate again differently, To take it to the next level you must make Freedom and Liberty part of your Constitution.
-Thanks All
Hmm seems like the
Hmm seems like the constitution should apply since the 10th amendment says anything not stated in the constitution is reserved to the states/people and gun rights ARE stated in the constitution so... lock and load!
Agreed! Every local, state
Agreed! Every local, state and federal gun law is illegal under the Constitution! They exist because we the people have sat on the sidelines and let it happen. I am as guilty as anyone. Rolling it back now is unlikely. Government at all levels is completely out of control.
Pat
BOHICA!!
Pat
BOHICA!!
Do you think it
Do you think it unconstitutional for establishments to ban guns? such as in the classic old west scenario.. check your guns at the door.
Or by the constitution should you be able to have a gun at anytime?
If you agree it is legal for the old west type of banning, then could a city blanket the same for all establishments,,, comparable to smoking. Consider the people of the city voted to have this...
Or maybe the constitution was aimed more at preserving this right at your private property?
This would be the most minimal interpretation in my opinion, (the right to keep and bear to protect home)..
And so I do not know this Chicago law, but if you were a resident within city limits... you most certainly should be able to have a gun in your home.
The right to bear arms is inalienable to the individual and
incumbent on the states to enforce and protect that right for the preservation of the state. No law or government can legally change that. However, we know that government (courts, legislators and presidents), aided and abetted by the power elite of the private sector, have refused to observe these rights and have caused for the opposite to occur.
Also, it is at my discretion to determine whether or not anybody may bear arms upon or within property that I own, individually.
I guess ThePatriot and I were responding at the same time.
Actually checking your guns
Actually checking your guns at the door is a private property rights issue. I own a business and I choose to not allow certian things to enter my property including guns and that is my right. It is exactly like no shirt no shoes no service.
You can not compare your statement to what the state and federal Governments are doing with gun bans.
If we are to defend the constitution we need to understand the constitution first!
www.retakecongress.com
www.revolutionbroadcasting.com
www.retakecongress.com
www.revolutionbroadcasting.com
www.RJHarrismoneybomb.com
Good. Ok so The right to
Good.
Ok so The right to carry a gun is superseded by the rights of private property.
So I cannot carry a gun at anytime. I must relinquish my gun right if I want to go on your property.
So can this property right extend to the city, to establishments open to the general public subject to city ordinances?
so is there any way (constitutional) to make a general ban.. like they did to restaurants and smoking.. in Ohio I know of anyway. Smoking is not explicitly stated in the constitution so it is not exactly an equal comparison.
Nope, NOT on Public property, like State & Federal.
But, on private property, it is permissible that the owner can dictate that you cannot enter with arms. Though to my knowledge in "common areas" like malls or restaurants or bars, where public foot-traffic is in essence, more like a "town square," in some some states like AZ, if an establishment chooses to restrict firearms on private property that has common foot-traffic, the owner is required to give a notice: to leave it in their cars, or provide lockboxes be it for a fee, or free. Though as it stands, anywhere where alcohol is served, currently it's banned, as far as I know.
Personally, I highly disagree, precisely because it is at bars and restaurants that historically criminals come to rob, or a patron goes postal. There should always be an armed soul, NOT drunk, be able to defend himself and/or others if a drunkard patron, or a sober thief happen to come along. It's not as if 90% of patrons at a bar, go there with the intention of getting drunk, or indeed get drunk. If the law says you're not legally drunk, unless at a certain percent of inebriation, and are obviously legal to operate a car, then the same should apply to firearms.
When it comes to private property, a situation of voluntary entry or an invitation to enter, or consent, is required. Thus, a citizen have the option to do so, or not. By agreeing to the private property owner's terms of entry, it is understood that you do so voluntarily. If you decline the terms of entry, then you do so voluntarily, so you nor the property owner are violating anyone's rights.
But, even if you do enter the private property under the terms that you disarm before entry, you're not giving up your right to defend yourself, per se: if the owner turns out to be a homicidal maniac and you defend yourself lethally with whatever object nearby within the premises, that's a justifiable homicide. Just as the "Castle Doctrine" does not automatically mean that one can commit violence against anyone who happen to enter his private property.
Again, all this is stated with the assumption that everyone actually know to uphold the Constitution, as intended. But EVERY town, county, State, and Federal has "reasonable regulations" AGAINST 2nd Amendment RIGHT.
Though, even as a public property, it is debatable whether one should be allowed to enter armed, into courts or council halls, or Congressional floor, as debates are often controversial and can elicit emotionally charged response from all those involved in the debate, or a trial. But then again, I suppose if that were the case, no one should be able to carry arms, in any possibly emotive circumstances.
My personal views, based on principles, is that other than on private property, we should NEVER be denied our right to defend ourselves with firearms. But, I submit, courtroom situation is contentious, precisely because be it voluntary (civil case), or involuntary (criminal case), two parties intentionally enter a situation and an edifice where they're committed to a decision that can actually change the fate of one's livelihood; a situation where it is a damn near certainty that it will illicit an involuntary emotional response.
Better minds may be able to adjudicate the legalities of that further. Even though I choose to believe that there are more people that are good, than insidiously misguided ones, and that we're all better off with freedoms to choose but be responsible for our own actions, however, at the same token, I'm too practical and cognizant of human nature to dismiss the reality of the consequences of bringing firearms to a courtroom. I suppose if a citizen is NOT related to anyone involved in a given lawsuit, perhaps one can make the case that they may be allowed to enter armed. Then, they'd have to come up with some type of a vetting process for every court case, to make sure that NO relatives, friends, associate, or acquaintance of the defendant or the plaintiff can be allowed to enter, if armed.
From a legal stand point, the Statists will always make the excuse that if security can be reasonably provided be it by a private security firm, or by the police, especially in a confined space like a building or a warehouse, they can restrict your right to defend yourself. But then again, if that were true, NO one would be legally armed; there is no such thing as 100% secure or even reasonable security. Plus, SCOTUS has ruled time and time again, that cops are NOT REQUIRED to protect you.
So the question becomes, why do we have them again?
In a perfect world, the police would really only conduct themselves in a Constitutional manner. They will only be required to do administrative tasks and investigations, AFTER a crime has been committed. Like it or not, in a truly free society, there is no room for an asininely and bureaucratically unquantifiable role of a govt to "PREVENT CRIMES." That's not their job. That kind of lunacy is precisely why they have all manner of excuses approaching a policy to conduct "pre-crimes," now fast approaching that of Minority Report levels.
Currently, it's no secret, cops serve no other purpose than to keep sucking the taxpayers dry: as all branches of gvt, they produce nothing. They are now only known to harass citizens, commit political profiling, and wage war against our Constitutional Rights, daily, in the manner of taser & taser-death for mere non-compliance; a chance to try out their latest toys bought with the excuse of War on Terror and War on Drugs, FED money.
But most insidious of all, they have now become nothing more than a political police that seek to profile political dissent and cover their own asses and their perceived bureaucratic masters. They are NOT "peace officers" when an agenda driven "informant" is used to locate a wrong address, and the local SWAT (which EVERY ho-dunk town seems to have one nowadays), is used to erroneous RAID TWO WRONG homes a day, MURDERING one citizen in the process, A DAY, EVERYDAY! That is the current FBI statistic. Does it occur to them to do a simple recon, to make sure, if nothing else to save themselves from legal liabilities and expensive PR, before suiting up with wannabe hero gear to raid the wrong frakking address?
Oh we're in such deep, serious doodoo..
The Government has no right
The Government has no right to ban guns either state or federal or local.
The smoking issue is different for the role of Government is to protect LIFE, LIBERTY and PROPERTY. There is a strong argument about smoking bans considering second hand smoke has been proven to cause cancer and other deadly diseases. I am a smoker and I do not smoke in my own house nor do I allow anyone else to smoke in my house. As you stated though this is not a good comparison.
www.retakecongress.com
www.revolutionbroadcasting.com
www.retakecongress.com
www.revolutionbroadcasting.com
www.RJHarrismoneybomb.com
True that.
“Power always thinks it has a great soul and vast views beyond the comprehension of the weak, and that it is doing God’s service when it is violating all His laws.”- John Adams
So they are basically saying
So they are basically saying the Constitution does not apply to states and municipalities?
Scary stuff indeed when things like get upheld.