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Old Jan 30, 2013, 06:22 PM
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The 2nd Amendment, Federal and State Gun Laws!

I'm a bit puzzled as it seems many states have some restrictions on, or require registration of certain firearms, something the 2A'ers seem to claim is or should be unconstitutional, yet there has not been as far as I know a serious challenge to these various state and federal laws before the SCOTUS. That seems to suggest that states and even the federal government CAN impose certain restrictions and or require registration on particular firearms, yet allow the populace to be "armed" to a certain extent in accordance to the 2A.
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Old Jan 30, 2013, 06:29 PM
LcJ
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They can right up to the point the people get fed up and take it up the ladder. Being defined by the Constitution severely limits what the states can do, at least that is what was intended.
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Old Jan 30, 2013, 06:33 PM
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I look at the 2nd Ammendment and I do not see where any state or city can impose a law.
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Old Jan 30, 2013, 07:28 PM
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Quote:
Originally Posted by RCWorks View Post
I look at the 2nd Ammendment and I do not see where any state or city can impose a law.
But they do and apparently can under present laws..
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Old Jan 30, 2013, 07:32 PM
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And right now people are in the process of suing the state of NY for violating not only the U.S. Constitution but also the NY Constitution (which has even stricter wording that secures the rights of individual firearm ownership).
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Old Jan 30, 2013, 07:35 PM
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I never could understand how states like NY got away with a clear disregard for our Constitution. Maybe what is going on these days will back fire on the left and The People will demand their rights. Could be in interesting.
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Old Jan 30, 2013, 07:37 PM
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From what I gather, certain restrictions and regulations are legal, however the right to keep and bear arms cannot be infringed. This quote WRT Chicago is from Wiki:

Other state laws

Article 1 section 22 of the Illinois Constitution states, "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."[18]

When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession. The waiting period for a rifle or shotgun is 24 hours.[12]

When a firearm is sold by a licensed dealer, the seller is required to provide a gun lock, unless the firearm itself includes an integrated locking mechanism.[19]

A gun owner can be charged with a crime if a minor under the age of 14 gains access their firearm when it is unsecured (i.e. not locked in a box or secured with a trigger lock) and causes death or great bodily harm.[20]

The possession of automatic firearms (such as machine guns), short-barreled shotguns, short-barreled rifles, or silencers is prohibited. While possession of a large-bore destructive device itself is not prohibited, possession of an artillery projectile, shell or grenade with over 1/4 ounce of explosive is prohibited.[12] There is no prohibition against non-sporting shotguns (such as the Armsel Striker) deemed destructive devices by the ATF.

Air guns that are larger than .18 caliber and that have a muzzle velocity greater than 700 feet per second are also regulated.[21]
Local laws

Illinois does not have state preemption of firearm laws, and some local governments have passed laws that are more restrictive than those of the state. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[22] Chicago residents must "immediately" report a firearm that is stolen or lost, and must report the transfer of a firearm at least 48 hours in advance.[23] Chicago also prohibits the sale of firearms within city limits.[24] Chicago has banned the possession of certain semi-automatic firearms that it defines as assault weapons, as well as magazines that can hold more than 12 rounds of ammunition.[25] Separately, Cook County has banned assault weapons and magazines that can hold more than 10 rounds.[26][27] Other municipalities have also enacted various firearm restrictions.[28] Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.


For the full Wiki article: http://en.wikipedia.org/wiki/Gun_laws_in_Illinois

As Lcj points out, some localities will keep pushing and pushing the restrictions until challenged.
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Old Jan 30, 2013, 07:46 PM
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Quote:
Originally Posted by Libelle201B View Post
But they do and apparently can under present laws..
Actually... NO, they can't... Watch and learn, people are tired of the B.S.

If people do not want a gun, they do not have to buy one, personally I think that's a dumb choice. I have a right to own any gun I can afford to buy, the governement has the obligation to make sure that they do not get in the way of this right. If they do they are vilate MY rights and I will seek redress... Other are doing likewise.

Those that don't like it are welcome to board the next plane to france.
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Old Jan 30, 2013, 07:50 PM
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Those that don't like it are welcome to board the next plane to france.
...or Somalia.
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Old Jan 30, 2013, 07:53 PM
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From the SCOTUS summary of the Heller decision:

Quote:
2. Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose: For example, concealed
weapons prohibitions have been upheld under the Amendment
or state analogues. The Court’s opinion should not be taken to cast
doubt on longstanding prohibitions on the possession of firearms by
felons and the mentally ill, or laws forbidding the carrying of firearms
in sensitive places such as schools and government buildings, or
laws imposing conditions and qualifications on the commercial sale of
arms. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.
Pp. 54–56.
http://www.scotusblog.com/wp-content.../06/07-290.pdf
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Old Jan 30, 2013, 07:54 PM
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Food on the Somali flights isn't very good.
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Old Jan 30, 2013, 08:09 PM
LcJ
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Quote:
Originally Posted by Libelle201B View Post
But they do and apparently can under present laws..
So you haven't followed to two most recent local laws that have been canned, Chicago and D.C.?
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Old Jan 30, 2013, 08:10 PM
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Originally Posted by Fokker Ace View Post
Food on the Somali flights isn't very good.
dog food?
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Old Jan 30, 2013, 08:20 PM
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Originally Posted by RCWorks View Post
Actually... NO, they can't... Watch and learn, people are tired of the B.S.

If people do not want a gun, they do not have to buy one, personally I think that's a dumb choice. I have a right to own any gun I can afford to buy, the governement has the obligation to make sure that they do not get in the way of this right. If they do they are vilate MY rights and I will seek redress... Other are doing likewise.

Those that don't like it are welcome to board the next plane to france.
Maybe you should read post # 10 a few times, it clearly sets some restrictions on gun ownership if I am not mistaken.
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Old Jan 30, 2013, 08:27 PM
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Just because a Law has been passed at the State or Federal level doesn't make it constitutional, it just means it's not been challenged at that level yet.

Personally I believe every gun law should be challenged in a law suit all the way to the SCOTUS.

I believe the Supreme Court cannot ask for a law to be brought before it.
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