1. Attention: We have put together a thread with tips and a tutorial video to help with using the new software. Please take a moment to check out the thread here: Trapshooters.com Tutorial & Help Video.
    Dismiss Notice

7th Circuit Says 2nd Amend doesn't apply to you

Discussion in 'Politics, Elections & Legislation' started by Bushmaster1313, Jun 21, 2009.

Thread Status:
Not open for further replies.
  1. Bushmaster1313

    Bushmaster1313 Well-Known Member

    Joined:
    Jan 10, 2009
    Messages:
    1,605
    7th Circuit Says 2nd Amend doesn

    Just read that the Seventh Circuit held on June 2 that the Heller decision does not apply to the the States.

    http://www.ca7.uscourts.gov/tmp/OK0J8WTW.pdf

    In other words, the Second amendment does not apply to the People.

    What's with our Judiciary?

    Lou
     
  2. Brian in Oregon

    Brian in Oregon Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    25,238
    Location:
    Deplorable Bitter Clinger in Liberal La La Land
    I say the 7th Circus Court doesn't apply to me.
     
  3. Joe Potosky

    Joe Potosky Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    5,482
    It was mentioned in writings right immediately after the 2nd amendment ruling by the Supreme Court that a States Rights case would have to go to the Supreme Court, to force the states to follow the ruling at the state level, as the last ruling was at the Federal Level, not the state level.

    I can't remember what Amendment it was, but it had to do with state rights. A favorable ruling in regard to gun rights is required.

    New York and several other states are not following the Supreme Court ruling as they say it infringes on state rights.

    With a favorable ruling, the states will have to change there firearm laws, specifically in regard to the right to own a gun and firearm storage.
     
  4. g7777777

    g7777777 TS Supporters TS Supporters

    Joined:
    Jan 29, 1998
    Messages:
    9,353
    that link didnt work

    what is the case citation?

    Gene
     
  5. Carol Lister

    Carol Lister TS Member

    Joined:
    Nov 9, 2008
    Messages:
    490
    Case # 08-4241

    http://www.ca7.uscourts.gov/

    "Case Information" >> "Opinions" >> enter Case # otherwise... "past month" >> scroll to June 2, "NRA vs. City of Chicago" >> click "Opinion"

    If using the case number, the "Oral Argument" listed under "Documents" is a Quicktime file.

    Carol Lister
     
  6. Bushmaster1313

    Bushmaster1313 Well-Known Member

    Joined:
    Jan 10, 2009
    Messages:
    1,605
    Curiously, the Ninth Circuit held to the contrary, i.e., that since the right to bear arms is now a fundamental right under Heller, it does apply to the states under the 14th Amendment!

    http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

    This is what I would call true Liberalism and shows unusual intellectual honesty by the far-Left on the Ninth Circuit. Sort of like: "I do not agree with what you are saying but I will put my life on the line to defend your right to say it."

    Seventh Circuit case is now at:

    http://www.ca7.uscourts.gov/tmp/OK0J8WTW.pdf
     
  7. truthseeker

    truthseeker Member

    Joined:
    Feb 25, 2008
    Messages:
    221
    Here is a link to the latest on this

    http://www.calguns.net/calgunforum/showthread.php?t=190102&highlight=chicago
     
  8. g7777777

    g7777777 TS Supporters TS Supporters

    Joined:
    Jan 29, 1998
    Messages:
    9,353
    This opinion doesnt hold that the 2nd amendment doesnt apply to you - it holds that states have leeway to make their own rules. The Court here has stated that it is up to the Supreme Court to determine if the 2nd Amendment can overule states rights.

    This argument is no different than any other bill of rights argument.

    Gene
     
  9. Bushmaster1313

    Bushmaster1313 Well-Known Member

    Joined:
    Jan 10, 2009
    Messages:
    1,605
    My point is that if you do not live in the District of Columbia, according to the 7th Circuit your state can absolutely prohibit you from keeping and bearing any firearm.

    Very scary

    Lou
     
  10. AJKohler

    AJKohler Member

    Joined:
    Jan 29, 1998
    Messages:
    330
    Perhaps more to the point, having two different circuits hold differently makes it increasingly likely that SCOTUS will hear such a case and make a definitive decision.

    And with a bit of luck, we might even win it.

    Tony
     
  11. BigM-Perazzi

    BigM-Perazzi Well-Known Member

    Joined:
    Jan 29, 1998
    Messages:
    8,542
    Location:
    HELL, MICHIGAN
    I believe it is the 14th amendment that causes the problems....

    Incorporation I think it's referred too...

    The Supreme Court needs to get it together finally..
     
  12. Bushmaster1313

    Bushmaster1313 Well-Known Member

    Joined:
    Jan 10, 2009
    Messages:
    1,605
    Big-M, you are right about the 14th Amendment. This is the big problem for the liberals. If the 2nd Amendment does not apply to the States then they can kiss goodbye the Consitutional "rights" to homosexulality and abortion. If the Bill of Rights does not speak to the States' right to control arms it certainly does not speak to the States' right to control abortion and homosexuality.

    This appeal should be fun.
     
Thread Status:
Not open for further replies.