2nd Amendment question

greyhawk178

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Would someone conversant in Constitutional Law please explain to me why the USSC is having to hear the 2A case now before it ??? I'm just a plain 'ol citizen without an ESQ behind my name but it would seem to me that the Bill of Rights (which includes the 2nd) gives American citizens the Right to Bear Arms. Period. Where does it say " unless you live in XYZ city, where those rights do not apply"? Or are suspended ??? If you are a citizen, ALL rights apply to you. Seems pretty plain to me. Either all Americans have a right or they don't.......
 
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2nd

Do a Google on the case and you will gain some insight.

Our constitution is a Federal thing thaat covers us all, thank goodness.

Some states and some municipalities think they can do whatever and it overrides the Federal rules. Not that they are right, but that is what they think, so they make up special rules (laws or whatever) to match their thinking. They have been getting away with that for a long time, so the case in question is trying to show that it is not legal.

This is sort of how I see it. I welcome any correction to the way I am thinking.
 
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Simple-
Any legislative body can pass a law or ordnance, be it the state legislature, city council, or county government.
It may be unconstitutional, but it will stand as law till challenged.
So, a case is brought before the court to either strike down or uphold that law or ordnance.
 
Simple-
It may be unconstitutional, but it will stand as law till challenged.

I keep waiting for some one to challenge:

Article 1: Section 10:
"No state shall enter into any treaty, alliance, or confederation; grant letters of marque or reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts;" :rolleyes:

To me a bond is a bill of credit.

How do I legally pay my taxes with the current "coin" of the realm.
 
A correction to the OP:

The Bill of Rights does not GIVE us any rights. It merely affirms that we have unalienable human rights, that the government may not infringe upon.

Since the government was formed by the people, was given its powers from the people, and governs only with our consent, it has no power to grant us rights. We already had them.
 
the Bill of Rights (which includes the 2nd) gives American citizens the Right to Bear Arms.

I don't want to nit pick, but the Bill of Rights doesn't GIVE us this or any other right. Article two (2nd amendment) says the "Right shall not be infringed". It pre-existed the Bill of Rights. What it does is guarantee those rights are preserved. Something that seems to be lost on the anti gun crowd.
 
Not everyone agrees with your interpretation. :(

Whose interpretation are you referring to? I would like to hear more, as I lack a lot is knowing as much as I would like.

I am NOT taking issue with your post, would just like to hear more from you.
 
While the Bill of Rights presented what inalienable rights each citizen of the US has, the amendments are simply that. Amendments to the Constitution. Those amendments did not apply to the States until the 14th amendment was adopted applying them to the States either under the "privileges and immunities" clause of the Amendment OR under the due process clause of the Amendment.

I digress to remind us of our history and the fact that we fought the bloodiest war within a nation, in the history of nations ( the civil war) over whether the Federal Government had the right to impose it's will on the individual states. In fact, Confederate States were refused re-union and representation back in Congress unless and until they ratified the 14th Amendment, which allowed the Federal Government to impose it's will on individual states.

The USSC in the Heller case stated for the 1st time that the 2nd amendment gave the individual citizen the constitutional right to keep and bear arms. ( I interpret keep as to house and bear as to carry. That is probably debatable anyway)

The McDonald case was just argued. The Plaintiff,s attorney argued that the privileges and immunities clause guaranteed his individual right and that the Amendment (14th) thereby applies that right to the States. The Justices peppered him as that position would be unprecedented and would mean that States could not impose restrictions on individuals right to keep and bear arms.

The NRA attorney argued the due process argument, which translates to the fact that while it would be an individual right to keep and bear arms, constitutionally protected; States would have the right to impose "reasonable" restrictions. Those restrictions MUST meet 2 tests. That is it must be limited in scope ( written very specifically, not in general sweeping language) and satisfy a "significant governmental purpose" ( so the Government must show the need). It was a good strategy because, while the USSC showed part of its hand with Heller, most constitutional lawyers agreed that their argument would be the one to fly, if the Court was going to FINALLY recognise OUR Constitutional RIGHT to keep and bear arms.

If the USSC does come out and finally say it, expect that there will be much litigation as to what and how much restrictions States can place on individuals constitutional right. That is always a balancing test. The best example I can give is our 1st amendment constitutional right to free speech which was enforced on the States by the 14th Amendment; yet States have and had the right ( which i think all did) to pass a criminal law that says you cant yell out in a theater" fire" These types of State restrictions will be the next deluge of cases if (AND WHEN) the USSC resolves this case.

Of course I could be surprised and they don't rule in OUR favor; but I doubt it. Oh well, sorry for rambling on, but I wanted to be as accurate as possible to provide a reasoned response to your questions. Oh and yes, I do have a juris doctorate degree; but don't hold it against me!
 
Thank you Major Monty. But, I, personally, still believe that a citizen is a citizen is a citizen regardless of where they live. But...that's why you are a lawyer and am not. Thanks sincerely....
 
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