Supreme courts of every state and federal courts have stated for nearly 200 years that acts of legislatures are presumed Constitutional until a final court ruling otherwise. The Constitution provides for a well ordered (regulated) militia. From the beginning, guns have been regulated by states.
Illinois recently passed gun restrictions signed by its governor. New York’s Legislature also did so recently and the court there declined to block the law while reviewing it when asked. The Jo Daviess County sheriff and state’s attorney apparently claim that their judgment and authority supersedes the Legislature that represents the people and pretend to have Supreme Court authority to decide constitutionality.
Wrapping themselves in the Constitution, they ignore their oaths to enforce the laws, saying they won’t arrest persons who are otherwise lawful. Then why arrest shoplifters or speeders who are otherwise lawful? Their argument is, simply put, “mistaken,” and assumes the result they apparently prefer politically.
Is this more performance law enforcement? What office will they next seek?
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Police agencies, the state attorney general, and any person charged with a crime under any law can claim unconstitutionality as a defense. Properly submitted to a court, there can be an injunction (and a temporary one later ended up being issued in this case) if there is serious doubt about constitutionality. That is the correct approach.
I find it odd that law enforcement persons want more, and more dangerous, guns on our streets while we are failing to protect school kids.
Not understanding or failing their role, these men should not hold office. Vote accordingly.
Those who disagree with the 2nd Amendment attempt to regulate the rights guaranteed by the Constitution and progressives continue to create laws contrary to the Constitution by denying the rights stated in the Constitution. “A Law repugnant to the Constitution is void.” With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President.
If a law is passed and signed by a Governor or President it becomes a legal law. if you don't like it it can be challenged in court but you cannot have law enforcement saying the will not enforce it. If that's what you want then our country is no better than any 3rd world county. Maybe that's what we have become.
I carried an M-16 in Vietnam for a year. There is one hell of a difference between an assault rifle, hand gun, shot gun or rifle. We have banned assault weapons before. We need to get serious and implement universal background checks and assault rifle bans. Claims that this will lead to taking away legitimate guns is BS. I saw what weapons of war can do, first hand.
Flynnvet, if in fact you are a vet, you know full well the difference between what has been monikered as an "assault rifle" the AR-15 for instance and an M-16.
If and when liberals take the majority on the Supreme Court they could reinterpret the Second Amendment just like the the conservatives did with Roe vs Way.
Who Knows... If your comment is intended for me you are way off base. That is the title of the article...Not my assessment of an AR vs an M4 M16, SAW, M60 or M2.
If you are referring NFA of 1934 I'm also familiar with it.
I merely asked for a definition of an "assault weapon" and The Brady Handgun Violence Prevention Act went into effect in 1994 as the first federal law to enforce background checks for gun sales. Under this law, federally licensed dealers are required to contact the FBI to run a background check on anyone looking to purchase a gun.
I find it amusing that people always attempt to legislate taking guns away from law abiding citizens but never do I hear them talk about taking away the guns from the criminals. Oh, btw...since a few don't like the gun enforcement issues where a court has already BLOCKED the law on appeal, why don't you all focus on the top of the heap and write letters to the White House concerning the President not enforcing the laws concerning immigration. You kind of look 2 faced!
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(20) comments
Guns are not dangerous. Idiots and close minded people are, that’s why they’re called criminals.
Gus are not Dangerous? WOW, I don't believe you would hear that from someone who has been around guns.
Here’s your sign
Those who disagree with the 2nd Amendment attempt to regulate the rights guaranteed by the Constitution and progressives continue to create laws contrary to the Constitution by denying the rights stated in the Constitution. “A Law repugnant to the Constitution is void.” With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President.
If a law is passed and signed by a Governor or President it becomes a legal law. if you don't like it it can be challenged in court but you cannot have law enforcement saying the will not enforce it. If that's what you want then our country is no better than any 3rd world county. Maybe that's what we have become.
Maybe you should go live in one of those 3rd world countries and see WHY we have the 2nd Amendment.
I carried an M-16 in Vietnam for a year. There is one hell of a difference between an assault rifle, hand gun, shot gun or rifle. We have banned assault weapons before. We need to get serious and implement universal background checks and assault rifle bans. Claims that this will lead to taking away legitimate guns is BS. I saw what weapons of war can do, first hand.
Flynnvet, if in fact you are a vet, you know full well the difference between what has been monikered as an "assault rifle" the AR-15 for instance and an M-16.
If and when liberals take the majority on the Supreme Court they could reinterpret the Second Amendment just like the the conservatives did with Roe vs Way.
That's exactly what you want, isn't it? Constitution be dam*ed.
Downstate judge issues temporary restraining order over Illinois' new assault weapons ban.
https://abc7chicago.com/illinois-assault-ban-weapons-weapon-il/12720880/
Define "assault weapon" and you obviously are unfamiliar with the required background checks now in place and the requirements to purchase a fire arm.
Who Knows... If your comment is intended for me you are way off base. That is the title of the article...Not my assessment of an AR vs an M4 M16, SAW, M60 or M2.
If you are referring NFA of 1934 I'm also familiar with it.
I merely asked for a definition of an "assault weapon" and The Brady Handgun Violence Prevention Act went into effect in 1994 as the first federal law to enforce background checks for gun sales. Under this law, federally licensed dealers are required to contact the FBI to run a background check on anyone looking to purchase a gun.
Thanks for the clarification.
[thumbup]
no free man shall ever be debarred the use of arms (Thomas Jefferson)
SAF files injunction in Illinois gun ban case.
https://www.saf.org/saf-files-for-injunction-in-illinois-gun-ban-case/
Its not stated in 2nd Amendment That you have a right to own AR-15 M-16.
I find it amusing that people always attempt to legislate taking guns away from law abiding citizens but never do I hear them talk about taking away the guns from the criminals. Oh, btw...since a few don't like the gun enforcement issues where a court has already BLOCKED the law on appeal, why don't you all focus on the top of the heap and write letters to the White House concerning the President not enforcing the laws concerning immigration. You kind of look 2 faced!
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