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BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States

 
Anonymous Coward
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06/03/2009 11:09 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Their saying as a state's right the voter can vote out the gun law in their state or at least should be able to to do that which is fudging the Constitution.
But even in Dodge City you had to check your firearms at the city limits.

But the Feds can't have it both ways by first telling the States that they must adhere to all Federal gun laws, and then turning around and saying they can ban guns.
 Quoting: Anonymous Coward 195267

the nwo ptb can do anything they want. That is why none of this makes sense. Everything that does not make sense and is illogical, is because it is being influenced or controlled by the nwo ptb. Once you realize this one thing, then all the illogical stuff will make sense to you.
Idol120
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06/03/2009 11:13 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
This is absurd! So the Bill of Rights and Constitution does not apply to cities and states, because that is what they are saying. This is complete bullshit.
 Quoting: Pheenix11

Exactly. This is the way it is when the nwo ptb have control over something. They are the final word and that is what will stand. No phone calls, letter writing, protests, etc is going to make any difference. What they dictate is how it is going down. Idol120
Anonymous Coward
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06/03/2009 11:15 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Anyone else notice too how the mainstream news isn't even reporting on this? Why are they being so quiet?
 Quoting: Anonymous Coward 195267

Once again, the nwo ptb control everything including the news. They dictate what news is squashed or what spin is going to be put on the news. Idol120
Anonymous Coward
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06/03/2009 11:19 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
It has come time for the "people" to stand up and tell the tyrant Government enough!

If we stay silent and submissive and let the government keep voiding our Rights then we will get what we deserve.

Emails and letters that people send to elected officials change nothing as they look upon the people as filth that deserve nothing .

Action does speak louder than words and any day now I hope to see the people of America rise up and take action and fight for thier Rights and freedom once again showing the tyrants that we can not be caged or enslaved and trodden upon .

The majority of the sheeple are afraid to take action because that will mean they will lose all those comforts of life, starbucks cofee, American Idol, fast food, etc.

Are you willing to trade your freedom and liberty for a few luxuries? If so then you are not a true American but a subject to be controlled.

I am willing to take the chance of losing all my posessions (except my guns) to fight the tyrants and regain freedom for all American patriots.

Just think if our founding fathers did nothing and let the british do as they pleased.

What will it take for the people to fight against the tyrant Government? Food shortages? No people will just bow down to the government that says " join our army and we will feed you".




Lock N Load people and take action before it is too late.
 Quoting: Nailer45

I'm on the same page with you. I don't care if the puppets of the nwo ptb consider us "terrorists". I would rather go down called a terrorist than be a slave. Idol120
Candace

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06/03/2009 11:23 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
So maybe it should be the choice of the city's?
 Quoting: Anonymous Coward 309323



NO, unless the city isn't part of a state and thus our country. This amendment was meant so the citizen can protect self not only against criminals, but against a criminal government. And besides to control guns they need not go confiscate them, all they have to do is confisgate bullets and make them unavailable.
Anonymous Coward
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06/03/2009 11:35 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
My gun barrel says different.
yikes!
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06/03/2009 11:35 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
all is fine until the day you need a '$200 federal stamp' and required to 'register with the fed to purchase automatic 'six packs' of Budwieser...

iamwith

why the push to rewrite the existing understanding of the 2nd amendment...

what happens when china decides to invade the states to 'take what is rightfully owed them' hell Hummer is being sold to a chinese interest...


wtf
Cranky

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06/03/2009 11:37 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Fellow Countrypersons.
Please give me a moment to help you understand something if you don't already understand...

The 2nd Amendment of the United States of America reads - "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

The 10th Amendment of the United States of America reads - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

That bolded part states that the 1st 10 RIGHTS making the Bill of Rights are all powers delegated to the United States and that is all there is to it.

Owen v. Independence, 100 S.C.T. 1398, 445 US 622
“Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”

Here (above) is a Supreme Court decision that points out that these Judges are deemed to know the law and are not immune from liability should they violate a Constitutional Right. Folks I just listed 2 CONSTITUTIONAL RIGHTS that they in fact violated with this decision. Owen v. Independence makes clear that their decision is libelous. It is TREASON for them to attempt to infringe on what are UNALIENABLE, NATURAL RIGHTS of THE PEOPLE. Get some rope and demonstrate Newton’s Universal Law of Gravitation.

If there decision was correct the local police would not need a search warrant, you could never hold a protest, the news paper could not come to your door and there would never be another jury trial amongst other things. If there is any doubt just read the 10th Amendment. By the way all bills, rules and regulations written against the 2nd Amendment are direct infringements on the same. If someone comes to your door demanding you surrender your weapons and armaments simply tell them to hang on and then return the weapon slug first to the chest! You would have then just killed a traitor!
Bean There
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06/03/2009 11:41 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
I can see the other world Western now !

JOHN WAYNE in Sheriff's Posse Rides

OK men . The Dalton gang just robbed the stage from Nowheresville . It was carrying this months Welfare allowance . I’ve called you all together to go get ‘em . We have two rifles and two shotguns in the town’s militia arsenal . Frank, Bob , Willie , Cotten , here you go .

Mount up boys , let’s RIDE . The 5 men thunder off into the sunset .

The other townsfolk and men of the county let their better judgment take control and go home to stretch the household budget .

Of course there will be no Sheriff's Posse Rides Again .
Anonymous Coward
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06/03/2009 11:42 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
If this is the case, which citizens are protected by the "federal constitution"?

Why even have it if it doesn't apply.
Omega

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06/03/2009 11:44 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Here have yourself a history lesson.
The Battle of Athens, Tennessee


Good information Omega! And living in Tennesse, Smoky Mountains to be exact, I can tell you that those of us who live in the Appalachias have known for years what is coming, and have been preparing for it too.

An interesting fact about us "hillbilies" anyone can find on Realty Trac which shows that the mortgage crisis is not hitting the backwoods of Appalachia, the cities arounds are being hit, but not us.

The reasons for this is because all of us have been raised to NEVER trust the government, banks are nothing more than pits of vipers and anyone from the Federal government is nothing more than a spy.

Will there be a civil war in America? I don't know. But if one does come you can bet everything you have that the first shots will be fired in the mountains of Tennessee, Kentucky, Virginia, North Carolina or Georgia.

And for anyone wanting to know how much trouble we can be read up on the Battle of Kings Mountain [link to en.wikipedia.org] which was the last time a central government tried to tell us what to do.

And though the Civil War did affect all of us in Appalachia, for the most part those of our ancesters who lived in the mountains, and who never owned slaves to begin with, couldn't care less who won or lost as long as they were left alone.

We feel the same today, we just want to be left alone.

But if we aren't? Someones got a real fight on their hands!
 Quoting: Anonymous Coward 195267


Hey man I envy your location. Thanks for the input and fight the good fight brother!

:5:
Handguns are a skill; shotguns an art; rifles a science.
_____________________________________
Democracy is two wolves and a sheep voting on whats for dinner.

Disarmament is the precursor to Genocide.

Better to take action now rather than chances later. Your choice.
Anonymous Coward
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06/03/2009 11:44 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
So maybe it should be the choice of the city's?

But they just VERY CLEARLY said that "the states" do not have 2nd ammendment rights.
How can they actually look themselves in the mirror and make such a hairbrained ruling...the states have no constitutional rights. They might as well clearly state that "the people" have no constitutional right. Even if the people of the state vote for it, they apparently have "no right".
 Quoting: Anonymous Coward 693867





It's just noise. These criminals in Washington are intent on the destruction of the United States. Period.

Their efforts at this present time are focused on confusing the public and misdirection as to what's in the works. The main goal is minimizing conflict from those they intend to subjugate. That's "you and me".

If you want to see what's in store for our people, take a good look at Iraq. Pysops to the max. A steady stream of propaganda from the "media". Bribery, death squads and everything in between.

Look closely at Fallujah. They dared to resist the occupation and killed some mercenaries. The US military paid the city a visit and killed most living things as payback.

Are you ready for what's coming?
Anonymous Coward
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06/03/2009 11:53 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
this is how they are gonna try and do it...say its a federal right not a state or lower government right...its gonna get worse
 Quoting: Avian




I see a ton of hypocrisy in this in regard to states rights concerning the medical marijuana issue. I think it's a valid point of contention.
Cranky

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06/03/2009 11:54 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
NO, unless the city isn't part of a state and thus our country. This amendment was meant so the citizen can protect self not only against criminals, but against a criminal government. And besides to control guns they need not go confiscate them, all they have to do is (SIC)confisgate bullets and make them unavailable.
 Quoting: Candace


What law allows the government to invade your home to collect your private property be it a gun or ammunition? The 2nd Amendment reads - “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It does not read guns, ammunition, rifles, pistols, machine guns at all but instead says ARMS. Any weapon that you hold in your hand (s) constitutes an “ARM.”

If you pick up a bat in self defense this “DECISION” makes doing so a crime. Naturally firearms are the corrupt government’s biggest obstacle to their continued destruction of the United States of America. In my state you must show ID in order to buy a Swiss Army Knife. Now in England after their gun ban they then banned knifes. Now they can’t film their Bobbies but the Bobbies can film YOU! So, once “DISARMED” the people of England now have no Rights at all!

Do you see what I’m saying?
Anonymous Coward
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06/03/2009 11:58 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Gun control is racist. It's no coincidence that Chicago, with a large minority population, wants to restrict the rights of people to have guns. It's much easier to persecute and lock up unarmed minorities.

Watch these well done videos:
Thread: Liberal Gun Grabbers are RACISTS!!!!!!!!!!!!
Anonymous Coward
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06/03/2009 11:58 AM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Discussing anything but CONSTITUTIONAL issues is futile unless one is taking a cowardly position. Now, we either have a Contitution or we don't. It's that simple. Less simple these days is having the guts to defend it.

Every country that disarmed its citizens was followed by death...millions of people were gunned down by their own governments. Keep that in mind when they come for your weapons, not only for yourselves, but for your posterity.

Never let it be said that we didn't defend our kids from the hell that awaits them if we don't act...never. That's the charge our forefathers gave us, and it's our duty to die, if necessary, for that cause.

I'm so proud of you real Americans who stand at the ready. God bless and keep you in all you do.
.
Anonymous Coward
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06/03/2009 12:00 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
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.

“The Supreme Court has rebuffed requests to apply the second amendment to the states,” U.S. Circuit Judge Frank Easterbrook wrote, upholding lower court decisions last year to throw out suits against Chicago and its suburb of Oak Park, Illinois.

The Fairfax, Virginia-based NRA sued the municipalities in June 2008, one day after the U.S. Supreme Court’s decision in District of Columbia v. Heller struck down a hand-gun ban in the U.S. capital district encompassing Washington.

“We clearly disagree with the court’s conclusion,” NRA attorney William N. Howard, a partner in Chicago’s Freeborn & Peters LLP, said in a telephone interview. “The next step will be an appeal to the Supreme Court.”

“We recognize that this may not be the end of this litigation,” Jenny Hoyle, a spokeswoman for the city of Chicago’s law department said, acknowledging the likelihood the NRA would seek further review. “We’re certainly prepared for that if this happens. We’re prepared to aggressively defend our ordinance.”

Second Amendment

Adopted in 1791 as part of the Bill of Rights, the Second Amendment reads in its entirety: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

In Heller, the high court struck down Washington’s 32-year- old gun law, which barred most residents of the city from owning handguns and required that all legal firearms be kept unloaded and either disassembled or under trigger lock. Six residents had challenged the law, saying they wanted firearms available in their homes for self-defense.

“Heller dealt with a law enacted under the authority of the national government,” Easterbrook wrote, “while Chicago and Oak Park are subordinate bodies of a state.”

Chicago’s law took effect in 1982, Hoyle said. While it allows ownership of long guns such as rifles, they must be registered annually with the city’s police department. Concealed weapons, semi-automatic and automatic weapons are not permitted.

Some exemptions apply to members of the military and law enforcement agencies.

Following Precedent

Chicago U.S. District Judge Milton Shadur on Dec. 4 rejected the NRA’s request that he apply the Heller ruling to the Chicago and Oak Park laws, stating he was bound to follow a 1982 appeals court ruling upholding a ban by the Illinois village of Morton Grove.

That decision came from the U.S. Court of Appeals in Chicago, the same body that issued today’s opinion. The 15 judges of the Seventh Circuit hear appeals from the federal courts of Illinois, Indiana and Wisconsin.

Easterbrook, joined by Circuit Court Judges Richard Posner and William Bauer, said they, too, were bound to follow the precedent of a higher court, the U.S. Supreme Court, in its ruling on the Second Amendment not applying to states.

An appellate court departure from high court precedent “undermines the uniformity of national law,” Easterbrook wrote.

The judges rendered their ruling one week after hearing arguments.

Applicable Law

A San Francisco-based federal appeals court, with jurisdiction over cases from California, Oregon, Washington and six other Western U.S. states, in April ruled the Second Amendment can be read as applicable to states and counties.

Still, the U.S. 9th Circuit Court of Appeals’ decision in Nordyke v. King allowed to stand an Alameda County, California regulation that outlaws gun possession on county property.

Howard, the NRA’s lawyer, cited the Nordyke ruling as one of the reasons for his client’s challenge to the Chicago court outcome.

“This thing is headed for the Supreme Court,” University of Chicago Constitutional Law Professor Richard Epstein said in a phone interview.

“This is a question where you cannot run a split administration and there’s no way the circuits can resolve this amongst themselves,” he said.

The 7th Circuit case is National Rifle Association of America v. City of Chicago, 08-4241, U.S. Court of Appeals for the Seventh Circuit (Chicago). The 9th Circuit case is Nordyke v. King, 07-15763, in the U.S. Court of Appeals for the Ninth Circuit (San Francisco).


[link to www.bloomberg.com]
 Quoting: Not Good!!! 195267
Anonymous Coward
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06/03/2009 12:08 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
About the NRA. They compromised with the Feds a long time ago, especially in the State of New York. The only organization that continues the genuine battle in the courts in defense of the 2nd Amendment is Gun Ownwers Of America.
.
Anonymous Coward
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06/03/2009 12:17 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
That is dangerous for them to do. You can not go above the Supreme Court and not consider that others in this Country can brand you a traitor and in treason of the U.S. Constitution as well as more division in the USA due to their mis-alignment against the Supreme Court.

It can not be allowed.
Anonymous Coward
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06/03/2009 12:20 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
Anyone else get the sinking feeling we're being set up for a civil war?


you act surprised. welcome to the nwo pal.
 Quoting: Anonymous Coward 693816


Yep I 2nd that. They are going to break up this country that is destroy and fragment the states into separate entities that will be at war with each other in order to create the New World Order such as forming a new nation such as the North American Union with Canada, Mexico , Caribean states and all of South America to create the Federated States of America and Later become part of a galactic federation like the Federation of Planets like the Star Trek Movies so they can continue their conquest of the outlying star systems. Do you think I am kidding no I am not. I know whats going on and what their plans are for humanity. The ecomomic collaspe is not accidental and part of their plans to get their New World Order in full operation and it won't be long. They know what they are doing and have planned this out a very long time ago before the America came into being since it is a creation of theirs. Don't be fooled and underestimate the TPTB they know what they are doing it the people that are ignorant to these truths. You can Laugh at me but you laugh at your own peril. I take what I am saying very seriously. Since what you know about all the religions are meant to trap you and make you a slave to their thinking. All of history is a lie.
Anonymous Coward
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06/03/2009 12:23 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
THIS JUDGE NEEDS TO BE THROWN IN JAIL ALONG WITH ALL HIS MINIONS.
anonymous
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06/03/2009 12:56 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
judges release violent career criminals, every day, so the public has to defend thier self from these repeat offenders . jails are not a deterant to drug addicts and carreer criminals... Education is still the only real tickets out of poverty . drug addict moms produce kids with lower IQ s ... chronic addicts should get fixed, cause they remain extremely poor reliable parent material..
Anonymous Coward
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06/03/2009 01:34 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
hey op you need to change that "automatic weapons", to
semi automatic weapons,
cause normal people can't own "automatic weapons",
in america
it's very misleeding.

It's not mine to change, it's the exact wording of the Bloomberg article...go to the link and see.
 Quoting: Anonymous Coward 195267

Hmmm .... perhaps the media has their facts straight ... this time? Let me off this bus ride, Heck I don't even have a window seat!
Anonymous Coward
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06/03/2009 01:36 PM
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Anonymous Coward
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06/03/2009 01:42 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
DC v. Heller will be the guidance for the Supreme Court in the appeal and the ruling will go down in flames. But what I find interesting in the contorted logic of the Chicago appeals court, is to achieve their ruling, they in effect had to rule that the Constitution doesn't apply to states or municipalities citing its own 1982 Court of Appeals ruling over a Ruling of the Supreme Court itself.

The slippery slope the Appeals Court placed itself on to come to its decision would in effect disqualify the Federal Government as a valid governing agency over any state or municipality. It could then be reasoned that any state or municipality could disregard the Federal powers granted by the 10th Amendment just as easily as the Second Amendment.

Humorously, in their devotion to their liberal agenda they took a bold step forward for State Sovereignty!

This of course won't happen but a challenge from a State as to Federal control based on the ruling of this misquided Appeals court might prove interesting if not entertaining.
Anonymous Coward
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06/03/2009 01:46 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
normal people can't own "automatic weapons",
in america

BTW...US citizens CAN own automatic weapons.

The legal ownership of automatic weapons is a complicated process. Below is a brief summary of the current legal requirements focusing on private ownership. It is no means exhaustive and anyone considering private ownership is advised to consult a competent dealer regarding the details and requirements in your state.

The ownership of machineguns was first regulated at the federal level by the National Firearms Act of 1934. This act establishes the need for the approval of the Treasury to transfer or own a machine gun along with the payment of a $200.00 tax each time a weapon is transferred to or among individual collectors. In addition the weapons are registered in a federal database. These procedures remain in effect today as part of the federal tax code though they are administered by the Bureau Of Alcohol, Tobacco, Firearms and Explosives.

A second federal statute, The Firearms Owners' Protection Act of May 19, 1986, created two broad classes of automatic weapons. Guns manufactured and registered prior to the acts date which can be owned by civilians. These are called “transferable guns”. Those manufactured on or following the acts date are restricted to manufacturers, dealers and government entities. There are additional restrictions on dealers and manufactures which are not detailed here.

Certain states have additional requirements on machine gun ownership over and above the federal regulations noted above. Some states ban ownership totally. In Massachusetts, for instance, an additional state License To Possess A Machine Gun granted by the local police department is required. To qualify you must be a certified firearms instructor or bonafied collector of firearms.

The first step in ownership is to locate the transferable firearm of your choice via a qualified dealer in your state. You may then begin the transfer process but may not take possession of the firearm until the transfer is approved. The entire process can take a few months to complete.

The transfer process involves submitting an application with photographs and fingerprints signed by your local Chief Law Enforcement Officer to the Bureau Of Alcohol, Tobacco, Firearms and Explosives along with a $200.00 transfer tax payment. Upon completion of a federal background check the Bureau will approve or deny the application. If approved a copy of the application is returned to you with the required tax stamp attached. At this point you may take possession of the firearm from the dealer.

[link to www.hansonshoot.com]
 Quoting: Anonymous Coward 195267

Interesting that if you're the one with the tax stamp, it's yours. Should another take it (machine gun or destructive device) registered to that individual, that person is in possession of an unregistered machine gun and is illegal. Cute, when the cops try to take away registered "destructive devices!" Fed law Kings-Xs local laws per BATF.
Anonymous Coward
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06/03/2009 01:55 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
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.

 Quoting: Not Good!!! 195267



wtf

The U.S. Constitution IS the supreme LAW of the United States and the U.S. Supreme Court is the body that determines the Constitutionality of all laws passed by Congress.

The Federal Court is WRONG and needs to be STRIKEN and the judges ruling need be REMOVED -- NOW!!!!
Cranky

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06/03/2009 01:58 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
DC v. Heller will be the guidance for the Supreme Court in the appeal and the ruling will go down in flames. But what I find interesting in the contorted logic of the Chicago appeals court, is to achieve their ruling, they in effect had to rule that the Constitution doesn't apply to states or municipalities citing its own 1982 Court of Appeals ruling over a Ruling of the Supreme Court itself.

The slippery slope the Appeals Court placed itself on to come to its decision would in effect disqualify the Federal Government as a valid governing agency over any state or municipality. It could then be reasoned that any state or municipality could disregard the Federal powers granted by the 10th Amendment just as easily as the Second Amendment.

Humorously, in their devotion to their liberal agenda they took a bold step forward for State Sovereignty!

This of course won't happen but a challenge from a State as to Federal control based on the ruling of this misquided Appeals court might prove interesting if not entertaining.
 Quoting: Anonymous Coward 606636


AC their decision violates the 10th Amendment - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." as well as the 2nd Amendment.
Anonymous Coward
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06/03/2009 02:00 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
DC v. Heller will be the guidance for the Supreme Court in the appeal and the ruling will go down in flames. But what I find interesting in the contorted logic of the Chicago appeals court, is to achieve their ruling, they in effect had to rule that the Constitution doesn't apply to states or municipalities citing its own 1982 Court of Appeals ruling over a Ruling of the Supreme Court itself.

The slippery slope the Appeals Court placed itself on to come to its decision would in effect disqualify the Federal Government as a valid governing agency over any state or municipality. It could then be reasoned that any state or municipality could disregard the Federal powers granted by the 10th Amendment just as easily as the Second Amendment.

Humorously, in their devotion to their liberal agenda they took a bold step forward for State Sovereignty!

This of course won't happen but a challenge from a State as to Federal control based on the ruling of this misquided Appeals court might prove interesting if not entertaining.


AC their decision violates the 10th Amendment - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." as well as the 2nd Amendment.
 Quoting: Cranky

Exactly.
Anonymous Coward
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06/03/2009 02:10 PM
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Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
their ruling is null and void and they should be tried for treason

this is not a state v. federal issue...a right is a right, no matter which commie is trying to suppress it





GLP