advertisement

The world-famous Internet site of the Nationally Syndicated Neal Boortz Show!

Search Boortz.com
Enter search terms:
Browse Boortz.com
Today's Nuze

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Nobody's listening.

THE SECOND AMENDMENT BATTLE

By
Neal Boortz
@ June 5, 2009 8:17 AM
Permalink | Comments (47) | TrackBacks (0)

Here's the set up. The city of Chicago has banned handguns and automatic weapons since 1982. The NRA believes this to be an infringement upon your right to bear arms. Now, you'll remember last summer the Supreme Court decided on a case "District of Columbia v. Heller," which recognized an individual right to bear arms. The day after the Supreme Court came to this decision, the NRA challenged the Chicago gun ban.

Well the reason I bring this up now is because a three-judge panel has finally ruled on the challenge - it rejected the NRA's challenge to the ban. Its explanation was that the

"District of Columbia v. Heller" case recognized an individual right to bear arms under the Second Amendment, but that it doesn't apply to states and municipalities. In other words, the Heller case dealt with a law passed by the federal government, where as this Chicago gun ban is a local matter ... and according to this panel of judges, the Second Amendment does extend to laws passed by state or local authorities, only the federal government.

So now the NRA wants the Supreme Court to take up the case. Better hurry. You can rest assured that if Obama gets to replace a conservative justice it won't be with someone who feels friendly towards the Second Amendment.

Why does the left feel so strongly about disarming Americans? Could that be because when guns are outlawed, only the government will have guns?



0 TrackBacks

Listed below are links to blogs that reference this entry: THE SECOND AMENDMENT BATTLE.

TrackBack URL for this entry: http://boortz.com/blogging/mt-tb.cgi/33081

Jamie Dupree's Blog

If you enjoy Neal's daily chat with Jamie Dupree, you'll love Jamie's Blog! Check it out for analysis of the campaigns and goings on in Washington D.C.

Cristina Gonzalez and Laura Nunemaker assist in the daily preparation of Nealz Nuze!


Avg. rating: N/A

What others are saying

  • Copy's quotes
    His quotes were in wrong order so I thought he was going a different direction.

    But no, not out of habit. I'm sure he'll twist it a different way some where along the line.
  • To Mary E.
    Wrong! When guns are outlawed only the Government AND outlaws will have guns.

    Aren't they both one in the same?
  • whats the problem..?
    the people whom should have them will never out of fear that they will be thrown in prison..while the ones that do have them and use them are thrown in prison for less time than the ones whom simply possess them..!we as a people have the right to possess and bear arms..period..
  • 2nd Amandment
    I guess the Chicago ruling means:
    1st Amendment – States can establish a religion or prohibit one.
    2nd Amendment – already spoken for
    3rd Amendment – probably is moot
    4th Amendment – States can have unreasonable searches and seizures and issue warrants without probable cause.
    5th Amendment – States can hold persons without presentment or indictment and be tried twice for the same crime. lic use, without just compensation.
    6th Amendment – States do not need to provide a public & speedy trial.
    7th Amendment – States do not have to provide trials by jury..
    8th Amendment – States can require excessive bail.
    9th Amendment – States can deny or disparage others retained by the people.
    10th Amendment – probably is moot
    11th Amendment – probably moot
    12th Amendment – Probably not impacted
    13th Amendment – States can have slavery
    14th Amendment – Not impacted
    15th Amendment – not impacted
    16th Amendment – not impacted
    17th Amendment – not impacted
    18th Amendment – States can allow general production of intoxicating liquors.
    19th Amendment – not impacted
    20th Amendment – not impacted
    21st Amendment – probably moot
    22d Amendment – probably moot
    23rd Amendment – probably moot
    24th Amendment – States can deny the right to vote
    25th Amendment – probably moot
    26th Amendment – may conflict with 24th amendment
    27th Amendment – probably moot
  • re: wrong Copy
    Joyce, are you just saying copy is wrong out of habit. He just said that the 2nd amendment protects individuals from the states as well as the feds.
  • To: Joyce
    ... umm, yes, I just said that.

    I guess the "positive and negative rights" wording can be confusing. By spelling out what the state and federal governments are not ALLOWED to do, the amendments thereby secure what individuals have the RIGHT to do.

    That's what a "right" is--a limitation on what government can do, not a specification of what a person can do. Or were you making a different point?
  • Wrong Copy
    The first 9 are for individuals! To protect us from state and fed.
  • To: Scrillimonger
    "If the wording of the Second Amendment makes it applicable to only the Fed (no mention of Fed, only right shall not be infringed), then the First Amendment DEFINITELY only applies to the Fed (Congress shall make no law). So, states can restrict free speech, press, etc. with being unconstitutional."

    Nope. The 14th Amendment overrode much of the "states' rights" arguments of the 10th, extending the majority of the Bill of Rights constraints to state governments as well as the federal level.
  • Funny that this three judge panel wants to pretend they believe in states rights. However, I'm sure the same three judge panel would also rule that the state does not have the right to refuse federal stimulus money.
  • This shows I was off slightly yesterday.
    When I posted "Whether it’s hussein or Sotomayor, we are to be ruled by people, not laws. The law is whatever they say it is," yesterday, I noticed I should have added "today."

    Contrary to what some believe, socialists can and do have it both ways, in politics and in law. In their thinking, the needs of the moment are supreme. That’s what a ‘living, breathing Constitution,” is all about.

    It should be obvious the dp's concern isn't public safety (the evidence they are wrong is overwhelming), but their own, because they intend to subjugate the public further than they think the public will stand.

    The dp also disarm citizens to make them dependent on government for defense of self, family, and property (along with health care, education, employment, and retirement). Then any or all can be withdrawn if you displease the wrong officials or party members.
  • Wording
    This has probably been addressed, but I'm too lazy to look through all the posts.

    If the wording of the Second Amendment makes it applicable to only the Fed (no mention of Fed, only right shall not be infringed), then the First Amendment DEFINITELY only applies to the Fed (Congress shall make no law).

    So, states can restrict free speech, press, etc. with being unconstitutional.
  • Chicago Gun Law
    Wrong! When guns are outlawed only the Government AND outlaws will have guns.
  • The 10th amendment
    The 1st 10 amendments to the US Constitution were expressly designed to limit the power over the federal government. Read the Jefferson Papers as to his intent on the amendments. This matter is precisely why Roe vs Wade is such a travesty.
  • Bill of Rights
    Pulled from http://www.usconstitution.net/consttop_bor.html

    "All ten of the original amendments are referred to as The Bill of Rights, though only the first nine pertain to the people (Amendment 10 pertains to the states, though it mentions the people in parallel)."

    Back to Joyce: This is to protect the people from BOTH the state and/or the federal government.

    Amen#13 says "within the United States" and that the Congress shall have the power to enforce. So no, a state could not reinstate it!

    States cannot take away our freedoms anymore than the federal govt.
  • A simple man's take on gun control
    I for one, wish the BOZO admin. had addressed the gun control issue first,right out of the starting blocks.They could have ramped up the brown shirts and started coming door to door to collect all personal weapons.This way,a lot of us would not be forced to watch the slow destruction of the United States.Ask yourself what you would do, and be honest with yourself.When they got to your front door, would you give up your weapons freely or would you say NO? If you say NO,what do they do? Kill you on the spot and take your weapons,or come back in the middle of the night and do the same thing. My guess is the middle of the night, less witnesses.Until this comes about,most Americans are willing to sit in their homes(under a soft Tyranny) and bitch about this and that.This is the only way to separate the folks who are willing to die for their freedoms and those who are not. Don't get me wrong,I do not have a death wish, nor do I want to die by the hands of my own government.But I refuse to give up my weapons and my right to defend myself.So,with that said,let's get the party started.I'll volunteer to be first,if the Statist wants all our weapons,they can start with me. Come and get them.There I said it, and I'm proud of it, come and get mine first.Then and only then can the American people see just how far the Statist is willing to go. Oh hell,gotta go, someones here,Damn these people are fast.
  • guns in chicogo??????
    don't worry you can still buy a gun from your local drug dealer (un-licensed pharmisist) and then shoot his ass and take his drugs. claiming you did a service to the 'hood 'cuz he didn't have a license. osamabama will make you a czar/tsar.
  • doesn't apply to states and municipalities
    So if a state decides to allow slavery, that's okay because the 13th amendment doesn't apply either, right?
  • @ Carlos
    Only the first amendment to the constitution is prefaced by the phrase "Congress shall Make no Laws..."
  • automatic
    "The city of Chicago has banned handguns and automatic weapons since 1982." Can someone tell me which state has AUTOMATIC gun ownership LEGAL? I thought it was outlawed in all 50 states?

    Just remember: you're a guaranteed victim in a gun free zone and you’re guaranteed a victim in a gun free zone.
  • 10th amendment
    I am so glad that these judges read the tenth amendment in lawschool.
    "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."

    The power to prohibit guns was removed from the states quite clearly in the 2nd amendment.
    "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 nto say shall not be infringed by the federal government, but states and localities can. It says quite clearly shall not be infringed, period, end of story. You have to love judges that can't read something so clear and obvious. It does not stop states from requiring registration, but does stop them from prohibiting the people from keeing them and bearing them.
  • Chicago/Kennesaw
    I do not live in GA anymore, but it seems like there is an old law in Kennesaw that states that home owners MUST own a firearm.
  • To Rusty
    You could have just said criminals and hit 2 birds with one stone. Make no mistake government is made up of criminals. They are even worse than the criminals they claim to protect us from. They are above the law and they know it.
  • Chicago and the Second
    Wow, since 1982 gun ban in Chicago, there are NO guns there.
    Idiots!
  • States Rights
    Any powers not spelled out in the Constitution are given to the States. To me, the 2nd amendment charges the Federal government to protect our right to own firearms, so the state has no right to ban them.

    Using this panels ruling, Texas can ban the 5th amendement rights in illegal immigration cases, Alabama can allow slavery, Georgia can bring back segregation, Kentucky can ban women from voting.

    All law abiding citizens should immediately move from any locale that does not allow gun ownership, and leave them with no tax receipts and a populus full of thugs.
  • Correction regarding Heller
    Pages 2 and 3, paragraph 3 of the ruling in Heller make it crystal clear that the Heller decision and the 2nd Amendment DO cover state and municipalities. This 3 judge panel is going directly against the specific words of the majority opinion authored by Justice Scalia. Here's the link: http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-2901.pdf
  • Disarming the Law-abiding only empowers the criminals and the government.
    There is NO other reason to Disarm the Law-abiding than to empower the government, It has been shown time after time that it does not reduce crime.

    There is only one reason the Statists want Disarm the Law-abiding either through Registration and then Confiscation, Taxation, restricting ammo sales, treaties or Judicial fiat.
  • Rubbish
    The 7th Circuit Court ruling is rubbish.The 7th Circuit Court three-judge panel ruling is rubbish. It was the District of Columbia not the Federal Government that wrote and passed the law that was overturned in the District of Columbia v. Heller case. For all intensive purposes the District of Columbia is a municipality.

    One must assume the reasoning for this ruling come from the fact that all laws passed by The District of Columbia Council are subject to congressional review . If Congress does nothing, the legislation passed by The District of Columbia Council becomes law.
  • full auto
    to sda-
    the gun control act of 1934 outlawed machine guns but has a provision for legal ownership if the weapon is registered and a $200 tax (a lot in '34) is payed.

    the firearm owners protection act of 1986 aka the machine gun ban outlaws machine guns made after 1986.

    so... a machine gun is legal if it is made before 1986 and is registered and the tax payed per the 1934 law(your state laws may vary).

    do a search for "machine gun shoot". people get together for events like the knob creek shoot. you can see video on youtube. looks like a lot of fun
  • @Bill
    I was about to say the same thing. According to this logic, the only people who can be guaranteed their constitutional rights are those living in the District of Columbia.
    Somehow I do not think that was the intent of our founders.
  • Guns
    There is in addition to the bill shown by Brian below a bill in the Illinois legislature brought up by a Chicago Congressman that will require a $1,000,000 GUN Liability policy for all gun owners in order to renew your FOID card. If you do not have the policy you can not renew your card, hence it is unlawful to have a gun!( and we must take it from you). The interesting part is NO ONE will write such an insurance policy, making all guns in the state illegal (you can't even self insure even if you have the funds). Lets take all the guns away from LAW ABIDING CITIZENS and just put them in the hands of the thugs & gangs. And since guns have been banned in Chicago for years I wonder why the murder rate is up (NOT)? Most of the murders in Chicago is GANG related, and I'm sure they have registered their guns.
    A little factoid never spoken by the left is that states with concealed carry or open carry have a lower assault rate than those like Chicago that do not!
  • Amendments
    Does this mean by the same standard that the first,fourth, fifth and other amendments do not apply to the states? I find that absurd. A Constitutional amendment either applies to all of the states or it is being violated in my view.
  • To: Constitutional "experts"
    If you'll check the rulings and case precedents (http://supreme.justia.com/ is a good resource), you'll find that the post-Civil War amendments changed a lot of the "states' rights" provisions of the 10th Amendment.

    And they're just as much a part of the Constitution.
  • Death City (Chicago)
    Why bother banning guns in this hellhole. The bad guys don't care and there seem to be more gun deaths in Chicago than anywhere else. Since when does the trash listen to guns bans? Give the law abiding citizens gun rights and watch the bad guys crawl into a corner and cry that they are being treated (and shot) as criminals as the law abiding citizens rightfully defend themselves and blow them away. Like duh..those morons supposedly running Chicago clearly have their priorities screwed up to a fairthewell..
  • 2nd & 14th Amendments
    I believe the 9th Circuit has actually ruled that the 14th Amendment DOES in fact apply the 2nd to the states (see Nordyke v Alameda County Board of Supervisors, 20Apr09).

    Granted that this ruling (which went against the gun-show operators, but has this important 14th Amendment ruling) was in California, and the Circuit Court in Illinois is not necessarily bound by it, the Nordyke case DOES establish a Federal precedent using the 14th Amendment to apply the 2nd to the States.

    Assuming the plaintiffs appeal this case to the Appellate Courts, and get a Federal Court ruling on the 2nd-14th application, that would be a big win for gun rights. Even if the local Circuit rules that the 14th does NOT apply the 2nd to the States, the competing rulings from different Circuits almost guarantee a SCOTUS case.
  • HR 45
    Well this is scary…will we no longer be allowed to own guns? Thanks to the change we can believe in.
    http://www.opencongress.org/bill/111-h45/text
  • states rights?
    Is it only me, or did that three judge panel just make the case that local and state laws trump Federal law?

    Things that make you go Hmmmmmmm . . .
  • Federal Government Intrusion
    I would die (or kill if necessary) to defend our right to keep and bear arms. On the other hand, I support Californians and others when they assert that their physicians may lawfully prescribe marijuana or any other drug they deem advisable, despite what the pedantic Pharisees want us to do. The DEA is Unconstitutional and should be promptly dissolved.

    The principle behind these two positions is not inconsistent, as some sheep might believe. In California, as in any other Sovereign State that tells the DEA to go crawl under a rock and die, they should have the authority to arrest and punish the DEA when those thugs violate their laws. (Don't hold your breath waiting for the Governator to sprout a big enough pair to actually enforce their laws.) By the same token, if Chicago is foolish enough to prohibit lawful ownership of firearms, the Supremes should recognize that they do not have jurisdiction to undo that law either.

    So, what should the federal government do? Only those things written in our Constitution. Drug prohibition isn't on that list. Neither is intrusion in Chicago's affairs despite their foolishness. The Second Amendment only constrains the federal government, not Chicago's government.
  • All you need to know is...
    that with the economy in such a bad position the politicians in Washington DO NOT want you to have guns. They are worried that when the economy tanks and the US is falling apart like the USSR did that people will pick up their guns and use them. They are right. The thing is that this is all their fault and all they are trying to do is save their own hydes. It has nothing to do with stopping gun violence among citizens. Politicians are actually scared for the lives of their families.
  • Not Quite
    SDA: Select-fire (or "fully automatic" if you prefer) firearms are perfectly legal in most states, provided they were in civilian circulation before 1986 and you pay your $200 BS tax to the ATF to transfer ownership.
  • The Bill of Rights does not apply?
    I guess this means the Bill of Rights does not apply to the states. The Fifth and 10th amendments, not apply to the states? How about the first amendment? This court shows just how corrupt and wrong they truly are.
  • Horse Squeeze
    While it's true that the 1st Amendment is limited to only the Federal government (i.e. CONGRESS shall make no law...), but the 2nd Amendment makes no such statement. Therefore it must apply to all levels of government, right?
  • This is probably a loser-but
    As a 28 year member of the NRA, I must say that the judges probably made the correct decision in this case. The amendments to the constitution are prefaced by the statement "Congress shall make no laws-"
    We can't have it both ways. Either we believe in the 10th amendment or we don't. On the positive side of all this, maybe the 10th amendment is beginning to be recognized as a valid curb on an out of control federal government. Liberals can't have it both ways either.
  • Constitution
    If states don't have to abide by the Bill of Rights, does that mean this panel of judges would be ok with Alabama, for instance, bringing back slavery? After all, it's only outlawed at the Federal level.

    This is an inane ruling.
  • 2nd Amendment
    I think you mean Semi-automatic weapons or auto loaders.
    Automatic weapons have been banned for Many years before 1982 are are banned accross the country
  • Huh?
    Didn't hundreds of thousands of Americans die in a war that ultimately decided that federal law trumps state law?
  • I never understood...
    ...why the liberals in this country prefer to call and wait for a gun to show up(calling the police) rather than just go ahead and have the gun on them while the crime is happening? Police usually just clean up after the incident has happened, we can make an effect immediately when the individual has the gun on them and doesn't have to wait for one to show up.
  • Gun ban
    "when guns are outlawed, only the government will have guns?"

    When guns are outlawed, only criminals will have guns. Which in our case is pretty much the gub'ment.
send to a friend  view as printer-friendly  RSS feeds
advertisement
advertisement
advertisement