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"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it."

Frederic Bastiat

GUN LAWS BACK IN THE SUPREME COURT

By
Neal Boortz
@ October 1, 2009 8:01 AM Permalink | Comments (35) | TrackBacks (0)

If you'll try and think back to last year, the right to bear arms claimed a major victory. The Supreme Court ruled that the Second Amendment protects the individual right to bear arms, not just the right of a state militia. Careful. That Supreme Court ruling applied to a district that was under federal control; the District of Columbia. Now we're talking about states and cities, and another gun control case has made the docket. This time around, the Supreme Court is going to decide whether state and local gun control laws can be challenged under the Second Amendment.

I believe that the Supremes will do anything they can to rule that the Second Amendment was the ONLY amendment in the Bill of Rights that granted power to the government instead of the people. In other words, the pudding is getting deeper.

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What others are saying

  • Hey libtards!
    If you hate guns so much, how about putting a large sign in front of your house, saying this is a gun free home.
    By Fred @ 10/02/09 08:40:18 AMreport abuse
  • @Joyce
    Joyce, the reason liberals don't want anybody to have guns is simple. It's the same reason they are soft on crime.

    You see, by and large the demographic groups that commit most of the crimes are also very heavily Democrat. Democrats are very sensitive to their constituents. They want to keep the sons (and daughters) of their loyal voters out of prison. They also want to make it easier for them to 'make a living' (by robbing and stealing.) Keeps their supporters happy.
    By Reason @ 10/01/09 11:20:39 PMreport abuse
  • Wait for it
    I think Justice Scalia (author of the majority opinion in the Heller decision) is salivating in anticipation of writing the majority opinion in this case. I expect a 5-4 decision, i.e. a decision that is just narrow enough to get five votes for it, which incorporates the 2nd Amendment under the Privileges and Immunities clause of the 14th Amendment.

    Then I expect to see, and smell, lots of dirty britches among the gun control crowd.
    By Anonymous @ 10/01/09 08:35:20 PMreport abuse
  • Joyce....
    Like a hunter, we'd all better be watching in all directions at all times or we might become the hunted, instead of the hunter. Keep your eyes and ears peeled. Joyce, you and Butt Neckid are my favorite Boortz Bloggers. Nomatter what you might think of me. Ya'll are great!
    By Big Joe Williams @ 10/01/09 04:35:56 PMreport abuse
  • stirring the pot here
    Since we know how this administration LOVES to distract us, could this be used as a distraction from health care?

    just saying
    By Joyce M/Blythe @ 10/01/09 02:50:25 PMreport abuse
  • Jimmy is pushing your buttons
    Nobody is as stupid as Jimmy. He's only saying that stuff to push our buttons. By the way. I'm a collector and have A LOT of guns. My next addition will be the 50BMG. Maybe I could take Jimmy shooting sometime.
    By Chris @ 10/01/09 01:21:38 PMreport abuse
  • @Junie
    Debunked:

    http://www.snopes.com/politics/guns/taxreturns.asp

    BTW, all my firearms are registered and have been for almost half a century.

    @Dolan:

    I could use my firearms to put meat on the table but I don't.

    I've not pointed a firearm at another human being since 1968. I was in a swamp in southeast hell at the time. Haven't had the need to do it since. But if it comes down to it, I have the will, the training, the experience and the means to defend my family, myself and my property.
    By Jubilation T Cornpone @ 10/01/09 01:08:31 PMreport abuse
  • 2nd Amendment
    I just heard two Deans of law schools here on the West coast talking about the new case in Chicago, and they both agreed that the court will most likely decide to make a ruling (5-4 by the same justices voting) that the 2nd amendment extends to the state as well as the federal level, which would overturn any gun bans. The only change in the court was Sotomayor for Souter, which was essentially a liberal dissenter for another liberal dissenter.

    It is unclear yet whether they will also rule on "restrictions" to the 2nd amendment, such as a restriction on the type of guns or ammunition allowed.
    By Abe @ 10/01/09 12:41:30 PMreport abuse
  • I can't believe
    That we continue to even have this debate. It's in the bill of rights! What is it about guns that you liberals don't want any one to have? If you don't like them, then don't buy one. You can thank me later for saving your hide. Everytime gun bans go into effect, the deaths by guns goes up. That has happened in England, in Wash DC, in Chicago.

    There is no sense in your opposition. Explain it to me. WHY are you against law abiding citizens to have guns?
    By Joyce M/Blythe @ 10/01/09 12:29:42 PMreport abuse
  • @ shuttin down
    In case you are serious I recommend using #4 shot lead not steel inside of building. Buckshot and slugs have a greater chance of penetrating walls etc. Birdshot is usless at anything other than point blank range
    By Bill @ 10/01/09 12:19:56 PMreport abuse
  • @Jimmy Dolan
    Next time, engage brain before posting. You are clearly a moron.
    By $mooth Operator @ 10/01/09 12:13:39 PMreport abuse
  • Urban Legend...
    Senate Bill SB-2099

    http://urbanlegends.about.com/library/weekly/aa091900a.htm
    By Bree @ 10/01/09 12:04:38 PMreport abuse
  • Gun Rights
    I keep my handgun to defend my family, my property and myself. I keep my rifles to defend my rights. The fed is poking a sharp stick at the Wolverine and if they are not carefull they are going to get their man parts ripped off.
    III%
    By Grenadier1 @ 10/01/09 11:49:28 AMreport abuse
  • The Supremacy Clause
    @ Mike W.

    I fear that you are absolutely correct. However, it ought not matter what the Illinois State Constitution says...

    Article VI, 2nd Clause, states, "This Constitution... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

    Pursuant to Article V of the Constitution, the Amendments of the Bill of Rights are, "valid to all Intents and Purposes, as Part of [the] Constitution". As such, "the Judges in every State shall be bound [by the Second Amendment], any Thing in the Constitution or laws of any State to the Contrary notwithstanding."


    http://www.archives.gov/exhibits/charters/constitution_transcript.html
    By C.Moore @ 10/01/09 11:39:54 AMreport abuse
  • Gun Control
    I am a Navy veteran. I don't hunt but support those that chose to do so. I own everything from .22's to a 50BMG. To those that say that we don't need guns in society I remind them of Suzanna Hupp, who by following the law saw her parents brutally murdered before her eyes, along with many others that fatefull day in October 1991. Gun control is not about hunting, its about protecting the citizens from those in legislation that only wish to seize more power from the citizens they mockingly say they serve. Its all about power, and the power to deffend one's own life scares the government more than anything else.
    By Jared @ 10/01/09 11:32:46 AMreport abuse
  • Isn't it ironic...
    that this is happening whilst we are starting to hear about forced vaccinations and while our economy is so close to collapsing? Just something to get you thinking this morning.
    By Ivan @ 10/01/09 11:25:21 AMreport abuse
  • "I will disarm America!" - Barack Obama
    Barack Hussein Obama, the radical muslim, anti-American, communist who hangs out with terrorists told an anti-American leftist group that he will disarm America. This will never happen. He could only disarm law-abiding, tax-paying Americans. The criminals, street gang members, mafias, drug-runners,etc. will never have their guns seized from them because they never pay any taxes. There are no tax returns for those people.

    Barack Hussein Obama's occupation of OUR White House is nothing more than a very well coordinated terrorist attack on the United States. He's attacking everybody's business and industry, he's intentionally bankrupting the U.S., he's trying to FORCE Americans into a death-wish healthcare system, his gustapo is constantly harrassing and intimidating Americans, and now he wants your guns! What a guy! He thinks we're nothing more than his slaves.

    Hey Obama, where's the birth certificate?
    By Big Joe Williams @ 10/01/09 11:21:27 AMreport abuse
  • @Junie
    That was an older bill that has fallen by the way side for all intents and purposes. Furthermore, the information passed along with it was incorrect and labeled as rumor.
    You can believe the NRA was all over that in any case.
    By JoeShmoe @ 10/01/09 11:17:43 AMreport abuse
  • Guns, Guts & God.
    AMEMNDMENT II of the United States Constitution:

    "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"

    Could someone please tell me just what part of "shall not be infringed" do these numbnutts not understand? Anyone?

    The RIGHT to keep and bear arms isn't even debateable. It's been our GOD-given right for 233 years. Only traitors, communists, socialists, facists, and anti-Americans would want to take the guns away from law-abiding, tax-paying Americans.

    Period. End of story.
    By Big Joe Williams @ 10/01/09 11:09:32 AMreport abuse
  • Mr. Dolan
    writes "The only people who use guns are hicks that cant find the grocery store, paranoid freaks who think the government or martians are going to get them, or crazy people who commit crimes. End of story."
    By Jimmy Dolan @ 10/01/09 08:34:07 AM

    I use guns.
    I am not a hick and can find my way to any grocery store I wish.
    I am not a paranoid freak nor afraid of any martians.
    As for government, I'm not so sure given the latest.
    You didn't specify if the criminals were using guns to commit crimes but if that was your intent I would bet you a case of Sam Adams the vast majority would be of liberal ilk.

    I keep my guns and ammo for three reasons
    1)To protect myself from others that would use guns for no good.
    2)To protect my family and poperty from those that would use guns for no good.
    3)To provide sustinance for me and my family should the need arise.

    End of story.
    By JoeShmoe @ 10/01/09 11:05:05 AMreport abuse
  • SCOTUS
    Neal, you don't know how right you are. This is Illinois not the District of Columbia. The 1970 Illinois State Constitution in Article 1 Section 22 reads: Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. The Supremes will take that article in conjunction with the powers granted by the Illinois State Constitutions in Article 7's "Home Rule Powers" provision and not only uphold Chicago gun laws but will strengthen them. This is the wrong case in the wrong state to bring before SCOTUS. The irony of this case will be when the Supremes use the 10th Amendment in the Federal Constitution to rule that the people of Illinois consented to local and state gun control laws when they ratified the 1970 State Constitution. Mike W. Franklin, IL.
    By Mike W. @ 10/01/09 11:04:25 AMreport abuse
  • Hey Jimmy Dolan
    I'm in a quandary here.
    For home defense -- birdshot or buckshot?
    I hear pros and cons for both.
    Whattya think?
    By shuttin down @ 10/01/09 10:38:50 AMreport abuse
  • Lil' Jimmy
    The 2nd Amendment was written for 2 purposes. To arm myself against a tyrannical Government, and to protect myself from liberal dregs like you
    By booger @ 10/01/09 10:31:08 AMreport abuse
  • Assault on 2nd Amendment everywhere
    Is anyone familiar with Senate Bill SB-2099? This bill will only become public knowledge 30 days after the new law becomes effective. It is an amendment to the Internal Revenue Act of 1986. The full text is on the US Senate home page. Search by bill #. It is Blair Holt's Firearm Licensing and Record of Sale Act of 2009. You will report all firearms on your 2009 tax return or become a criminal if you don't. Does it seem to anyone else that Obama is coming after guns belonging to private citizens, from every angle. What was the first thing Hitlet did?
    By Junie @ 10/01/09 10:15:13 AMreport abuse
  • jimmy dolan
    Jimmy I am a former marine nco, Nra master class shooter, member of the Fifty cal shooters assn. etc. How I would like to personally enlighten you about your twisted history and you pathetic attitude in general.
    I think the whole 2nd ammendment issue to the left is an armed society frightens them to the point they have to play nice with others.
    Semper Fi
    By Greg @ 10/01/09 09:58:08 AMreport abuse
  • Bill of Rights
    Over a states constitution! No state has the right to interfere in ANY of the rights guaranteed in the Bill of Rights. On any other issue, then it is the states - with the consent of it's people - that take precedence over Federal.
    By Joyce M/Blythe @ 10/01/09 09:47:17 AMreport abuse
  • Jimmy Dolan
    I guess we can add yet another name to the "Troll List"....At least give us a laugh like "Stan's #1 Fan" before you run off to your next trolling assignment.
    By Troll Hater @ 10/01/09 09:40:51 AMreport abuse
  • Doesn't apply?
    "They will also think that the 2nd amendment applies today."

    Only a leftist could make a statement as stupid at this. If the Second Amendment doesn't apply, then the Constitution doesn't apply.
    By MeFein @ 10/01/09 09:37:22 AMreport abuse
  • Gun Laws
    Why would gun control be a Local or State issue?
    It’s in the Constitution and to me it seems like a National Guarantee.
    Amendment 2 - Right to Bear Arms; "the right of the people to keep and bear Arms, shall not be infringed."



    If the Bill of Rights is surpassed by state and local laws & regulations, then they don't matter!

    If they don't protect the people then they don't matter!

    We have no;

    Religion, Speech, Press, Assembly, Petition/ Right to Bear Arms/ Quartering of Troops/ Search and Seizure/ Grand Jury, Double Jeopardy, Self-Incrimination, Due Process/ Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel/ Common Law Suits - Jury Trial/ Excess Bail or Fines, Cruel and Unusual Punishment/ Non-Enumerated Rights/ Rights Reserved to States/ Rights Reserved to States.

    Then what is separation of powers?

    I am for the separation of powers except what’s in the Constitution, because the states had to approve all Amendments to the Constitution.

    If the Senators were chosen by the State Legislatures then the states would be protected; the 17th Amendment is Unconstitutional.

    Why would we need the 14th Amendment to enforce the Bill of Rights or to pick and choose which part of the Bill of Rights should be implemented?
    By Michael Webb @ 10/01/09 09:19:38 AMreport abuse
  • Second Amendment
    Anyone who thinks that the Second Amendment *grants* power to government simply can't parse an english sentence. What part of "shall not be infringed" don't they understand? I blame government schools.
    By MeFein @ 10/01/09 09:17:26 AMreport abuse
  • Gun Rights
    Obama sits there rubbing his hands together, waiting for Scalia or Thomas to croak. He wants to shred the Constitution so bad he can taste it, and the sure way to do that is via the bench.
    By Randy @ 10/01/09 09:06:37 AMreport abuse
  • Gun Laws - States
    While the 10th Amendment states that 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, AND since the 2nd Amendment specifically states "the right of the people to keep and bear arms shall not be infringed", I don't see how the Court could rule otherwise except for ideological bias. The Court better be careful, if they don't keep these morons in Congress "in check", they will leave the people of this country no other alternative but to revolt.
    By Colin @ 10/01/09 08:41:39 AMreport abuse
  • Wait...
    So if the second amendment only applies to federal land, then the that goes the same for the rest of them?

    So my home state could pass a law banning free speech and that would not be unconstitutional?
    By Raymond @ 10/01/09 08:36:21 AMreport abuse
  • Ban all guns
    Of course republicans want more federal control over guns. Why let the states have any power? They will also think that the 2nd amendment applies today. Of course when the founding fathers were taking breaks from raping their slaves, they dreamed of freedom for everyone but their slaves, and also said, "hey, these muskets that take 10 minutes to load a single bullet will definitely EVOLVE into rpgs, machine guns, and humongous bullets."

    The only people who use guns are hicks that cant find the grocery store, paranoid freaks who think the government or martians are going to get them, or crazy people who commit crimes. End of story
    By Jimmy Dolan @ 10/01/09 08:34:07 AMreport abuse
  • As much as I hate to say this
    the Illinois Constitution states very clearly "SECTION 22. RIGHT TO ARMS Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."

    And Chicago being the "police power" that it is, I dont see this going well. While the U.S. Constitution limits Federal power, it grants deference to the states. That is an important point to remember.
    By Jusjon @ 10/01/09 08:27:32 AMreport abuse
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