September 15, 2013
In an unusually forceful and straightforward opinion(PDF) in the case of People v. Aguilar, the Supreme Court of Illinois unanimously held that the state’s “comprehensive ban” on the “use of an operable firearm for self-defense outside the home” is invalid on its face under the Second Amendment. The NRA had participated in the case with an amicus brief.
The court surveyed the Supreme Court’s recent Second Amendment decisions, as well as state and federal precedents from courts in Illinois. Regarding the significance of the Supreme Court’s opinions, it declared: “neither Heller norMcDonald expressly limits the second amendment’s protections to the home. On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home.” It also characterized the Illinois law as “a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution….” According to the court, “In no other context would we permit this, and we will not permit it here either.”
While the court noted that “we are in no way saying that such a right is unlimited or is not subject to meaningful regulation,” it did not condition its holding on any further action by the legislature. It noted Illinois’ recently-enacted Firearm Concealed Carry Act only in passing, stating that it was not “at issue in this case.”
Invoking precedents from two federal appellate courts, the Illinois Supreme Court also held that the state’s general ban on the possession of concealable firearms by minors does not run afoul of the Second Amendment. Notably, one of the cases upon which the court relied for this portion of the opinion was National Rifle Ass’n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms [&] Explosives, which upheld a federal prohibition on the sale of handguns by federally licensed dealers to adults aged 18 to 20. The NRA has recently filed a brief asking the U.S. Supreme Court to review that decision. Twenty-two state attorneys general also filed a brief in support of NRA’s efforts in that case.
While residents of Illinois eagerly await implementation of the state’s new concealed carry licensing process, they can rest assured that under controlling precedent in both state and federal courts, their right to bear arms in self-defense is not a “privilege” bestowed upon them by the legislature but a fundamental right the state and its localities are bound to respect.
So there … Doesn’t by now everybody know citizens with gins is a good thing for everyone but the criminals crooks. It’s just common sense. Use yours are loose it.
August 9, 2013
A NEW SECOND AMENDMENT DOCUMENTARY: INFRINGED: Second Amendment in the Crosshairs.
Dave Hardy likes it.
July 18, 2013
DAVE KOPEL: Successes In Colorado Sheriffs’ Second Amendment Case.
ROGER KIMBALL: Weaponizing The Acronyms That Rule Us.
Read the concept of “semantic infiltration“. It’s a tactic of the left that is worth trying to understand. Being used right now, as it has for decades, by the left. And then you will understand how a common bomb, becomes a weapon of mass destruction, when originally that term was to describe a nuclear bomb, then it added chemical weapons along the way, and now the latest, any common bomb. And the Boston Marathon bombing becomes, “they used a weapon of mass destruction”. See how it works. And the feds actually wrote that in the legal charging documents for the remaining bomber.
And how “stand your ground laws”, or run away laws, which had actually nothing what so ever to do with the Zimmerman trail are now the ’cause celeb’ of the left. Anything to take away your right to act in your own defense. Which has reduced crime more than any other law ever passed … THE LEFT CAN’T HAVE THAT! The public needs BIG NANNY government.
April 10, 2013
If you actually use a gun, the bullets deliver not the magazine. The head is what regulates actions.
Survey suggests law enforcement united against gun control.
“Almost 96 percent said that a ban on standard capacity magazines would not reduce violent crime.”
But liberals never seek to use their heads … guns running down the street, spraying bullets everywhere, like they are seltzer bottles. Gun does nothing the operator does not warrant.
Not sure we shouldn’t muzzle the high capacity quacks though. I bet that would fix several problems in their make believe world of ground up unicorns and pixie dust fueled world. Maybe a dose of science would help also.
March 20, 2013
Ted Cruz got her Constitutional goat … And you know what happens then? She has been there studying the Constitution for 20 years, ya know.
Not to give me a vote on this would be a major betrayal of trust, as I would see it,” Feinstein said.
Somebody throw a bucket of water on this witch.
March 19, 2013
Economist and author of “At The Brink”, John Lott Jr., joined ‘Wilkow!‘ Monday to discuss crime in the states with the strictest gun laws, the threats such laws pose to citizens employed by gun manufacturers, and the economic impact along with other negative side effects these gun laws are having at home.
Must watch Video here …
March 7, 2013
More and more people seeing the development of the police state. The larger it grows, the easier it is to see.
BUT WHO WILL STAND TO OPPOSE THE OPPRESSORS?
With each passing day of President Obama’s second term he continues to consolidate power and undermine any notion of conventional democratic governing norms.
Not only did Obama make history as the first black president, he made history by winning a second term despite less than optimal polling numbers, divisive tactics, failed policies, an abysmal economy with high unemployment and gas prices, and breaches of promises to the American people. Today he continues taking his campaign to the next level, further demonizing the GOP in the hopes of winning back the House in 2014. Americans from both sides of the aisle must begin to pay attention to the incremental power shifts occurring in the federal government.
While many Americans feared an Obama unleashed, most were not anticipating the federal government arming itself with massive amounts of ammunition (reportedly 1.6 billion bullets) while at the same time threatening the Second Amendment rights of ordinary citizens. Americans were not contemplating that, in the face of the sequestration’s implementation forcing the scaling down of our military despite imminent dangers and the simultaneous push for Global Zero, the Obama administration would purchase almost 3000 Mine Resistant Armor Protected Vehicles (MRAPs) for domestic use.
Read more at americanthinker.com …
March 6, 2013
Our Civil Rights, our 2nd Amendment, is right on target as is, it prevents government tyranny. So how do we effect that change???
By buying more government tanks and bullets? We already learned what an out of control federal government can do.
Waco government tanks
“The challenge is to find ways to reassure devoted gun advocates that they are not in jeopardy from their elected and appointed officials.”
The challenge for this generation of Americans is to address not only our own fears by curbing access to guns, but also to reassure the country’s most devoted gun advocates that their government is not after them.
Right. Tell it to the Davidians. Or maybe the thousands of victims of Fast and Furious. I’ll clue you in on a dead certainty, Dallek — WE AIN’T GONNA CHANGE. So back up out of our faces before somebody gets hurt. Either that or have the courage of your “convictions” and get busy killing us. Those are the only two options open to you hot-house warblers of citizen disarmament. Deal with it.
March 6, 2013
Hah, some Constitutional scholar are we … I assume he is relating his experience as a Indonesian ciizen, when he makes these outrageous distinction, where only government knuckle draggers like they do in Venezuela have the guns.
I once flew into Iran, for a sales call with the Shah, where you were met at the airplane unload ramp with their armed government knuckle draggers. And you have no idea what you feel like when that happens.
Lott writes ..
In his new book, At the Brink, economist and author John Lott Jr., assesses the presidency of Barack Obama and recalls conversations regarding gun laws they had while working at the University of Chicago.
In Chapter Three, Mr. Lott discusses gun-control and takes the reader back to his time at the University of Chicago, where he and then-professor Barack Obama spoke on numerous occasions about guns in America.
“I don’t believe people should be able to own guns,” Obama told Lott one day at the University of Chicago Law School.
Lott explains that he first met Obama shortly after completing his research on concealed handgun laws and crime.
“He did not come across as a moderate who wanted to bring people together,” Lott writes.
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