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Thread: Chicago Law Banning Handguns in City Upheld by Court

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by RightinNYC View Post
    Can you show me evidence that the founding fathers intended the Constitution to bind state or local governments?
    They didn't but we fixed that with the Fourteenth Amendment.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by celticlord View Post
    Perhaps not explicitly, but Heller did affirm a fundamental right of the individual to keep and bear arms.

    The Fourteenth Amendment, however, is explicit in requiring the states to respect right elucidated in the US Constitution:



    From Heller we have an assurance the 2nd Amendment confirms the fundamental right to keep and bear arms. From the Fourteenth Amendment we have an assurance the fundamental rights guaranteed by the US Constitution may not be circumscribed by the states.
    Presumably before the 14th amendment you did not have right to bear arms if the state or locality said you didn't, only the feds were retrained. It was between you and your state or locality to decide the matter.

    However post-14th amendment it would seem to be correct that the 2nd amendment retrains states and localities as well.
    "It is written in the eternal constitution that men of intemperate minds cannot be free. Their passions forge their fetters." - Edmund Burke

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Those who give up their freedoms for saftey, deserve to lose them.
    Paraphrased
    -B. Franklin

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Wessexman View Post
    Presumably before the 14th amendment you did not have right to bear arms if the state or locality said you didn't...
    The right to bear arms - as the Founders and American citizenry understood it - predated the Constitution. It was socially evident that the right to keep and bear arms was universal and immutable.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Ethereal View Post
    The right to bear arms - as the Founders and American citizenry understood it - predated the Constitution. It was socially evident that the right to keep and bear arms was universal and immutable.
    But it was not protected in said constitution until the 14th amendment, presumably. Any such rights were between the individuals and their states.
    "It is written in the eternal constitution that men of intemperate minds cannot be free. Their passions forge their fetters." - Edmund Burke

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by celticlord View Post
    Perhaps not explicitly, but Heller did affirm a fundamental right of the individual to keep and bear arms.

    The Fourteenth Amendment, however, is explicit in requiring the states to respect right elucidated in the US Constitution:

    From Heller we have an assurance the 2nd Amendment confirms the fundamental right to keep and bear arms. From the Fourteenth Amendment we have an assurance the fundamental rights guaranteed by the US Constitution may not be circumscribed by the states.
    The only three cases ever to address the question of whether the PI Clause incorporates the 2nd amendment against the states all agreed that it doesn't.

    The PIC argument seems like a loser, from my perspective. I think the better argument is under the due process clause, but even there, I'm not sure it's convincing.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Ethereal View Post
    They didn't but we fixed that with the Fourteenth Amendment.
    The 14th didn't automatically bind the states. It took centuries to selectively incorporate the bill of rights, and the court has refused to incorporate certain provisions. This could go either way.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    This country should arm it self to the teeth.

    "You cannot invade the mainland United States.
    There would be a rifle behind every blade of grass."
    - Admiral Isoroku Yamamoto

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Livebythesword View Post
    This country should arm it self to the teeth.

    "You cannot invade the mainland United States.
    There would be a rifle behind every blade of grass."
    - Admiral Isoroku Yamamoto
    Yea, because when I think of countries with troublingly low firearm:citizen ratios, I think of the US.

    U.S. most armed country with 90 guns per 100 people | Reuters
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Goobieman View Post
    Chicago Law Banning Handguns in City Upheld by Court (Update3) - Bloomberg.com

    Looks like the 2nd amendment is on its way to incorpration against actions by the states.

    Its about time.
    There is so much gun violence in the city that they are trying anything. There are places in the city where they say you can hear gunshots almost hourly. This for the city of Chicago is a big thumbs up. The NRA can go to hell on this one. You don't need handguns and assault weapons in this city. There is nothing here to hunt except people so The NRA needs to back off on this.
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