2nd amendment and citywide bans

Discussion in 'Current Events' started by SmarterThanYou, May 11, 2005.

  1. SmarterThanYou
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    how constitutional is it? I found this earlier...

    "[Persons] who are recognized as citizens in any one state of the Union [have] the right to enter every other state, whenever they pleased... full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to keep and carry arms wherever they went." - US Supreme Court case Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857)

    Now, i'm not the best web searcher around but was this overturned anywhere and an actual law that was constitutionally upheld that allowed cities or states to not allow a person to carry arms?
     
  2. 5stringJeff
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    5stringJeff Senior Member

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    It has been the position of many Attorneys General and/or federal justices that the 2nd Amendment does not, in fact, guarantee an individual right to own firearms, the words of the amendment notwithstanding. So I don't think there has ever been a clear court ruling that states that individuals have teh right ot bear arms. Such a ruling would certainly be used to strike down the current handgun bans in different local governments.
     
  3. Hobbit
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    Most people interperet it as a right to own firearms. What's unclear is what kinds may you have and where may you carry them. Some people thinks it means you should be allowed to tuck an MAC 10 into your pocket and take it on a plane. Some people think it means you should only be allowed ONE low powered .22 caliber target rifle that must always remain in full view at all times and may only be loaded if currently on a target range.
     
  4. insein
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    insein Senior Member

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    It should treated like the old west. You can carry any wepaon you like, but a private business owner reserves the right to ask you to remove your weapon upon entering his premises for business. You have the right to refuse but then he has the right to refuse your entry.

    In public, anyone should be able to carry any weapon they choose. the idea is to protect yourselves from government. The government cant tell you that you cant bear arms. That was whole point of the 2nd ammendment. The right to bear arms is the right to defend yourself from an oppressive government. Why do you think they always try to find a way to skirt this ammendment with unconstitutional laws.
     
  5. SmarterThanYou
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    is it then unconstitutional for a state like illinois to prohibit concealed or open carry weapons?
     
  6. insein
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    insein Senior Member

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    IMO, yes it is. A state has its own rights but they cant supercede those of the constitution.
     
  7. SmarterThanYou
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    I take it that the NRA just hasn't gotten around to challenging these to the supreme court yet.
     
  8. 5stringJeff
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    5stringJeff Senior Member

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    The NRA prefers to work through the legislative branch... you know, the one that supposed to make the laws! :D
     
  9. archangel
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    This is exactly why I love living in Nevada a State that recognizes constitutional rights...Anyone with a clean record can apply for a concealed weapons permit..if they are former law enforcement they will be granted this permit..if not they only have to take and pass a weapons course that is certified...This is how it should be in all States...
     

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