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Old 03-23-2006, 04:20 PM   #105 (permalink)
dksuddeth
Junkie
 
Location: bedford, tx
Quote:
Originally Posted by joshbaumgartner
I guess then the concern is that what if a national ban takes effect not as a sudden bill passed tomorrow, but as a creeping ban, as more and more cities, and then states, pass such bans. Is there a point at which the resistance will get critical mass, or will we be past the point of no return before we realize the problems. If each state truly had control over its national guard or some other form of community level organization could be employed to protect us from the next level up, that may substitute to some degree, but we don't have that, with the Feds having pretty completely consumed the N.G. structure into their own strategic thinking. Our only potential resistance exists within the arms that we as citizens have and possibly our police forces, which one would hope would have more loyalty to their municipalities than to the Federal Gov't.
Actually, about 2/3rds of the states have a state guard that, by law, is not subject to federal draft or orders except in the most extreme of circumstances. In the nature of our discussion my guess is that, depending upon the governor, the state guard and armed civilians would be called upon to fight for the states.

Quote:
Originally Posted by joshbaumgartner
I know I'm short on conclusions in this post, but I do think a lot of these are open items, at least as far as I am concerned personally. I'm apt to let S.F., Chicago, or even states do what they want right now either to ban guns, or to promote responsible gun ownership, as I don't have a ready answer and as stated, at least as far as crime goes, I can't say they won't work, or that they are wrong for trying. I can say that while I don't choose to arm myself today, I am willing to pick up arms if necessary in defense of the Constitution, as I swore long ago, against all enemies foreign and domestic.
Alot of that will play in to just how the second amendment is going to be finally judged. In 1982, the 97th congress concluded that the 2A is an individual right. In 2004, the Attorney General of the US has stated that the 2A is an individual right. All of the circuit courts have had mixed opinions, but to my knowledge, the 5th circuit is the only federal court to unequivocally state that the 2A is an individual right. The US Supreme court has made many decisions but have never come out with a solid answer on whether its an individual or collective. Until the day comes that the USSC makes the determination, it will always be an argument. Even now, the illinois state supreme court came down on the side of being an individual right, with extreme limitations, meaning that localities can ban certain types, but not all guns as that would violate the US constitution as well as the state constitution. The only reason that Mayor Daley has gotten away with banning most all guns in chicago is the 'grandfather' clause. since 98 he has not allowed any registration of new guns which is technically legal, but has also not been challenged yet.

The governments fear of the populace rebelling was never more evident than during clintons years with the demonizing of the 'militia movements'. They found the worst of the lot (meaning those vehemently anti-government) and used their media influence to make all militias sound anti government. Ruby Ridge and Waco were catalysts as well as road bumps in that process.
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