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Originally Posted by Ustwo
Do you say the same thing when cities try to pass anti-gun laws, or don't let you carry a knife? I'm glad to see you are not a revisionist.
Reguardless, nice try on the bill, but its a waste of time. They would have to get very creative to make it work and not be unconstitutional.
Perhaps mandatory 5 year prison sentances for illegals would do it  |
Try and read that document sometimes, Dub. Cities passing anti-gun laws are specifically enumerated in the constitution itself.
The Second Amendment:
"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."
'the people' are the collective of the state.
It applies to the Federal Government only. It has been repeatedly affirmed through the Supreme Court that the Second Ammendment is meant to keep the regulation of firearms to the state and local level. NOT that the possession thereof is an inalienable right.
U.S. Supreme Court rulings:
United States v. Cruikshank (1876)- States and local government may enact their own gun control laws. The 2nd only forbids the Congress from infringing gun rights.
Presser v. Illinois (1886)- Reaffirmed the states rights to control guns.
United States v. Miller (1939)- Decided individuals have no right to arms under the amendment. But "some reasonable relationship to the preservation or efficiency of a well-regulated militia."
As per repeated interpretation of the amendment, State and local control action is fine. The Second Amendment only applies to the Federal Legislature.
This was done to keep the states with a degree of independence, and protection from a federal government that could turn into a dictator.
Also:
Morton Grove, Illinois, passed similar law banning handguns from the general populace in the 1980's. The town was sued on Second Amendment grounds and the Illinois Supreme Court and the U.S. 7th Circuit Court of Appeals ruled that the ordinance WAS valid, and that there was no individual right to keep and bear arms under the Second Amendment. In October 1983, the SCOTUS turned down the appeal to hear on this ruling. They allowed the lower court rulings to stand.
Not that I would ever WANT my state or locality to ban handguns in and of themselves. But the fact of the matter is, the constitution allows it.