Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Lurker
Here is the decision:
http://www.ca7.uscourts.gov/tmp/NY10P0BS.pdf

Interesting excerpts:
The right to “bear” as distinct from the right to “keep” arms is unlikely to refer to the home. To speak of “bearing” arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.

Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk in a rough neighborhood than in his apartment on the 35th floor of the Park Tower.

To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald. It is not a property right—a right to kill a houseguest who in a fit of aesthetic fury tries to slash your copy of Norman Rockwell’s painting Santa with Elves. That is not self-defense, and this case like Heller and McDonald is just about self-defense.

Moreover, there is no reason to expect Illinois to impose minimal permit restrictions on carriage of guns outside the home, for obviously this is not a state that has a strong pro-gun culture, unlike the states that began allowing concealed carriage before Heller and MacDonald enlarged the scope of Second Amendment rights.

A person who carries a gun in public but is not well trained in the use of firearms is a menace to himself and others.

8 posted on 12/11/2012 3:34:09 PM PST by aimhigh ( Guns do not kill people. Planned Parenthood kills people.)
[ Post Reply | Private Reply | To 5 | View Replies ]


To: aimhigh

Like I said, the decision is beautiful. And believe it or not, Illinois has a vey strong gun culture. Take a look at the number of gun makers in Illinois sometime.


10 posted on 12/11/2012 4:01:16 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: aimhigh
The medieval definitions about "keeping arms" go along with a number of rights ~ to wit, appear in court, report crimes, hold land titles, etc ~ all of these things are privileges granted to nobility and frequently to towns in their charters.

Without those rights you were NOTHING ~ Jews in France, for example, didn't get the right to "keep arms" until the 18th century.

The right to "bear arms" doesn't just mean carry them around in the definitions of that time ~ it means you could serve in an organized military unit, or in the militia, or on your own behalf. Again, this was, at that time, shorthand for a whole string of privileges that denoted rank in the recognized nobility.

French Jews could not carry arms until about the beginning of the last series of battles that made up what we call the French and Indian War. Men named "Israel" started showing up in the ranks of French soldiers!

If you wanted to know what NOT having the right to keep and bear arms was about you could talk to almost any medieval Jew anywhere on Earth.

Today, Jews all over America have the right to keep and bear arms EXCEPT IN NEW YORK CITY.

They are blind to their own servitude and low class existence.

Today is a great day of Jewish liberation in Illinois.

12 posted on 12/11/2012 4:17:40 PM PST by muawiyah
[ Post Reply | Private Reply | To 8 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson