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Do state trump Bill of Rights on firearms?
WorldNetDaily ^

Posted on 09/20/2002 6:31:53 AM PDT by The Unnamed Chick

The right of individuals to keep and bear arms may have some validity on the federal level, but states have a right to regulate and ban firearm ownership among the people, says California Attorney General Bill Lockyer.

In a letter sent earlier this month to David Codrea, co-founder of Citizens of America, a California-based gun-rights organization, Lockyer said that while his duty is to enforce the laws of his state and the nation, "the responsibilities of my office do not permit me to independently interpret the state and federal Constitutions or the statutes written pursuant to those Constitutions."

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=29009

(Excerpt) Read more at worldnetdaily.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: banglist
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To: Roscoe
The Bill of Rights was enacted for the purpose of declaring already understood limitations on the powers the Constitution granted to the federal goverment.

Illogical.
The BOR's only mentioned the federal congress in the 1st, -- all other amendments were written as general edicts that were binding on the states as well as the federal govermment. Indeed, one argument made before ratification was that the BOR's would lay a general foundation for basic individual rights in ALL states, new & existing.

States don't derive their powers from the United States Constitution, the Constitution is their delegation of enumerated powers to the federal government.

Both state and federal governments derive their powers from the people.
It is thus ludicrous to claim that states have been delegated 'powers' to award powers to another form of government. Only people have the right to delegate basic powers.

States have no 'rights'.

261 posted on 09/20/2002 8:45:48 PM PDT by tpaine
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To: El Gato
Here is a 1996 California case in the 9th Circuit Court of Appeals - that rules that an individual has no right to a firearm--

Hickman v. Block

Quote from case --" The Second Amendment to the United States Constitution states: "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." U.S. Const. amend. II. Hickman argues that the Second Amendment requires the states to regulate gun ownership and use in a "reasonable" manner. The question presented at the threshold of Hickman's appeal is whether the Second Amendment confers upon individual citizens standing to enforce the right to keep and bear arms. We follow our sister circuits in holding that the Second Amendment is a right held by the states, and does not protect the possession of a weapon by a private citizen. We conclude that Hickman can show no legal injury, and therefore lacks standing to bring this action."

We all need to study the court cases to realize what the judges are doing to us.

262 posted on 09/20/2002 9:03:01 PM PDT by gatex
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To: gatex
The courts have no real power to enforce such obviously unconstitutional edicts as Hickman v Block.

When, & if, elected officals and law enforcement agencys attempt to implement such 'law', they will be violating their oaths to protect & defend the constitution. Unintended consequenses may arise. Let us hope that they rely on using common sense, instead of legal bull.
263 posted on 09/20/2002 9:18:13 PM PDT by tpaine
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To: Senator Pardek

Viva Le Dissention: States have a right to prevent people from bearing arms. Period. 62

Unfortunately you are correct, and what you are saying is going over everyone's head.

States don't have rights. It's important to get the basics correct first.

264 posted on 09/20/2002 9:21:50 PM PDT by Zon
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To: Zon; yall
Ain't it amazing? A conservative forum dedicated to restoring the constituional principles of a free republic. -- And half the members on this thread are arguing that:

"States have a right to prevent people from bearing arms. Period."

>>>>>FReeking Mindboggleing<<<<<
265 posted on 09/20/2002 9:34:10 PM PDT by tpaine
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To: TC Rider
"They ruled not."

Wrong. They ruled that there was no "judicial notice" that such a weapon was "usefull" as a weapon of the militia. Big difference.

BTW, it is interesting that one of the justices later acknowledged the use by himself of just such a weapon when in the service of his country in WWI.

266 posted on 09/20/2002 9:42:24 PM PDT by wcbtinman
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To: tpaine
"..they will be violating their oaths to protect & defend the constitution..."

Some probably agree with Sarah Brady that the Second Amendment is "an anachronism." -- They probably didn't meam their oath to defend the Constituion -- they really intend to attack the Constitution.

267 posted on 09/20/2002 9:44:13 PM PDT by gatex
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To: Roscoe
This is a serious thread regarding the 2nd Amendment to the Bill of Rights, it's application to the States, and the truth behind comments made by the CA AG.

I said, " All of the quotes you've presented here have been cut to be limited in extent to logically justify any rule, including the present govm't of Iraq." I gave as an example your cut fron Locke:

"And thus, that which begins and actually constitutes any political society is nothing but the consent of any number of freemen capable of majority, to unite and incorporate into such a society. And this is that, and that only, which did or could give beginning to any lawful government in the world.-- John Locke"

Now, I elaborated on meaning back in #189 . The use of the word mob was per Webster: "a group of people : crowd syn see crowd", plus the additional concerns of that group given in #189. Posting popular, imprecise meanings of terms, given accurate descriptive meaning in the post, muddles up the whole thread.

This quote from Locke is simply a statement that a majority group that begins and/or constitutes a political society is all that is needed for lawful government. Locke is also quite inclusive, he uses the word, "any", to include all possibilities. I originally asked, "Is the govm't of Iraq a just form of govm't, or is it simply justified, because it was established and controlled by an effective majority of freemen and thus, according to Locke, lawful?"

The United States was not created with such limited concerns as Locke's majority group to declare itself lawful. In fact the group that rebelled against England was a minority. The founders, a minority from the several States, commented and made claims regarding rights and justifications for the goverment they created. They placed limits on the power govm't could exert. Some of those limits were expressed explicitely in the Bill of Rights.

The point of my original question was to illustrate that simple lawfulness, does not constitute right, or proper claim as just and fair. Simple exercise of majority rule w/o regard for the principles of truth, Freedom and individual rights is simply rule by a group with its own arbitrary motivations.

268 posted on 09/20/2002 9:52:04 PM PDT by spunkets
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To: Senator Pardek
"If the Founding Fathers had a blind spot..."

Franklin said roughly, "We did our best, now it's up to the future. Now let's go, or we'll never get outta here."

269 posted on 09/20/2002 10:02:11 PM PDT by spunkets
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To: gatex; yall; Texasforever; Roscoe
Exactly. The political change on this forum in four years is incredible.
Even the most rabid 'states rights' dingbat back in '98 would not dare admit that he was against the 2nd amendment. Finally about a year or two ago, some of the weirder anti-constitutionalists here, like roscoe & texasforever, started admitting that states could prohibit guns, in their political view.

The gates seemed to open, and now there may be hundreds of these strange people running about FR.

I just don't get it. Why is it OK for a state take away an individuals right to self defense?

270 posted on 09/20/2002 10:03:10 PM PDT by tpaine
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To: tpaine

When, & if, elected officals and law enforcement agencys attempt to implement such 'law', they will be violating their oaths to protect & defend the constitution. Unintended consequenses may arise.

You've probably heard the phrase, "truth always outlives a lie". I like to rephrase that to, "honesty outlives a lie". That's said, consider the dot-com bubble burst of 2000.  Dozens of dot-com companies with PE ratios at 80 to 1 despite never showing a profit in any quarter were destined to crash. Some "lies" are bigger than others. It's generally a fact that the bigger the "lie" the harder the crash when honesty eventually illuminates the environment for what it is and what it is not.

Now consider the plethora unjust laws and illusions that have been foisted on the people depicting the government to be just about everything but what it is supposed to be -- not to mention that almost every high-ranking government official has violated their oath of office.

The fraudulent house of cards is on the verge of collapse. Considering the leviathan-government lie, the crash will be proportionate. People get desperate when the economy and markets tank. Especially when stock markets, real estate markets and job markets lose massive value -- trillions of dollars and jobs.

We live in a different age than the 1930's great depression. This time around governments will be illuminated as the problem and business/science/technology advancement the solution. It's well into the preliminary stage on the Internet. No status quo external authority is announcing this. Rather, millions of individuals around the world are beginning to make similar assessments via the internal authority of their own thinking/integrating processes.

Unintended consequences is honesty illuminating the lie.

271 posted on 09/20/2002 10:18:33 PM PDT by Zon
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To: tpaine
Well, consider this: most people are disinterested in such issues as discussed on this forum. So what or who does this forum attract? Consider the two ends of the spectrum. Competing ideas of people that have a vested interest in the status quo versus free thinking people grounded in a handful of basic/fundamental principles.

I have noticed over the years a somewhat steady increase in the number of people clamoring for the status quo. They are trying to drown out the competition. They're losing and the increase is a reflection of that. Yet what is it that we are winning? What does the future look like?

272 posted on 09/20/2002 10:28:18 PM PDT by Zon
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To: Zon
States don't have rights. It's important to get the basics correct first.

Cut the crap - you're mistaking me for the other ignorant hillbillies around here.

If the SC says you can't own a pop gun, it's the law.

273 posted on 09/20/2002 10:31:54 PM PDT by Senator Pardek
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To: tpaine
Why is it OK for a state take away an individuals right to self defense?

Because the SC says so (or because it has never been asked to rule otherwise).

Wake up.

274 posted on 09/20/2002 10:36:22 PM PDT by Senator Pardek
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To: Senator Pardek

Viva Le Dissention: States have a right to prevent people from bearing arms. Period. 62

Senator Pardek: Unfortunately you are correct, and what you are saying is going over everyone's head. 256

Zon: States don't have rights. It's important to get the basics correct first.

Cut the crap - you're mistaking me for the other ignorant hillbillies around here.

No crap. Just a fact. States don't have rights. That's basic, IMO. Do you agree?

275 posted on 09/20/2002 10:44:47 PM PDT by Zon
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To: Zon
Are you prepared to tell me that if the SC rules that people with names that end with an "N" can own firearms (and no one else), it would be illegal?

Would you petition to thbe UN for a new look? LOL!

276 posted on 09/20/2002 10:47:44 PM PDT by Senator Pardek
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To: Senator Pardek
You tell me to wake up, that a supreme court ruling trumps the plain words of the constitution on the 2nd?
You are asleep to your own inalienable rights 'pardek'. Hard to find a bigger snoozer then that. Whatta joke.
277 posted on 09/20/2002 10:57:12 PM PDT by tpaine
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To: gatex
Here is a 1996 California case in the 9th Circuit Court of Appeals - that rules that an individual has no right to a firearm--... We follow our sister circuits in holding that the Second Amendment is a right held by the states, and does not protect the possession of a weapon by a private citizen

Ah yes, the 9th Circuit, the wackest and most overturned of all the Federal Circuit Courts of Appeals. While demolishing the collective, militia or "National Guard" "rights" interpretation of the second ammendment, The fifth circuit had this to say in Emerson

There is no evidence in the text of the Second Amendment, or any other part of the Constitution, that the words "the people" have a different connotation within the Second Amendment than when employed elsewhere in the Constitution. In fact, the text of the Constitution, as a whole, strongly suggests that the words "the people" have precisely the same meaning within the Second Amendment as without. And, as used throughout the Constitution, "the people" have "rights" and "powers," but federal and state governments only have "powers" or "authority", never "rights."

and

The plain meaning of the right of the people to keep arms is that it is an individual, rather than a collective, right and is not limited to keeping arms while engaged in active military service or as a member of a select militia such as the National Guard

and finally

We reject the collective rights and sophisticated collective rights models for interpreting the Second Amendment. We hold, consistent with Miller, that it protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms, such as the pistol involved here, that are suitable as personal, individual weapons...

278 posted on 09/20/2002 11:01:39 PM PDT by El Gato
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To: tpaine
If the SC rules that it is legal for fedgov to search your house for handguns at any time with no proof of wrong doing, where ya gonna go for legal relief?

You've been watching too many Mel Gibson movies.

279 posted on 09/20/2002 11:03:14 PM PDT by Senator Pardek
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To: Senator Pardek
If the SC says you can't own a pop gun, it's the law.

Be that as it may, it's a moot point, because they haven't said that, ever. They have allowed some very narrow restrictions on the RKBA, such as those apllicable to convicted felons.

280 posted on 09/20/2002 11:07:02 PM PDT by El Gato
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