Hi all,
My first post.... I was just looking at the join dates from all the "interesting" posts above. They range from 2006 to fairly recent. I have been a member of another forum since 2006 and in the firearms issues for many years before that. I am not a big participator in the other forum either but they are like this bunch, concerned about the theft of a natural RTKBA. My time is such that I cannot be on every forum out there, unfortunate but fact. As to the active ongoing cases I think that I am aware of most of them their meanings, goals and implications. I would be happy to be further apprised where I fall short. And I do fall short in many ways. As to the somewhat snide comments above I won't take them personally. Everyone is a little on edge and concerned over the theft of our Constitutionally secured rights by government. Remember I am not stealing your rights. None of us want somebody screwing it up! I am also aware that the 'big boys' don't like the little 'know nuthin' country boys to get in their way.
We (the gun rights movement and culture if you will) are making head way on several fronts in the courts with some good decisions. However my/our (I am not acting completely alone) concern is with the approach being taken by the those who are leading at the state level. It would appear to us that the NRA/ISRA (I am a member in good standing, my Dad a lifer NRA) etc would be happy with a CCW bill that would 'allow' us poor peasant subjects to petition and plead with TPTB to ask for the 'privilege' of exercising a
right endowed by our Creator (or insert whoever or whatever you prefer) to keep and bear an arm (I prefer 'arm(s)' to the limiting term of firearm). How do you really feel about that? Are you folks from the crowd that would prefer to "get your toe in the door?" Are you willing give TPTB your DNA, fingerprints, perform a shooting test, pass a class, jump through hoop after hoop just to exercise a right that you already have?
I am sorry, I don't think I can bring myself to the point where I am willing to do all that to exercise my RTKBA. Now before you start jumping down my throat, you might want to read what our "initiative" is and then think about and realize that I and my friends are not the enemy. Then respond to this little nobody Pike County country boy from the sticks where the hoot owls have to carry daylight in a bucket so they can see.
CONSTITUTIONAL CARRY OF ARMS
WHEREAS: 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;”
WHEREAS: Article 1 Section 24, of the Illinois Constitution states “The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens of the State;”
WHEREAS: the Supreme Court of the United States has held in District of Columbia et al. v. Heller, that the “right to keep and bear arms” is an individual and fundamental right protected by the Second Amendment to the United States Constitution;
AND WHEREAS: the Supreme Court of the United States has held in McDonald et al. v. City of Chicago, Illinois, et al., that the Second Amendment to the United States Constitution applies to the states;
NOW THEREFORE BE IT ENACTED as the law of Pike County, Illinois, that the people have an individual and fundamental right to keep and bear arms free of infringement by any local, state, or federal government; AND FURTHER, that the method or manner of possessing, carrying, or transporting said arms shall not be infringed. THIS ORDINANCE SHALL EXCLUDE: all individuals who are prohibited from possessing firearms under the laws of the United States, prohibited minors, and those under any intoxicating influence exceeding the standards of the Illinois Motor Vehicle Code. Upon passage this ordinance shall be in full force and effect.
I will tear this thing apart for you so you can see the reasoning process used... then I will try to respond to your comments as I get time.
First nothing you find in this ordinance is new......! For an initiative to have legal effect, in other words become an enforceable law, it must have authority either from statute or the constitution (per state law). As you know there is no authorizing statute. Therefore the authorization must come from the Constitution. Keep this in mind.
WHEREAS: 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;”
This first "where as" takes the US 2A as an authority (See Heller and McDonald). Meets the state law requirement. More in a little bit.
WHEREAS: Article 1 Section 24, of the Illinois Constitution states “The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens of the State;”
The second "where as" takes authority from the Illinois Const. Art. 1, Sec 24 Rights Retained. Now rights retained are many and numerous. The un-enumerated rights referred to are natural rights such as right to travel, right procreate, right hold property, the right to self defense, defense of family and friends and property, and you can list natural rights for hours... We, of course claim the RTKBA includes the right to defense of one's self, etc...
WHEREAS: the Supreme Court of the United States has held in District of Columbia et al. v. Heller, that the “right to keep and bear arms” is an individual and fundamental right protected by the Second Amendment to the United States Constitution;
In this case, as you know the key finding is the finding the RKBA is an individual and fundamental right. Now everyone makes comments about "reasonable regulation." Fair enough let's talk about "reasonable regulation."
What is reasonable? Let's look at other natural rights. Free speech- is a natural and fundamental right... now should it be subject to reasonable regulation? Do we need permission from .gov to have this conversation? NO However there is a limit to about any natural right for instance in this case the classic, you cannot yell FIRE! or BOMB! in a crowded auditorium. So a reasonable regulation might be; Do not yell fire in a crowded auditorium when there is no fire.
Free Press... do we need permission of .gov to print speech. NO but there is a natural limit... you cannot print defamatory or libelous talk or lies. A reasonable regulation might be; no libel.
Free exercise of religion..... Do we need permission of .gov to practice our beliefs? NO! However if your "Sun God" 'tells' you to sacrifice your first born you will run into a natural limit. Just because "your kid" is under your care and custody does not mean that you have a right to steal your child's life (murder). Your child's life is his property. A reasonable regulation might be; don't steal from others while practicing your religion.
Now Right To Keep and Bear Arms..... Do I need permission of .gov to exercise my natural, God given "RIGHT" to keep and bear/carry an arm? NO...! Heck NO! IT IS a NATURAL RIGHT the same as the others. Is there a natural limit to the exercise of this right? Of course there is... we cannot exercise our right by irresponsibly placing other individuals at risk and reducing/stealing their right to enjoyment of life by waving, brandishing, intimidating with an "arm." The key; does .gov have the any more ability to "regulate" the keeping and bearing/carrying of arms than it does free speech, free press, free exercise of religion, etc.? NO. But guess what, the government does try to regulate it in the name of necessity and safety. We call the excess regulation "usurpation" of power. Now we the People have been ignorant and allowed it to happen but somewhere it must stop.... So yes it can be regulated in some ways. Let's think about it... We can regulate Free speech by passing a law against hollering FIRE! or another one against falsely defaming a person in the paper or No sacrificing of children to the Sun God, etc.. So we can regulate Arms in the following manner; no brandishing and intimidating people with an arm, etc.
AND WHEREAS: the Supreme Court of the United States has held in McDonald et al. v. City of Chicago, Illinois, et al., that the Second Amendment to the United States Constitution applies to the states;
Now this "Whereas" is simple..... This case, as this crowd would know, "incorporates," or "applies," the 2A to the states via the 14th Amendment....... You could say that means the US 2A is now Illinois Law! How does that compare to: "Subject to the police power...?"
On to the fun stuff.......
NOW THEREFORE BE IT ENACTED as the law of Pike County, Illinois, that the people have an individual and fundamental right to keep and bear arms free of infringement
Nothing new here.... just simple restatement of the 2A and made it the law in Pike County... The 2A is law of the land in US and Now State of Illinois (McDonald) and NOW codified in Pike County (assuming it passes)...... Exciting? Interested?
by any local, state, or federal government;
What does "shall not be infringed mean? Does it mean "shall not be infringed very much" or does it simply mean what it says, "shall not be infringed?" We simply elaborated and made it clear that it means shall not be infringed by .gov... It is possible that if the founders had done that we would not be having this conversation.....
AND FURTHER, that the method or manner of possessing, carrying, or transporting said arms shall not be infringed.
More elaboration and clarification lingo... we are just describing the possible ways in which an infringement might occur... it SAYS, "shall not be infringed!" Nothing new, just clarification.....
THIS ORDINANCE SHALL EXCLUDE: all individuals who are prohibited from possessing firearms under the laws of the United States, prohibited minors, and those under any intoxicating influence exceeding the standards of the Illinois Motor Vehicle Code.
We could leave this out and it would make no difference in the effect any of the forgoing. When you commit certain crimes under the laws of the United States you will forfeit your some of your natural, God given rights. Some of the rights that you forfeit might be some liberty (while in jail) perhaps it is a felony and its associated penalties, etc... We put it in for the people who do not understand and are concerned, thinking that this would allow criminals to legally have a firearm. It is a statement that just 'recognizes' the penalties adjudicated by juries and judges.
prohibited minors,
Let's talk about this. We discussed this up one side and down another. Do we make age an issue 21, 19 or 18 or what? How do I tell a young man who carries an M16 in the service of his country, having potentially faced the enemy, that he cannot carry at home...? Therefore we went with the terminology "prohibited minors,' which in essence is the same as a "prohibited adult." Comments?
and those under any intoxicating influence exceeding the standards of the Illinois Motor Vehicle Code.
Do I need to say anything here? Some hold their 'likker' better than others... I dislike the potential nose under the tent here but ....... There is a natural limit. Is it .08? I don't know. Comments?
Upon passage this ordinance shall be in full force and effect.
No comment necessary.....
I hope that you folks will realize that the spirit in which our ordinance has been developed and is coming about is simply clarifying and adopting the 2A at the county level. Nothing new. I hope that you don't see us as the enemy. Our hearts and our intent are in the right place. Some would say that we are well meaning fools. I say they have right to their opinion and I pray they are wrong. You should know that, while I initiated it, and take responsibility for pushing it, the final 'lingo' had substantial input by a scholar who taught Constitutional Law at Cornell for years and persons from other states who write firearms law. Regardless we are going with it, there is really no turning back now. While I do not want to be a horse's behind, and I prefer to be the good guy, and I like to please people and have lots of friends, I say either get behind it and start pushing this everywhere or get the hell out of the way! It is too late to back off! Remember the legislature cannot make law contrary to the State or Federal Constitution and make it stick long term (I hope, or we are in real trouble).
Your comments are appreciated either way. I will respond as time is available. Could be a while... I do apologize for possible misspellings and typos but I have not had time to do the word by word etc...
Kindest regards, Dr. Dan