FOID poll - Page 2

FOID poll

This is a discussion on FOID poll within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by Tubby45 No, they have. That's why they are unincorporated. Apparently the Supreme Court dictates what parts of the Bill of Rights they ...

View Poll Results: Is the FOID unconstitutional?

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  • It is unconstitutional.

    75 87.21%
  • It is not unconstitutional.

    11 12.79%
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Thread: FOID poll

  1. #16
    Member Array BlackBear's Avatar
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    Quote Originally Posted by Tubby45 View Post
    No, they have. That's why they are unincorporated. Apparently the Supreme Court dictates what parts of the Bill of Rights they want us peasants to have. Cowards.

    http://faculty.ncwc.edu/TOConnor/410/billofrights.htm
    Kinda. It's really more like "The USSC dictates which amendments are enforcable in actions involving states" as opposed to federal laws. I am wholly of the belief that the 14th Amendment as enacted automatically incorporated all the Amendments, but unfortunately selective incorporation has been the name of the game for 4 score years or so.

    On the original topic, meh, all laws restricting/infringing/impinging on my 2A rights are unconstitutional, in my opinion. At least, until I do something dumb.
    I would love to change the world, but they won't give me the source code

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  2. #17
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    I just want to get a show of hands here who thinks the FOID card is unconstitutional. Why or why not?
    The real question is:

    Is it an "infringement" of your right to bear arms ?

    Answer this and then judge for yourself...

    Can you own,buy or use a firearm without it?
    Can you own,buy or use ammunition without it?

    If you cannot, then clearly it is UNCONSTITUTIONAL.

    It's not rocket surgery here people. We dang sure dont need some crooked Chicago laywer that works for the Mob to interpret the English language for us.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  3. #18
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    Well, the consitutionality of the USSC's rulings aside, the Court has never incorporated the 2A to the States via the 14A.

    The 2A does not apply to the States. That's a fact. Look it up.

    The entire BoR is applicable here.
    The 9th and 10th Amendments also do not apply to the States, because these amendments do not directly protect individual rights.

    I am completely aware what the "unincorporated rights" are.
    Never said you weren't, Tubby.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
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    Terry

  4. #19
    Member Array produman's Avatar
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    The Nazi party used tattoo's on The Jews in WWII...Same thing to me...
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  5. #20
    VIP Member Array Tubby45's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    Well, the consitutionality of the USSC's rulings aside, the Court has never incorporated the 2A to the States via the 14A.

    The 2A does not apply to the States. That's a fact. Look it up.
    My opinion is that is should apply to the states via the 14th Amendment. My opinion is that those Supreme Court justices that did not and continue not to apply the 2nd Amendment to the states via the 14th Amendment are 1) cowards, 2) morons, 3) committing treason for not protecting the USCON. These are the people who we trust to uphold our rights? That is a joke.

  6. #21
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    Quote Originally Posted by Tubby45 View Post
    My opinion is that is should apply to the states via the 14th Amendment. My opinion is that those Supreme Court justices that did not and continue not to apply the 2nd Amendment to the states via the 14th Amendment are 1) cowards, 2) morons, 3) committing treason for not protecting the USCON. These are the people who we trust to uphold our rights? That is a joke.
    Well, I can't argue with you about that, but there's not much we little people can do about it, unfortunately.

    I don't think federal jurists should be appointed for life, either. Lifetime appointments means they don't have to worry about being held accountable for their decisions.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  7. #22
    VIP Member Array Tubby45's Avatar
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    Actually they aren't appointed for life. They are appointed for as long as they are in good character or something to that effect. The president can oust them at any time for any reason.

  8. #23
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    I have enough cards already that don't do anything.

  9. #24
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    Worked in PRMA for a couple of yeas and am familiar with the Mother May I FOID card. No, it is not constitutional.

  10. #25
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    Actually they aren't appointed for life. They are appointed for as long as they are in good character or something to that effect.
    Article III, Section 1, U.S. Constitution:

    "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office".

    Note that "good behaviour" is not defined. Federal judicial appointments have, by custom, become lifetime appointments. When was the last time a federal judge was impeached or removed from office?

    The president can oust them at any time for any reason.
    Nothing in Article II of the U.S. Constitution gives the President this authority.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  11. #26
    VIP Member Array Tubby45's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    Article III, Section 1, U.S. Constitution:

    "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office".

    Note that "good behaviour" is not defined. Federal judicial appointments have, by custom, become lifetime appointments. When was the last time a federal judge was impeached or removed from office?
    They have become lifetime appointments as a matter of custom, yes. There were a few judges removed by the serving president through the impeachment processs which includes trial by Senate. Early days, 19th century I think.

    The Infamous Sixteen
    Since 1797 the House of Representatives has impeached sixteen federal officials. These include two presidents, a cabinet member, a senator, a justice of the Supreme Court, and eleven federal judges. Of those, the Senate has convicted and removed seven, all of them judges. Not included in this list are the office holders who have resigned rather than face impeachment, most notably, President Richard M. Nixon.
    About halfway down:
    http://www.infoplease.com/spot/impeach.html

  12. #27
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    only reason for gun registration (or owner in this case) is so they can take them away eventually.

    this is also a form of infringement, since IL folks can't buy a gun without it.

    unconstitutional.

    also, criminals won't bother with it. that makes it just another of thousands of government programs that cost us taxpayers money for no reason.
    War is not the ugliest of things. Worse is the decayed state of moral feeling which thinks nothing is worth a war. A man who has nothing for which he is willing to fight, nothing which he cares for more than his personal safety, is a miserable creature who has no chance of being free. -J.S. Mill

  13. #28
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    Quote Originally Posted by Sheldon J View Post
    Well unfortunately although it states "shall not be infringed" it does not say we will not stop the states from keeping an eye on you.

    Unconstitutional maybe but that would be a very long hard fight, and me I just do not mind jumping though the hoops as it adds a degree of legitimacy to my CCW.

    In the long run the training and background checks make us look less like nut cases to the anti gunners (whom most of which could not pass) when we post the argument of the criminals and their intent, and give us a legal status in the eyes of the court.

    Do I like the government having a record of my CCW M not really comfortable with it. No more than the AKA registration "Safety inspection" we have to do here in Mi just to buy a hand gun.
    Can't buy (or own) a gun or ammunition in IL without a FOID, ergo, infringing on my right to keep and bear arms. I hate IL. (originally from IL)
    Magazine <> clip - know the difference

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