Wisconsin Circuit Court Sides With Gun Owners! - Page 2

Wisconsin Circuit Court Sides With Gun Owners!

This is a discussion on Wisconsin Circuit Court Sides With Gun Owners! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by Captain Crunch No, actually it isn't. The States are not bound by the Second Amendment. The USSC has never incorporated the 2A ...

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Thread: Wisconsin Circuit Court Sides With Gun Owners!

  1. #16
    Member Array bobernet's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    No, actually it isn't. The States are not bound by the Second Amendment.

    The USSC has never incorporated the 2A to the States, via the 14th Amendment.
    True, but Wisconsin has it's own version. Article 1 section 25 of the Wisconsin Constitution states, "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

    The annotation says, "The state constitutional right to bear arms is fundamental, but it is not absolute. This section does not affect the reasonable regulation of guns. The standard of review for challenges to statutes allegedly in violation of this section is whether the statute is a reasonable exercise of police power. State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328"

    Unfortunately, in State v. Cole, the Wisconsin Supreme Court has already ruled that the CCW prohibition is not in violation of the state's constitution.

    Sorry cheese heads. :-(


  2. #17
    1943 - 2009
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    Quote Originally Posted by bobernet View Post
    True, but Wisconsin has it's own version. Article 1 section 25 of the Wisconsin Constitution states, "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."
    Precisely my point. The 2nd Amendment applies to the Federal government only. The right to keep and bear arms derives from State constitutions. 44 states have an RKBA provision in their constitutions. Six states have no such provision in their constitutions, so the citizens of those 6 states have no constitutionally protected right to keep and bear arms.

    http://www.saf.org/default.asp?p=rkba_protections


    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

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