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New orleans to give back Guns

This is a discussion on New orleans to give back Guns within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; What pisses me off is they re-elected Ray Nagin(No we didn't take anyone's guns,OK maybe a few,OK hundreds). He's lucky the NRA didn't keep coming ...

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Thread: New orleans to give back Guns

  1. #16
    Senior Member Array press1280's Avatar
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    What pisses me off is they re-elected Ray Nagin(No we didn't take anyone's guns,OK maybe a few,OK hundreds). He's lucky the NRA didn't keep coming after him, he should have been arrested and be in prison now.
    Even if they didn't believe the 2A applied to the states, they can't take property without compensation,however, this would have made an OUTSTANDING incorporation SCOTUS case,IMHO.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848


  2. #17
    Member Array Craiger's Avatar
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    Quote Originally Posted by spooter66 View Post
    Plain and simple, the second amendment was never incorporated.

    SCOTUS has finally cleared up the argument and now we can work on getting it incorporated
    So spooter66 even though SCOTUS made it clear, The states still get to tell us to prove it?
    In God we trust, Everyone else we monitor...

  3. #18
    Member Array spooter66's Avatar
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    Quote Originally Posted by Craiger View Post
    So spooter66 even though SCOTUS made it clear, The states still get to tell us to prove it?
    I don't know if "prove it" quite fits. All the SCOTUS decision did is say the 2nd Amendment is an individual right. Unless the amendment is incorporated it only applies to the fed gov. For example, could the fed gov pass a law that outlaws ALL guns? No, it would be hauled into fed court and declared unconstitutional because it violated the 2nd. Before the SCOTUS ruling the feds might have been able to do this. Now you would need a constitutional amendment abolishing the 2nd amendment. That doesn't mean the the feds can't place restrictions and ban types of weapons making it extremely difficult for gun owners.

    The states don't have to honor the 2nd amendment unless it has been incorporated (forced upon them). The NRA San Fran lawsuit is trying to do this. The city of SF banned the residents of its low income housing from owning any and all weapons. Now that the 2nd has been declared a individual right by SCOTUS the NRA can start the lawsuits and get it incorporated. Chicago and NY would be a tough sell for incorp., they don't ban all weapons. They only ban certain classes of weapons (handguns) and are very restrictive on ownership (registrations/permits), and usage (when you can and cannot use them).

    Once the 2nd has been incorp. the NRA can go after these restrictive places and claim that the restrictions are too restrictive and violate the 2nd.
    "I like pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals." - Sir Winston Churchill


  4. #19
    Senior Member Array press1280's Avatar
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    Quote Originally Posted by spooter66 View Post
    I don't know if "prove it" quite fits. All the SCOTUS decision did is say the 2nd Amendment is an individual right. Unless the amendment is incorporated it only applies to the fed gov. For example, could the fed gov pass a law that outlaws ALL guns? No, it would be hauled into fed court and declared unconstitutional because it violated the 2nd. Before the SCOTUS ruling the feds might have been able to do this. Now you would need a constitutional amendment abolishing the 2nd amendment. That doesn't mean the the feds can't place restrictions and ban types of weapons making it extremely difficult for gun owners.

    The states don't have to honor the 2nd amendment unless it has been incorporated (forced upon them). The NRA San Fran lawsuit is trying to do this. The city of SF banned the residents of its low income housing from owning any and all weapons. Now that the 2nd has been declared a individual right by SCOTUS the NRA can start the lawsuits and get it incorporated. Chicago and NY would be a tough sell for incorp., they don't ban all weapons. They only ban certain classes of weapons (handguns) and are very restrictive on ownership (registrations/permits), and usage (when you can and cannot use them).

    Once the 2nd has been incorp. the NRA can go after these restrictive places and claim that the restrictions are too restrictive and violate the 2nd.
    Although I'm sure all would agree the reason for the 14th Amendment was to make sure the former slaves weren't returned to a slave-like life by the southern states. From the authors of the 14th, they clearly intended them to have the RKBA. A racially motivated SCOTUS IMO overturned it just a few years later and these liberal courts keep relying on what is now considered bad law.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  5. #20
    Member Array spooter66's Avatar
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    Quote Originally Posted by press1280 View Post
    Although I'm sure all would agree the reason for the 14th Amendment was to make sure the former slaves weren't returned to a slave-like life by the southern states. From the authors of the 14th, they clearly intended them to have the RKBA. A racially motivated SCOTUS IMO overturned it just a few years later and these liberal courts keep relying on what is now considered bad law.
    Agreed. I don't think anyone would argue that our legal system is perfect. Far from it.
    "I like pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals." - Sir Winston Churchill


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