Quigley/McCarthy brief supporting handgun ban

This is a discussion on Quigley/McCarthy brief supporting handgun ban within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Congressmen Mike Quigley and Carolyn McCarthy are leading a group of 54 representatives who have signed an amicus brief in support of Chicago's handgun ban. ...

Results 1 to 15 of 15

Thread: Quigley/McCarthy brief supporting handgun ban

  1. #1
    Senior Member Array mrreynolds's Avatar
    Join Date
    Aug 2007
    Location
    New York, NY
    Posts
    620

    Quigley/McCarthy brief supporting handgun ban

    Congressmen Mike Quigley and Carolyn McCarthy are leading a group of 54 representatives who have signed an amicus brief in support of Chicago's handgun ban. A copy of the brief is available at:

    Other New Yorkers signing onto their brief include: Gary Ackerman, Tom Bishop, Yvette Clark, Joseph Crowley, Eliot Engel, Steve Israel, Nita Lowey, Carolyn Maloney, Jerrold Nadler, Charles Rangel, Jose Serrano, Louise Slaughter, Edolphus Towns and Anthony Weiner.

    [LINK]

  2. Remove Ads

  3. #2
    Senior Member Array Rob P.'s Avatar
    Join Date
    Sep 2007
    Location
    In the sticks
    Posts
    631
    I do not understand the mindset of any politician who would sign their name to an amicus brief advocating gun bans in this political climate. It's a political death knell.

  4. #3
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298
    Second, Congress has for decades exercised the power assigned it by the Constitution to regulate, and in some cases ban, the use or possession of certain weapons. In doing so, Congress has regularly considered, interpreted, and applied the Second Amendment in view of its obligation to support the Constitution.
    Where in the Constitution is this power to regulate or ban firearms? If the power is there, which I do not believe it is, why was it only discovered in recent decades? Wouldn't it seem reasonable if this power was indeed there it would have been written about by the authors of the Constitution?

    Michael

  5. #4
    Member Array torgo1968's Avatar
    Join Date
    Nov 2007
    Location
    Ohio
    Posts
    420
    Quote Originally Posted by Rob P. View Post
    I do not understand the mindset of any politician who would sign their name to an amicus brief advocating gun bans in this political climate. It's a political death knell.
    These people are in "safe" districts politically speaking. Trust me, if there was any threat to their office, they wouldn't have done it. Let's face it, McCarthy was elected solely because of her position on guns.

  6. #5
    VIP Member Array SIGguy229's Avatar
    Join Date
    Mar 2006
    Location
    Kommie-fornia-stan
    Posts
    7,046
    Quote Originally Posted by mlr1m View Post
    Where in the Constitution is this power to regulate or ban firearms? If the power is there, which I do not believe it is, why was it only discovered in recent decades? Wouldn't it seem reasonable if this power was indeed there it would have been written about by the authors of the Constitution?

    Michael
    CONgress believes they have the power to regulate based on the "inter-state commerce" clause in Article I, Section 8 of the U.S. Constitution.
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

  7. #6
    VIP Member Array MitchellCT's Avatar
    Join Date
    Aug 2007
    Location
    I don't post here anymore...Sorry
    Posts
    2,333
    Quote Originally Posted by mlr1m View Post
    Where in the Constitution is this power to regulate or ban firearms? If the power is there, which I do not believe it is, why was it only discovered in recent decades? Wouldn't it seem reasonable if this power was indeed there it would have been written about by the authors of the Constitution?

    Michael
    Read the Heller decision. It says that the second amendment, like the first, is not unlimited.

    None of the Bill of Rights is unlimited.

    If you are actually interested in reading about the standards in Constitutional Law, not just jumping up & down shouting "What part of shall not be infringed don't you get!!" then I'll direct you toward some material on the standards of review for laws infringing on the bill of rights.

    If not...

    Happy complaining.

  8. #7
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298
    then I'll direct you toward some material on the standards of review for laws infringing on the bill of rights.
    I would love to read up on the subject more.

    Michael

  9. #8
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    26,142
    Quote Originally Posted by MitchellCT View Post
    Quote Originally Posted by mlr1m View Post
    Where in the Constitution is this power to regulate or ban firearms?
    Read the Heller decision. It says that the second amendment, like the first, is not unlimited.

    None of the Bill of Rights is unlimited.
    That may be, but bans (as evidenced by the DC and Chicago bans) are generally designed to keep the People in as near to that condition as is possible, to the degree that a firearm is wholly unusable, inoperable or unavailable, essentially making an effective defense impossible in deadly situations by the vast majority of people. One would think it simple common sense that such a condition cannot exist if the goal of the 2A (defense against threat) is to exist at all. Even with Heller, the moment someone goes outside the home one is stripped of all effective ability to defend against violent crime.

    I hope the Chicago case kicks the teeth out of the ban and further cements the simple breadth and inviolability of ownership, possession AND carry both inside and outside the home. I highly doubt it'll come anywhere near this, limp as the SCOTUS is proving to be on all of this. Still, it could be worse, blindly liberal-leaning as much of the Court is.

    The arguments and briefs will be interesting.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

  10. #9
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,552
    Carolyn McCarthy is a buffoon... YouTube - Carolyn McCarthy Ignorant Even on Gun Control
    I'm sure that she is in similar company with her group of anti-gun folks.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  11. #10
    Senior Member Array cwblanco's Avatar
    Join Date
    Oct 2007
    Location
    Amarillo, Texas
    Posts
    835
    Quote Originally Posted by mlr1m View Post
    Where in the Constitution is this power to regulate or ban firearms? If the power is there, which I do not believe it is, why was it only discovered in recent decades? Wouldn't it seem reasonable if this power was indeed there it would have been written about by the authors of the Constitution?
    If you are referring to the Illinois constution, I have the same question. From the Illinois constitution:

    SECTION 22. RIGHT TO ARMS
    Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.
    (Source: Illinois Constitution.)

    The U.S. Supreme Court in Heller has already ruled that Washington DC had unreasonably restricted/banned firearms. In the case now before the U.S. Supreme Court the question is not what Illinois's constitution says, but whether the 2nd Amendment of the U.S. Constitution applies to the states. [Apparently the Illinois Supreme Court has a difficult time understanding its own constitution]
    Live every day so that you can, with a clear conscience, look all men in their eyes and tell them to go to hell.

  12. #11
    VIP Member Array bsnow's Avatar
    Join Date
    Mar 2009
    Location
    Montana
    Posts
    2,258
    Quote Originally Posted by retsupt99 View Post
    Carolyn McCarthy is a buffoon... YouTube - Carolyn McCarthy Ignorant Even on Gun Control
    I'm sure that she is in similar company with her group of anti-gun folks.
    Thanks for the youtube link. I will laugh quite awhile at her absolute stupidity..(-:

  13. #12
    VIP Member Array Patti's Avatar
    Join Date
    Dec 2008
    Location
    The Show Me State
    Posts
    2,641
    Reporter: Do you know what a barrel shroud is?

    McCarthy: It's in the barrel thing that goes up.

    Reporter: No it is not.

    Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. Winston Churchill

  14. #13
    Senior Member Array wjh2657's Avatar
    Join Date
    May 2008
    Location
    Lafayette, Tennessee
    Posts
    1,166
    Quote Originally Posted by mlr1m View Post
    Where in the Constitution is this power to regulate or ban firearms? If the power is there, which I do not believe it is, why was it only discovered in recent decades? Wouldn't it seem reasonable if this power was indeed there it would have been written about by the authors of the Constitution?

    Michael
    We need to use a different argument. the historical argument works against us as community Gun Bans were very prevalent during the 18th and 19th centuries. ( Check your guns at the city limits postings were all over the place, East and West.)
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

  15. #14
    Senior Member
    Array StevePVB's Avatar
    Join Date
    Sep 2007
    Location
    Jacksonville, FL
    Posts
    1,024
    It is always the same argument -- "reasonable" gun controls.

    Even if we agreed with this sentiment, we could never agree on a good definition of reasonable. How can anyone think that disassembling and locking away a gun is reasonable? How can anyone agree that a complete ban is reasonable? Maybe they simply forgot to include the word "functional" when they wrote the 2A.

  16. #15
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298
    Quote Originally Posted by wjh2657 View Post
    We need to use a different argument. the historical argument works against us as community Gun Bans were very prevalent during the 18th and 19th centuries. ( Check your guns at the city limits postings were all over the place, East and West.)
    Those were state and local bans, not federal.

    Michael

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. McCarthy gets owned on MSNBC
    By Ovar in forum The Second Amendment & Gun Legislation Discussion
    Replies: 30
    Last Post: April 22nd, 2007, 07:16 PM
  2. McCarthy's gun control legislation
    By notromt in forum General Firearm Discussion
    Replies: 1
    Last Post: April 21st, 2007, 12:23 PM
  3. Rep. McCarthy responds to the Virginia Tech shootings
    By erikd65 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 10
    Last Post: April 17th, 2007, 10:29 PM
  4. Think about Supporting
    By SCfromNY in forum Concealed Carry Issues & Discussions
    Replies: 4
    Last Post: April 13th, 2007, 09:56 PM
  5. Carolyn McCarthy and HR1022
    By 4my sons in forum The Second Amendment & Gun Legislation Discussion
    Replies: 11
    Last Post: March 8th, 2007, 04:31 PM