Are open Carry bans unconstitutional post McDonald.

Thundar · Jun 28, 2010

Breyer's opinion would seem to indicate that Concealed Carry restrictions are OK, so that means....

Texas, Arkansas, Florida, Oklahoma, et al.

I mean really, how can you require people to pay (Concealed carry permit fee) to exercise a fundamental right??

Live Free or Die,
Thundar

Doug Huffman · Jun 28, 2010

Thundar said:
I mean really, how can you require people to pay (Concealed carry permit fee) to exercise a fundamental right??

The NRA water-carriers, chamberlains carrying night-water for their Emperor, here in Wisconsin desperately want permitted CC for the training fee sinecure.

Thundar · Jun 28, 2010

Open Carry is the right. We all know it is.

Thundar · Jun 28, 2010

Damn it Doug!!!

I was having a good day. Why did you have to mention the NRA?

We-the-People · Jun 29, 2010

Thundar said:
Breyer's opinion would seem to indicate that Concealed Carry restrictions are OK, so that means....

Texas, Arkansas, Florida, Oklahoma, et al.

I mean really, how can you require people to pay (Concealed carry permit fee) to exercise a fundamental right??

Live Free or Die,
Thundar

Daley in Chicago has stated publicly that (while they are scurrying to re-write their ordinance) he would support registration and LIABILITY INSURANCE for gun owners. Hmmmm that has a bit of an "ObamaCare" tone to it. Forcing you to buy something you don't want. And unlike ObamaCare, gun ownership is a RIGHT.

I don't think it will fly but of course we (gun owners) will have to pry every single bastardized attempt to continue the unconstitutional defacto bans that the anti's just can't admit that they can't have.

Cry me a river Danny boy. You're going to have LEGAL guns in Chicago again.

And yeah, why did someone have to mention the damn NRA? Grrrrrr

DKSuddeth · Jun 29, 2010

although heller and mcdonald opinions have both cited that 'reasonable regulations' are allowed, how does that square with laws that require licenses, fees, or taxes considering Murdoch v. commonwealth of PA?

John Pierce · Jun 29, 2010

In my column today, I noted that he seems to be planning to go after the supply side. See http://www.examiner.com/x-3253-Minn...0m6d29-Contempt-of-court-George-Wallace-style

We-the-People said:
Daley in Chicago has stated publicly that (while they are scurrying to re-write their ordinance) he would support registration and LIABILITY INSURANCE for gun owners. Hmmmm that has a bit of an "ObamaCare" tone to it. Forcing you to buy something you don't want. And unlike ObamaCare, gun ownership is a RIGHT.

I don't think it will fly but of course we (gun owners) will have to pry every single bastardized attempt to continue the unconstitutional defacto bans that the anti's just can't admit that they can't have.

Cry me a river Danny boy. You're going to have LEGAL guns in Chicago again.

And yeah, why did someone have to mention the damn NRA? Grrrrrr

oneeyeross · Jun 30, 2010

I really enjoy this part from Murdock v. Pennsylvania:

"This tax is not a charge for the enjoyment of a privilege or benefit bestowed by the state. The privilege in question exists apart from state authority. It is guaranteed the people by the federal constitution."

"The privilege in question exists apart from state authority." I'm thinking of sending this to everyone I know.....

We-the-People · Jun 30, 2010

oneeyeross said:
I really enjoy this part from Murdock v. Pennsylvania:

"This tax is not a charge for the enjoyment of a privilege or benefit bestowed by the state. The privilege in question exists apart from state authority. It is guaranteed the people by the federal constitution."

"The privilege in question exists apart from state authority." I'm thinking of sending this to everyone I know.....

So I'm thinking.... since the 2nd Amendment gives us the RIGHT to keep and bear, don't all those state and federal fees amount to an unconstitutional tax on a right guaranteed by the Constitution? I wonder what the BATFE would say about their $200 tax on NFA items? Even they call it a TAX STAMP.

Citizen · Jun 30, 2010

We-the-People said:
SNIP Cry me a river Danny boy. You're going to have LEGAL guns in Chicago again.

Ooo. That suggests a nifty little rhetorical device. Daley (and Fenty, and...) are behind the times, clinging to old traditions. Resisting change. The pendulum of human progress has swung further and people have another civil right recognized.

Dinosaur Daley. Stuck in the past---the bad old days of gun control, when governments made their citizens vulnerable to criminals. Before reason overcame the superstition that criminals would be deterred by anti-gun laws. That time in our benighted past when old men had to risk prison to protect their family.

XD-GEM · Jun 30, 2010

So when is Daley up for re-election. If I were plannng a campaign strategy against him, I'd hammer him over and over on this issue.

I'd run spots pointing out the 2 recent incidents in which Chicago citizens successfully defended themselves with firearms that are technically illegal under Chicago law. Then I'd point out that Daley chose NOT to prosecute them. Why? Because he knows the truth - that legally armed citizens CAN do this. Then say, "Daley wants you, the citizens of Chicago, to be defenseless and at the mercy of every doped-up street thug in town."

Of course, this would require a Chicago politicain to run on a pro-gun platform, but a fella can dream, right?

We-the-People · Jun 30, 2010

XD-GEM said:
So when is Daley up for re-election. If I were plannng a campaign strategy against him, I'd hammer him over and over on this issue.

Ummmmm it's Chicago. Do you really think that the guy is going to let a little thing like an election boot him out of office? He's been there 21 years and his corruption organization is well entrenched. He'll have all the votes he needs to win re-election until he either gets tired of it, dies, or is put in prison. There are plenty of dead people to ensure plenty of votes for the crook and his cronies.

Citizen · Jun 30, 2010

We-the-People said:
SNIP There are plenty of dead people to ensure plenty of votes for the crook (Daley) and his cronies.

At last! Proof that zombies are political! Capable of concerted political action!

Kill Zombies!!

Thundar · Jul 1, 2010

oneeyeross said:
I really enjoy this part from Murdock v. Pennsylvania:

"This tax is not a charge for the enjoyment of a privilege or benefit bestowed by the state. The privilege in question exists apart from state authority. It is guaranteed the people by the federal constitution."

"The privilege in question exists apart from state authority." I'm thinking of sending this to everyone I know.....

Unfortunately the 2A was not incorporated as a Priviledge under P&I.

We-the-People · Jul 1, 2010

Thundar said:
Unfortunately the 2A was not incorporated as a Priviledge under P&I.

And how in the HECK they came up with that but passed it under "due process" flaberghasts me. I've read the entire thing including the summary, opinion, separate opinions of the majority, and the whiney dissents. I think it was Scalia that just hammerd one of the dissenters, almost to the point of a personal attack you'd expect to see on some web forum (not this one, much worse than ever endures here). As I read that I was thinking, they've finally rolled up their sleeves and the fisticuffs are sure to come soon.

since9 · Jul 1, 2010

Thundar said:
I mean really, how can you require people to pay (Concealed carry permit fee) to exercise a fundamental right??

Live Free or Die,
Thundar

I hear you, but they get away with it by saying, "You're not paying for the privalage of carrying a firearm or even carrying it concealed. You're paying for the background check, the administrative processing fee, and the training required to ensure you can safely handle a firearm."

Which, in my state (CO) makes absolutely NO sense whatsoever when it's perfectly legal to OC without having to pay a penny.

Are open Carry bans unconstitutional post McDonald.

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