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Thread: Why hasn't anybody challenged Illinois gun laws based on the Illinois Constitution?

  1. #1
    Regular Member emk's Avatar
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    Why hasn't anybody challenged Illinois gun laws based on the Illinois Constitution?

    "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."

    Dictionary definition of bear (several definitions, but these pertaining to):
    "to carry; bring: to bear gifts."
    "to hold or carry"

    So the legislature has no power to ban carry whatsoever . . .

  2. #2
    Michigan Moderator DrTodd's Avatar
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    I'm guessing that you didn't see this part: "Subject only to the police power,..."
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  3. #3
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    Yep, "subject only to" pretty much makes the so-called right non-existant.

    I'm reminded of the Mexican Constitution which also has a right to keep and bear arms guarantee followed by a 'subject to the police...' clause. And we all know how that has worked out for the poor citizens south of the border.
    Last edited by OC4me; 04-05-2011 at 04:48 PM.

  4. #4
    Regular Member emk's Avatar
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    I read that as the police have the ability in certain situations to disarm you, if, say, you're a criminal or some such thing. As in, the police can disarm you in the process of arrest. But I guess with any qualifiers in the state of Illinois, the government will find a way to get away with anything.

  5. #5
    State Researcher lockman's Avatar
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    Quote Originally Posted by emk View Post
    I read that as the police have the ability in certain situations to disarm you, if, say, you're a criminal or some such thing. As in, the police can disarm you in the process of arrest. But I guess with any qualifiers in the state of Illinois, the government will find a way to get away with anything.
    "subject to the police power" has been interpreted by the Illinois Supreme Court to mean the legislatures powers to enact and enforce laws.

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