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

emk

Regular Member
Joined
Dec 19, 2010
Messages
23
Location
Corpus Christi
"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 . . .
 

OC4me

Regular Member
Joined
Jan 14, 2009
Messages
750
Location
Northwest Kent County, Michigan
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.
 
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emk

Regular Member
Joined
Dec 19, 2010
Messages
23
Location
Corpus Christi
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.
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
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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