I think it is important to remember that Heller and McDonald did not hold that the Second Amendment in toto applied to the states and municipalities. In fact, so far the Supreme Court has only upheld the rights of all citizens to own a handgun for home protection, nothing more. No rights to a hunting rifle or any other weapon have been found to apply.
This is because the Second Amendment and the rest of the Bill of Rights only protected against encroachment by the federal government. The states were free to make any law contrary to the Bill of Rights. Every decision of the Supreme Court since our country’s founding, has recognized that the Bill of Rights did not originally apply to states and municipalities. Every current member of the Court has also recognized this original intent of the founders. To extend the application of the Bill of Rights, including the Second Amendment, beyond the federal government, the Supreme Court has relied on the Fourteenth Amendment to evolve a judicial process called “selective incorporation.” This holds that certain rights are fundamental, because they are “implicit in the concept of ordered liberty” or because the rights were “deeply rooted in our nation’s history and traditions.” Heller was the first time that the Supreme Court held that the Second Amendment applied against the states and local governments, but again, it did so only to the extent that it recognized the right to own a handgun for home protection. There is indeed a long way to go.
Yes, protection from the Federal Gov’t, BUT many states have that same guarantee in their state constitutions. Not Illinois.
STOLEN from another web site:
Constitution of the State of Illinois
ARTICLE I
BILL OF RIGHTS
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.)
Richard Pearson, Executive Director of the Illinois State Rifle Association says , it wasn’t “supposed” to be in there.
Although the title of Section 22 is “Right to Arms,” it isn’t about the individual’s right at all.
What is does, is define the path by which the Illinois State Government can strip away what the U.S. Constitution promises “shall not be infringed.”
The State of Illinois has been stripping away thefundamental right of arms ever since.
The reason Heller and McDonald didn’t totally fix the issue was how the court forced the way the “question” was asked by the plantiff’s...
That is key to any judicual review by that court...
It resolved a few things, but it left the implementation open, and no impetus for any municipality to remove those infringements on its citizens, with no penalties to them for not doing so...
So what is it you think is going to make an impact???
They are hedging their bets that the people are cowards, and that there is NO fight left in anyone worth worrying about...