Posted on 03/27/2025 12:08:34 PM PDT by Robert357
42 U.S. Code § 1983 - Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section,
https://www.vox.com/scotus/405010/supreme-court-abortion-medicaid-kerr-planned-parenthood?utm_source=firefox-newtab-en-us
I have never seen a 2nd Amendment challege to Gun Grabbing legislation every framed under Section 1983. I will defer to others who hopefully have more legal knowledge and the ear of various legal groups that sue gun grabbing states.
The 2nd Amendment is part of the "Bill of Rights" and the language includes stating that it is a right of the people and that it shall not be infringed.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
So individuals who have had their "right" to keep and bear arms infringed, should be able (under Section 1983) to "...Every person who....of any State...subjects, or causes to be subjected, any citizen of the United States....the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....."
Again, I am not a legal scholar, but am a defender of the 2nd Amendment. I will now step aside and read with interest the comments on this.
Very interesting.
L
Well, Colorado’s egregious new gun control laws just passed that makes us pay a fee to exercise our 2A rights. They are requiring us to register our guns, get more ‘training’, get a permit to buy new ones and establishes a registry. This is tyranny. Thank you Mike Bloomberg. I hope your balls are eaten off by bedbugs.
Did Polis sign the bill, SB003? I haven’t seen any more updates since it passed the house. Planning a trip out there and if its law I will have change my plans.
You know the great ‘Libertarian’ Polis will sign.
I’m sure he will. I just received an email from CSSA stating the Senate will be voting on this bill tomorrow.
As a CSSA life-member I didn’t see any communications from them until we moved out state, now they are constantly sending them out. This bill will determine if I return for another hunting trip.
What did the Supreme Court say?
Here is an example of a case with 1983 and the Second Amendment in Illinois:
Thanks.
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