2nd Circuit Upholds New York Handgun Limits (2nd Amendment only covers federal laws - Judge Wesley)

New York Law Journal ^ | 5-10-2005 | Mark Hamblett

[Travis McGee]

That site (Self Defense is a Basic Human Right) is where I always send folks new to guns, who are contemplating a first purchase. It's a treasure.

[CarryaBigStick]

I'm not sure I wouls trust the SCOTUS to make the right decision (for individual rights) at this juncture, given their recent looney decisions.

[Mulder]

So we have a regime who refuses to recognize the Supreme Law of the land, while simeltaneously enacting all sorts of edicts to harass it's citizens.

What is to be done about this?

[Mulder]

Agreed, except that a semi-auto battle rifle is much more useful that a sniper rifle

A bolt action is useless for CQB and much slower than a semi-auto for precision follow-up shots.

[E.G.C.]

BTTT!!!!!!!

[MileHi]

BTTT

[cbkaty]

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.

The "congress shall make no law" does not appear in this Amendment....therefore I must (gladly) conclude that it's power is absolute and that of the individual....not the "State".

...and the beat goes on....the fight of the individual to retain arms is eternal.

[ThanhPhero]

The judge misreads the amendment.

The first amendment says "Congress shall make no law..."

The 2nd says "...shall not be infringed..." without saying by whom it shall not be infringed, stating starkly that it Shall Not Be Infringed. So nobody may infringe that right, not even the states or a semiliterate judge.

[Dead Corpse]

On top of that, Art 4 Sec 2 applies the "privileges and immunities" to all US Citizens. Art 6 Para 2 sets the Constitution as the Supreme Law of the Land and no inferior government or court can over rule said provisions, including the immunities we enjoy on our Rights.

A Right is something you don't have to ask anyone elses permission to do. I'm tired of being told otherwise.

[brazzaville]

Good morning.

Is that a Mosin-Nagant the young lady is holding?

There's irony in a pro-2nd Amendment ad using a commie gun.

Michael Frazier

[paul_fromatlanta]

>>Privileges and Immunities Clause of Article IV "cannot preclude New York's residency requirement in light of the State's substantial interest in monitoring handgun licenses."<<

OK, so the appeals court says that constitutional rights are subordinate to the states...

Then why can a state cannot discriminate against black people or forbid free speech? Because in every other case, the courts rule the other way. This ruling is inconsistent.

[Dead Corpse]

Of course it is inconsistant. That isn't their agenda. The agenda is to restrict a Rights. Period.

Now we need to show them the error of their ways. Impeach them. Dig out the tar and feathers if needed.

[paul_fromatlanta]

>>Of course it is inconsistant. That isn't their agenda. The agenda is to restrict a Rights. Period.

Now we need to show them the error of their ways. Impeach them. Dig out the tar and feathers if needed.<<

It seems like an easier course would be to appeal to the supreme court - there is all kinds of precedent for the supremacy of Federal law.. That's why Justice Moore got impeached in Alabama...

The supreme court has ruled repeatedly that the interstate commerce clause gives the federal government the right to impose non-discrimination laws over state's objections. The principal should be applied consistantly and that includes the right to keep and bear arms.