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To: Freedom_Is_Not_Free
“It is obvious on the face of it that the 2nd confers an individual right. We just need the Supremes to affirm that individual right so the Left, the Socialists, the media and the government will quit being able to act on the lie that it doesn’t.”

I would be happier if we had a truly right-leaning Supreme Court. If only Bush would have gotten to nominate one more Justice. But as they say, you play with the team you have, not the one you wish you had.

While I see a lot of talk on this forum about Civil War II, I’m more inclined to think that if the Court comes down with the wrong decision, that there would be a huge push for a new Constitutional amendment reaffirming the RKBA.

632 posted on 11/10/2007 3:02:00 PM PST by nralife
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To: nralife
While I see a lot of talk on this forum about Civil War II, I’m more inclined to think that if the Court comes down with the wrong decision, that there would be a huge push for a new Constitutional amendment reaffirming the RKBA.

This is as much of the Congress proposing a Constitutional amendment to replace the 2nd Amendment as there is of it proposing one regarding abortion. Besides, such an amendment would be limiting the Congress's authority. Other than the Bill of Rights, the only amendment that limits the Congress's authority is the 27th Amendment (proposed along with the Bill of Rights).

If the Nine High Priests Of Justice give the 2nd Amendment a "collective right" (i.e., nullifying) interpretation, then our choices will be:

(1) Quietly defying all gun control laws,

(2) Acts of Civil Disobedience (open defiance),

(3) Start a movement to call a Second Constitutional Convention that would propose a new RKBA amendment,

(4) Revolution/Rebellion/Secession.

650 posted on 11/10/2007 5:16:00 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: nralife
While I see a lot of talk on this forum about Civil War II, I’m more inclined to think that if the Court comes down with the wrong decision, that there would be a huge push for a new Constitutional amendment reaffirming the RKBA.

Fat lot of good that would do, they'd just ignore it like do the one we already have.

In the mid 1980s, the citizens of Nebraska, and several other states I've come to find out, added or modified RKBA provisions in their state constitutions, making it completely and unambiguously clear that the right is an individual one, and that it is not protected *just* for militia purposes.

Nebraska's provision reads:

“All persons ... have certain ... rights, among these are ... the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof.” Nebraska Constitution art. 1, sec. 1.

Sounds pretty good, doesn't it, especially when you consider that prior to that 1986 amendment, Nebraska had no RKBA provision in it's state constitution. However the state courts have refused to overturn a single gun control law on the basis of violation of this provision of the state Constitution. And there are several laws, both local and state, that deny or infringe upon the right. Such as the requirement to obtain a state permission slip before purchasing a handgun, the prohibition against going armed with a handgun, with or without a permit, openly or concealed, and even more onerous city laws. Several have been challenged, even in the state supreme court, and yet none have been overturned. It would be the same with any new RKBA provision in the federal Constitution, if the Courts refuse to enforce the current provision.

669 posted on 11/10/2007 8:08:02 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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