Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: tpaine
Look, I agree wholeheartedly with your sentiments on this issue. I am as strong a supporter of the RKBA as anyone, including you. But our beliefs on the issue aren't going to change the USSC's 14th amendment incorporation doctrine one iota. And the fact remains that no USSC has yet incorporated the 2nd amendment into the 14th. In practical terms, that means the states can pass whatever gun laws they want without fear of being over-ruled by the USSC.

The bottom line in all this is that we aren't going to win the RKBA battle in the courts. We must winit at the election booth. No matter what the USSC may or may not do with Emerson, for all practical purposes the feds and the states are still going to be able to place a lot of restrictions and regulations on guns unless we have the political power to prevent that from happening. All the parties involved in this issue, courts, lawyers, etc, are saying that "some" restrictions are allowable even if the 2nd is upheld as protecting an individual right. That means they will pass almost any law they want and the courts will uphold them.

They don't have to actually outlaw guns, they only have to make it so expensive and difficult to own them that most people won't bother. That means that we have to fight this battle in the hearts and minds of the American voters, just as we always have. We just have to get much better at it.

115 posted on 05/11/2002 11:31:19 PM PDT by epow
[ Post Reply | Private Reply | To 91 | View Replies ]


To: epow
The bottom line in all this is that we aren't going to win the RKBA battle in the courts. We must winit at the election booth.

The political arena takes work but it provides the possibilty of victories. The work done against David Roberti here in California provides an example of what such efforts can accomplish.

117 posted on 05/11/2002 11:40:57 PM PDT by Roscoe
[ Post Reply | Private Reply | To 115 | View Replies ]

To: epow
Look, I agree wholeheartedly with your sentiments on this issue. I am as strong a supporter of the RKBA as anyone, including you. But our beliefs on the issue aren't going to change the USSC's 14th amendment incorporation doctrine one iota. And the fact remains that no USSC has yet incorporated the 2nd amendment into the 14th.

But they may be about to, as our articles author says above. 'Our beliefs', - public opinion, ALL-ways makes a difference. That's why Ashcroft made his hypocritical 'decision', they don't WANT 'incorporation'.

In practical terms, that means the states can pass whatever gun laws they want without fear of being over-ruled by the USSC.
The bottom line in all this is that we aren't going to win the RKBA battle in the courts. We must winit at the election booth. No matter what the USSC may or may not do with Emerson, for all practical purposes the feds and the states are still going to be able to place a lot of restrictions and regulations on guns unless we have the political power to prevent that from happening. All the parties involved in this issue, courts, lawyers, etc, are saying that "some" restrictions are allowable even if the 2nd is upheld as protecting an individual right.

The USSC hasn't said that yet, - and they may be trapped by their own previous literal decisions on incorporation. The 2nds clear language will be hard to 'spin'.

That means they will pass almost any law they want and the courts will uphold them.
They don't have to actually outlaw guns, they only have to make it so expensive and difficult to own them that most people won't bother. That means that we have to fight this battle in the hearts and minds of the American voters, just as we always have. We just have to get much better at it.

We agree on the basics. -- I just think it is time to let the USSC make their move. -- Then we know what to fight. This 'statist quo' has gone on far too long.

150 posted on 05/12/2002 10:12:49 AM PDT by tpaine
[ Post Reply | Private Reply | To 115 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson