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Old 01-26-2008, 04:28 PM
Europe Rick Europe Rick is offline
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Quote:
Originally Posted by Bob Drake View Post
Could this mean that my state can infringe (violate, transgress-encroach, trespass) on my inherent right ever since the Big Bang to own a bang-bang?
No.

While the 2nd Amendment has not been incorporated under the 14th to be applicable upon the states the citizen's right to keep and bear arms is federally protected from state action simply by the nature of our form of government. The Constitution's promise to forever provide a republican form of government means certain conditions are inseparable components. One of those conditions is the armed citizen standing as reserve militia upon whom the states and the federal government rely for security.
"It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But, as already stated, we think it clear that the sections under consideration do not have this effect."

PRESSER v. STATE OF ILLINOIS, 116 U.S. 252 (1886)
Those "sections under review" was part of the Illinois state militia law, "which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, . . . "

Last edited by Europe Rick; 01-26-2008 at 04:32 PM.
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