Thursday, June 26, 2008

Second Amendment ruling. What does it mean?

The Supremes ruled and individuals have gun rights...

- The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

- The Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues.

- A handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment.

For many, nothing has changed. No guns in school zones, no machine guns, assault weapons bans where implemented, licensing requirements. All still the law!

The license requirement wasn't struck down. In theory, people can now go and ask for licenses. And they can't be turned down, unless the rejection is based on some reasonable criteria.

In regions of the country where firearm owners jump through hoops to obtain a handgun license, they will still jump through hoops.

However, the government will not be able to deny a license unless they can show just cause; such as mental illness or being a convicted felon.

Localities such as New York City, Chicago, and San Francisco will have to issue a handgun license to those who meet reasonable established standards.

Government will have to give a reasonable reason why your right to a firearm was denied. The local judge, sheriff, or government representative will not be able to deny a license because they are against civilians owning firearms.

No longer may local governments have a licensing system that does not issue licenses or only issue licenses to the politically connected.

Minimum licensing standards will have to be written!

It will be up to the government to prove you don't have the right to be armed, not you the individual, having to prove that right...


The New York State Rifle and Pistol Association may use the high court's decision to challenge the power of New York police to reject an applicant for any reason.


Within minutes of the high court's ruling, the Illinois State Rifle Association began the court fight to get Chicago's ban overturned as well.

In Chicago, unless your gun was purchased before the ban went into effect in 1982, it is illegal to possess a handgun within city limits. Only police officers, aldermen and a handful of others are exempt from the ban. While other firearms can be registered, under current law, handguns cannot be registered and are considered illegal.

The fight that began with the filing of a lawsuit against Mayor Daley and the city at 9:15 a.m. Thursday would take between 18 months and two years to resolve. If the Illinois State Rifle Association loses its lawsuit, it would appeal all the way to the U.S. Supreme Court.


The National Rifle Association also plans to file lawsuits in Chicago and several suburbs, as well as San Francisco, challenging handgun restrictions there based on Thursday's outcome.

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