2nd AMENDMENT
- Thread starter makar15
- Start date
The way it was always explained to me, and the way I always understood it was, State law overrides local or city law, and Federal law overrides everything. I just can't understand why they would pass an ordinance that prohibits owning a semi-auto handgun when a revolver can do the same as the semi, ya just have to reload it sooner.
jacobtowne
New member
Correct me if I'm mistaken, but the current challenges to the ordinance are not under Second Amendment issues, but rather state law.
JT
JT
Hugh Damright
New member
I believe that the Second Amendment limits only the federal government.
45 Long Colt
New member
The Bill of Rights enumerates rights that belong to free people as a matter of birth. These rights are not something government grants us ~ they are rights government cannot take away.
Therefore any law violating these rights is null and void, to a free person, and the government that passed such a law is no longer valid. It is a government of tyranny.
Of course, there's the practical matter of what kind of vicious action an invalid and tyrannical government might take to enforce it's contrary-to-natural-rights laws.
Just as in 1776, sometimes it takes stones to be free.
Some quotes in support:
"The beauty of the second amendment is that it will not be needed until they try to take it." - Thomas Jefferson
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
-Justice Jackson writing in a 1943 flag salute case
"A Bill of Rights that means what the majority wants it to mean is worthless."
-- Justice Antonin Scalia
"If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in any moral point of view, justify revolution."
- Abraham Lincoln in his first inaugural address, March 4, 1861.
"All laws which are repugnant to the Constitution are null and void."
- The Supreme Court of the United States in Marbury vs. Madison
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them,"
- The Supreme Court of the United States in Miranda vs. Arizona.
A right is not what someone gives you; it's what no one can take from you.
-Ramsey Clark, 1977 in the New York Times
"Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms.... The right of citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America but which historically has proven to be always possible." - Senator Hubert H. Humphrey
"The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest possible limits . . . and [when] the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."
- St. George Tucker, Judge of the Virginia Supreme Court 1803
"When you come for my guns, bring yours. You’ll be needing them."
-Larry Simoneaux
Therefore any law violating these rights is null and void, to a free person, and the government that passed such a law is no longer valid. It is a government of tyranny.
Of course, there's the practical matter of what kind of vicious action an invalid and tyrannical government might take to enforce it's contrary-to-natural-rights laws.
Just as in 1776, sometimes it takes stones to be free.
Some quotes in support:
"The beauty of the second amendment is that it will not be needed until they try to take it." - Thomas Jefferson
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
-Justice Jackson writing in a 1943 flag salute case
"A Bill of Rights that means what the majority wants it to mean is worthless."
-- Justice Antonin Scalia
"If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in any moral point of view, justify revolution."
- Abraham Lincoln in his first inaugural address, March 4, 1861.
"All laws which are repugnant to the Constitution are null and void."
- The Supreme Court of the United States in Marbury vs. Madison
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them,"
- The Supreme Court of the United States in Miranda vs. Arizona.
A right is not what someone gives you; it's what no one can take from you.
-Ramsey Clark, 1977 in the New York Times
"Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms.... The right of citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America but which historically has proven to be always possible." - Senator Hubert H. Humphrey
"The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest possible limits . . . and [when] the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."
- St. George Tucker, Judge of the Virginia Supreme Court 1803
"When you come for my guns, bring yours. You’ll be needing them."
-Larry Simoneaux
Because the people in SF don't believe they are part of the United States. Hell they don't think they are part of California either. So they don't have to follow rules like the Constitution and pre-emption and gay marriage bans.
I say we oblige them and treat them as secessionists. Send in General Sherman Jr. and burn the bloody place to the ground.
I say we oblige them and treat them as secessionists. Send in General Sherman Jr. and burn the bloody place to the ground.
Some states have 2nd Amendment language in their state constitutions. Unfortunately California does not. I do believe in response to this law in San Fran they are trying to get an inititive passed to add one. The state has up until now used this to say the 2nd Amendment only restricts the federal government from abridging our rights and not the states from doing so. So until the SCOTUS or the Ninth Circuit says otherwise, they'll keep at it.