"Gun Control Laws" ways to fight them?

D

Dead

New member
Ok there are ALOT of gun control laws, all of which should be deemed invalid based on the 2nd. (hahaha like that is going to happen)

Know that this, couldnt we fight these "laws" based on violation of other Amendments/Constitution??? For instance the 14th Amendment??

Amendment XlV
Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
 
We need a GOOD supreme court case..

Certain "fundamental rights" have been "incorporated" by this amendment. For example with the first amendment the SC recognizes these rights (free speech, freedom of religion, etc) as FUNDAMENTAL rights and has basically told the states, "You can't violate these because of the 14th Amendment. There has been no SC case that establishes the RKBA as fundamental rights yet. When there is and if the SC finds the RKBA to be a right like the rights in the 1st and 4th, etc. then in theory that should overturn most state laws concerning gun control.

Try "The Second Amendment Primer" by Les Adams. Great little book. Explains the history, evolution and legal aspects of the second amendment in terms we "non-lawyers" can understand.

Try:

http://www.palladiumpress.com/PRI001.htm

I got mine through an order form published in "American Rifleman" so I think NRA may carry it on their web site too.
 
Damn I had a really good thought this morning (early) and now I can NOT remember it???? ugh :(

Oh yeah, reading the 14th, I noticed that it says "person", seeing how certain "persons" have MORE protections of the law extended to them than others, we should ALL have the same as those, no????
 
Intersting I would love to see how that plays out, on CCW in Cali. Looks like a definate win for us. That being the case I will have to file a suit in my State... :D
 
One way is to stop using *their* language. The title of this topic should not have been "Gun Control" but "gun prohibition" or better, "gun rights infringement."

I went to a shoot where the shooters were talking about their "assault weapons." It's a friggin' rifle.

For more ideas, go to http://www.gunlaws.com


Rick
 
jargon

It's not an assault rifle, it's a home defense rifle. There's no such thing as "High capacity" mags. They're Regular Capacity, because that's how they were designed...

handgun, semi-auto = sidearm
Concealed Carry = Right to Carry
You're not a Gun Nut, you're pro-rights..

Etc...

There was a website somewhere with the "correct terminology" but I can't find it in my bookmarks.

Dead, didn't you know that?!?! Person and People mean exactly that in the 1st, 4th, 5th, 9th and 10th, except in the second, people = National Guard.

At least that's what the anti's are teaching! :mad:
 
I just think it is sad. Two sets of rules for the exact same thing. One for things they "like" right now (not to be held true in the future), and things they are absulotey affaird of. (The Armed People). Wonder why the latter bothers them??? ;)
 
I'm surprised nobody has done a simple straightforward challenge:

0. Be an upstanding citizen with a clean record.
1. Buy an M16 above-board with all the Class III paperwork and pay the required $200 tax.
2. Sue for return of the $200 tax on 2nd Amendment grounds (a right taxed is a right infringed).

Virtually all other approaches dance around the central issue and get distracted by other concerns.
 
Hasn't the SC ruled that you can't mount a constitutional challenge until you've been convicted? Technically, they only hear "appeals"?
 
hmmm now where did I leave that spare 8k laying around???? I think even getting an AC556 would constitute a "Milita" arm, as it is listed as "Offically" adopted by the US Military in one book I have. :) I think I could charge one of those :)
 
The best way to beat gun control laws is to ignore them. You want a flash reducer to keep you from being blinded by muzzle flashes should you be forced to protect yourself (or your children) at night? Get one. You want a sound reducer to protect you kid's hearing when learning how to shoot? Get one (for the children you know). You want to mount a collapsable stock to make your rifle easier to store in your vehicle? Mount one. You want a machine gun? Get one.

If they passed laws that nobody observed, just how successful would those laws be? If prosecutors couldn't obtain convictions and instead only got hung juries, how many of those crimes would they spend money to prosecute?
 
I disagree.
The benefits of a MG over a wholly-legal no-paperwork semi-auto do not compare with the 10-years-in-prison consequence of having an unregistered MG.
Just ain't worth it. Some battles aren't worth fighting.
 
I was wondering that after GW posted two more conservative justices do this. Now don't get me wrong I would not want to do this there is no way I am getting traded for cigarettes. Build an AR-15, convert it to full auto. Get caught with it. Take the case all the way to the top on the grounds that an m16 is a militia weapon. Could this in theory work?
 
Umm....

By running it up to the SC on the grounds that it's a "militia" weapon, that would still be saying that the Second Amendment only applies to a "militia", or that only "militia" related firearms are allowed.

So then, they'll start banning anything that isn't officially recognized as a "militia" weapon.

Not a good way to go, because then they could ban knives, batons, canes, etc.

And remember, the words say "..the Right of the People to Keep and Bear Arms shall not be infringed." It is NOT limited to just firearms. Arms includes ANY weapon, like knives, swords, clubs, batons, machine guns, mace, blackjacks, canes, staff, ANYTHING. After they get the guns, they'll move on to something else.
 
Thing is, if we don't have a favorable ruling on militia arms there's no way we'll get a favorable ruling on anything else.

As for civil vs. criminal case: in a criminal case, the feds can drop the appeals at any point (as has happened), while in the civil case the feds can't halt the appeals - thus the civil case is the only one likely to reach the SC _and_ it won't be tainted by the criminal overtones.
 
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