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Last post 11 years ago by strikeanywhere. 243 replies replies.
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What martial law in America looks like
jimbud Offline
#101 Posted:
Joined: 12-18-2009
Posts: 3,998
Ditto
jimbud Offline
#102 Posted:
Joined: 12-18-2009
Posts: 3,998
Once again, stole this from Wade. No credit taken for juxtaposing these quotes.

This today from Bloomberg:

““But we live in a complex world where you’re going to have to have a level of security greater than you did back in the olden days, if you will. And our laws and our interpretation of the Constitution, I think, have to change.....It really says something bad about us that we have to do it. But our obligation first and foremost is to keep our kids safe in the schools; first and foremost, to keep you safe if you go to a sporting event; first and foremost is to keep you safe if you walk down the streets or go into our parks,” he said. “We cannot let the terrorists put us in a situation where we can’t do those things. And the ways to do that is to provide what we think is an appropriate level of protection.”

This from Benjamin Franklin 1775:

They that can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
ZRX1200 Offline
#103 Posted:
Joined: 07-08-2007
Posts: 60,673
jimbud Offline
#104 Posted:
Joined: 12-18-2009
Posts: 3,998
ZRX1200 wrote:


Yeah, I ripped from Wade, Z, but didn't want to do it until he said it was okay. Didn't hear from him until today and didn't bother to reword the intro. Still offensive though.....
teedubbya Offline
#105 Posted:
Joined: 08-14-2003
Posts: 95,637
The house to house search in watertown is still the most disturbing part to me (other than the actual bombing of course). I'm starting to see more and more video where it appears to me the police can pretty much enter our homes, hold us at gun point and trample our rights all because a bad guy may be in the area. Bad juju and it seems folks don't really care as long as in the end they get the bad guy. It's the same overreaction that got us the patriot act everyone was so comfy with under Bush but now have realized is ****.

Armed men enter your basement while others pound on the side and front doors. Let's say you are not fully aware of what's happening but you do happen to have a gun or guns for protection..... ummmmmm
HockeyDad Offline
#106 Posted:
Joined: 09-20-2000
Posts: 46,199
Martial Law isn't so bad as long you're the one enforcing it.

The citizenry needs to know its role and shut its hole.
teedubbya Offline
#107 Posted:
Joined: 08-14-2003
Posts: 95,637
I think it is only appropriate that I make mine a waffle cone
HockeyDad Offline
#108 Posted:
Joined: 09-20-2000
Posts: 46,199
^agreed!
tailgater Offline
#109 Posted:
Joined: 06-01-2000
Posts: 26,185
If you were out of town and your wife or daughter was being held at bay by a terrorist, you'd all see this differently.

Buncha whining alarmists.

If you watch the video, the residents were allowed to leave.
The lockdown was an attempt to catch the motherfuker who planted a bomb next to an 8 year old boy who is now dead.

That house was cleared by the cops because their information told them it was suspect. I'm shocked that people can't grasp the gravity of the situation.

You're outraged at the wrong people, folks.

A terrorist blows up your kid and you're angry because the cops inconvenienced your afternoon soaps?

Whining paranoid bitches.
KPP Offline
#110 Posted:
Joined: 07-30-2008
Posts: 11,723
^ Big And one to that.....well put. I'd voiced my opinion elsewhere and didn't feel like copy & pasting.

dpnewell Offline
#111 Posted:
Joined: 03-16-2009
Posts: 7,491
tailgater wrote:
If you were out of town and your wife or daughter was being held at bay by a terrorist, you'd all see this differently.

Buncha whining alarmists.

If you watch the video, the residents were allowed to leave.
The lockdown was an attempt to catch the motherfuker who planted a bomb next to an 8 year old boy who is now dead.

That house was cleared by the cops because their information told them it was suspect. I'm shocked that people can't grasp the gravity of the situation.

You're outraged at the wrong people, folks.

A terrorist blows up your kid and you're angry because the cops inconvenienced your afternoon soaps?

Whining paranoid bitches.


So, what you're saying is, if next week, some sick deranged piece of trash kills an 8 year old kid, and the police thought that he MAY be hiding in YOUR house, you would have no problem with 2 dozen para-military officers busting into YOUR home without a warrant, sticking guns in YOUR family’s faces, forcing YOUR family into the street at gun point, and then illegally searching YOUR home.

Sad that you wouldn’t have a problem with it. Some of us would, and if that makes us whining paranoid bitches in your mind, so be it.
8trackdisco Offline
#112 Posted:
Joined: 11-06-2004
Posts: 60,106
tailgater wrote:
If you were out of town and your wife or daughter was being held at bay by a terrorist, you'd all see this differently.

Buncha whining alarmists.

If you watch the video, the residents were allowed to leave.
The lockdown was an attempt to catch the motherfuker who planted a bomb next to an 8 year old boy who is now dead.

That house was cleared by the cops because their information told them it was suspect. I'm shocked that people can't grasp the gravity of the situation.

You're outraged at the wrong people, folks.

A terrorist blows up your kid and you're angry because the cops inconvenienced your afternoon soaps?

Whining paranoid bitches.


Wow. Can't disagree more.

If everybody knows that coming onto your property, or into your house uninvited, and will get a shotgun sandwich, that should be the fault of the person crashing down the door.

Sounds like you are turning into a Bloomberg, cowering puss at same time you claim Boston Strong?

Unless I specially have done something so heinously illegal (and not by today's ....there might be a bad guy around, so Uncle Sam's all-black army can do whatever the hell they want standard), stay the pluck off of my property and out of my home.

Lock and load, have the approaches covered, and if it is going bad, I'll dial 911 and continue to defend. When I need help, I'll ask for it.

Get your backbone back Tailgator. You've always struck me as being a self reliant, proud, independent man. Don't let a couple of third world dirtybags turn you, and the descendants of the original American patriots into the next section of pussified Americans ready to trade ther liberty for what the government decides for you is today's version of safety, and what is best for you.

Get up.
8trackdisco Offline
#113 Posted:
Joined: 11-06-2004
Posts: 60,106
dpnewell wrote:
So, what you're saying is, if next week, some sick deranged piece of trash kills an 8 year old kid, and the police thought that he MAY be hiding in YOUR house, you would have no problem with 2 dozen para-military officers busting into YOUR home without a warrant, sticking guns in YOUR family’s faces, forcing YOUR family into the street at gun point, and then illegally searching YOUR home.

Sad that you wouldn’t have a problem with it. Some of us would, and if that makes us whining paranoid bitches in your mind, so be it.


You should have posted this ten minutes earlier. It wold have saved me some time.
jpellegrin Offline
#114 Posted:
Joined: 11-16-2012
Posts: 1,027
Welcome to the Socailistic Government that the American people voted for twice.
HockeyDad Offline
#115 Posted:
Joined: 09-20-2000
Posts: 46,199
"Boston Strong" is a nice PR campaign to help erase the memory of "shelter in place".
TMCTLT Offline
#116 Posted:
Joined: 11-22-2007
Posts: 19,733
KPP wrote:
^ Big And one to that.....well put. I'd voiced my opinion elsewhere and didn't feel like copy & pasting.






????



Well said David......Russ!!!
KPP Offline
#117 Posted:
Joined: 07-30-2008
Posts: 11,723
My post was pretty clear cut Paul. I agreed with tailgater. So many hypotheticals being tossed around here there's no point in wasting more time discussing it, as the what-ifs could go on forever. In THIS situation and the hunt for THIS sick ****, I don't see anything wrong with what transpired.

If you agree with the whiners, your opinion isn't likely to change. Mine isn't either.
strikeanywhere Offline
#118 Posted:
Joined: 01-23-2009
Posts: 358
It all depends on how you interpret this:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Seems pretty cut and dry to me. You call us whining paranoid bitches, yet you don't even seem to grasp your Bill of Rights. If you're fine waiving your rights, that's your prerogative, but don't force your fears and insecurities on us. Your rights end where mine begin, and vice versa. The Bill of Rights tells us those actions should be illegal, and by that, I stand.
strikeanywhere Offline
#119 Posted:
Joined: 01-23-2009
Posts: 358
Tailgater, there's just so much irony in your post.

You call us names. You live in an area that celebrates "Patriot's Day", but now I wonder how many people up in that area even know what "Patriot's Day" is supposed to be about? An early ballgame at Fenway and the marathon? Riiiight. You're ready to waive your rights that people fought and died to secure. Maybe your "Patriot's Day" is more about celebrating the "Patriot Act" because that's about the only sensible conclusion I can draw from your post.

None of us were saying the actions of the bombers weren't heinous. That's not the subject of the thread. It's about martial law and the government acting as if the Fourth Amendment does not exist or apply.

Maybe an appropriate solution would be to setup states where your government protects you. You can turn in your guns and let the police "protect" you as they see fit. The rest of us whining, paranoid bitches can grasp our guns and our Bill of Rights in the other states.
jpotts Offline
#120 Posted:
Joined: 06-14-2006
Posts: 28,811
jimbud wrote:
Ripped off from Wade, BTW.


Read the below and then check out this video.  This was done over a 20 block area of Boston, allegedly. The video really brings it home.

WATERTOWN, MA -- On Friday, April 19, 2013, during a manhunt for a bombing suspect, police and federal agents spent the day storming people's homes and performing illegal searches. While it was unclear initially if the home searches were voluntary, it is now crystal clear that they were absolutely NOT voluntary. Police were filmed ripping people from their homes at gunpoint, marching the residents out with their hands raised in submission, and then storming the homes to perform their illegal searches.


An illegal search only means something if the police decide to arrest the owner of the home for harboring a fugitive.

If the police found 30 kilos of meth in any of those homes, they could not prosecure the owners because the evidence would have been obtained fraudulently.

I think a lot of this is also subject to Mass. law, as it was not federal authoroties who did the search, but the Boston PD.
jpotts Offline
#121 Posted:
Joined: 06-14-2006
Posts: 28,811
strikeanywhere wrote:
Seems pretty cut and dry to me. You call us whining paranoid bitches, yet you don't even seem to grasp your Bill of Rights. If you're fine waiving your rights, that's your prerogative, but don't force your fears and insecurities on us. Your rights end where mine begin, and vice versa. The Bill of Rights tells us those actions should be illegal, and by that, I stand.


Well, uh, you'd be wrong.

The Bill of Rights only applies to the federal government. It may or may not apply to state governments. The FBI - to my knowledge - was not in charge of the manhunt, but the Boston PD. That then becomes an issue for state law. I'm pretty sure that most states already have laws on the books the deal with the apprehension of dangerous criminals

But hey, if you want to willingly take into your home and protect a guy who just killed several people, and maimed others, and then think you can stand on your Constitutional rights when you harbor the fugitive, knock yourself out.

And yeah, you are a whiny b*tch. And kinda dumb too...
HockeyDad Offline
#122 Posted:
Joined: 09-20-2000
Posts: 46,199
jpotts wrote:
But hey, if you want to willingly take into your home and protect a guy who just killed several people, and maimed others, and then think you can stand on your Constitutional rights when you harbor the fugitive, knock yourself out.


Based on the aftermath of the searches, it appears nobody took the fugitive into their home.
jpotts Offline
#123 Posted:
Joined: 06-14-2006
Posts: 28,811
HockeyDad wrote:
Based on the aftermath of the searches, it appears nobody took the fugitive into their home.


Well, the boat could be considered a home with outdoor plumbing.
HockeyDad Offline
#124 Posted:
Joined: 09-20-2000
Posts: 46,199
jpotts wrote:
Well, the boat could be considered a home with outdoor plumbing.



Only in Mississippi.
jpotts Offline
#125 Posted:
Joined: 06-14-2006
Posts: 28,811
HockeyDad wrote:
Only in Mississippi.


LOL.
strikeanywhere Offline
#126 Posted:
Joined: 01-23-2009
Posts: 358
jpotts wrote:
Well, uh, you'd be wrong.

The Bill of Rights only applies to the federal government. It may or may not apply to state governments. The FBI - to my knowledge - was not in charge of the manhunt, but the Boston PD. That then becomes an issue for state law. I'm pretty sure that most states already have laws on the books the deal with the apprehension of dangerous criminals

But hey, if you want to willingly take into your home and protect a guy who just killed several people, and maimed others, and then think you can stand on your Constitutional rights when you harbor the fugitive, knock yourself out.

And yeah, you are a whiny b*tch. And kinda dumb too...


So now I'm dumb? Why don't you do a quick Google search to see if the FBI was involved. I'll save you some time -- they were.

If State Law trumps Federal Law, then why are Colorado and Washington still waiting to see how the Federal government is going to handle the passing of their marijuana law (or lack thereof).

Don't tell me I'm dumb when you obviously need to check your facts and educate yourself.

State Law does not trump Federal Law. Are you serious?

Article VI, clause 2:

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

If that does not satisfy you, this is a Supreme Court ruling:

Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)

And if you're too lazy to check my statement about the involvement of the FBI:

http://online.wsj.com/article/SB10001424127887324493704578432030609754740.html

"Police and Federal Bureau of Investigation agents converged on a house here around 7 p.m., officials said."

If you watch the video at that link, you can clearly see their uniforms say "FBI" not "Boston Police Department" or even "BBI".
strikeanywhere Offline
#127 Posted:
Joined: 01-23-2009
Posts: 358
jpotts wrote:
An illegal search only means something if the police decide to arrest the owner of the home for harboring a fugitive.

If the police found 30 kilos of meth in any of those homes, they could not prosecure the owners because the evidence would have been obtained fraudulently.

I think a lot of this is also subject to Mass. law, as it was not federal authoroties who did the search, but the Boston PD.


This is such an ignorant statement. The Fourth Amendment does not protect against unreasonable seizures ONLY, it protects against unreasonable searches and seizures.
strikeanywhere Offline
#128 Posted:
Joined: 01-23-2009
Posts: 358
jpotts wrote:
But hey, if you want to willingly take into your home and protect a guy who just killed several people, and maimed others, and then think you can stand on your Constitutional rights when you harbor the fugitive, knock yourself out.


Have you even read the discussion? Nobody is talking about harboring a terrorist. We're talking about the police and FBI coming into our homes without any evidence and without a warrant. Their intel obviously wasn't that good in the first place because the scumbag was outside the perimeter they setup.

I never said I could harbor a terrorist and stand on my Constitutional rights. If he tried to enter my home, he would have been turned into Swiss cheese.
ZRX1200 Offline
#129 Posted:
Joined: 07-08-2007
Posts: 60,673
The homeowner caught him not these "searches" the police then proceeded to shoot up his boat on an unarmed suspect who managed to shoot himself in the neck to commit suicide?

Great stuff.
wheelrite Offline
#130 Posted:
Joined: 11-01-2006
Posts: 50,119
ZRX1200 wrote:
The homeowner caught him not these "searches" the police then proceeded to shoot up his boat on an unarmed suspect who managed to shoot himself in the neck to commit suicide?

Great stuff.


Barney Fife...
teedubbya Offline
#131 Posted:
Joined: 08-14-2003
Posts: 95,637
If you had a kilo of coke on your coffee table when they came in you are going yo jail. It's in plain sight at that point.

If you shoot at the person entering your basement you are likely dead because the other cops will tear you apart.

If you answer the door and tell the cops the dude isn't in there that should be sufficient.

Bad ju ju
teedubbya Offline
#132 Posted:
Joined: 08-14-2003
Posts: 95,637
I'd let then in though because I'd lose a battle with ten or twelve cops in armor.
jpotts Offline
#133 Posted:
Joined: 06-14-2006
Posts: 28,811
teedubbya wrote:
I'd let then in though because I'd lose a battle with ten or twelve cops in armor.


No, you'd show up to answer the door in in your best lingerie because you're a sucker for a man in uniform.
teedubbya Offline
#134 Posted:
Joined: 08-14-2003
Posts: 95,637
Your apology is accepted.
SMGBobbyScott Offline
#135 Posted:
Joined: 07-24-2012
Posts: 3,328
jpotts wrote:
An illegal search only means something if the police decide to arrest the owner of the home for harboring a fugitive.

If the police found 30 kilos of meth in any of those homes, they could not prosecure the owners because the evidence would have been obtained fraudulently.

I think a lot of this is also subject to Mass. law, as it was not federal authoroties who did the search, but the Boston PD.



Ummmm....wrong! Since the searches were not random, they were considered legal according to SCOTUS and anything that they find in the course of their investigation can be used. Although they are unlikely to bother UNLESS they use it as leverage to gain further information.

jpotts wrote:
Well, uh, you'd be wrong.

The Bill of Rights only applies to the federal government. It may or may not apply to state governments. The FBI - to my knowledge - was not in charge of the manhunt, but the Boston PD. That then becomes an issue for state law. I'm pretty sure that most states already have laws on the books the deal with the apprehension of dangerous criminals

But hey, if you want to willingly take into your home and protect a guy who just killed several people, and maimed others, and then think you can stand on your Constitutional rights when you harbor the fugitive, knock yourself out.

And yeah, you are a whiny b*tch. And kinda dumb too...


Very little of the Constitution does not also apply to state governments as well. It is true that certain elements do not apply but those are few and far between. Search and seizure falls within the federal rights...
wheelrite Offline
#136 Posted:
Joined: 11-01-2006
Posts: 50,119
teedubbya wrote:
If you had a kilo of coke on your coffee table when they came in you are going yo jail. It's in plain sight at that point.

If you shoot at the person entering your basement you are likely dead because the other cops will tear you apart.

If you answer the door and tell the cops the dude isn't in there that should be sufficient.

Bad ju ju


Mmmm COKE,,,
jpotts Offline
#137 Posted:
Joined: 06-14-2006
Posts: 28,811
strikeanywhere wrote:
So now I'm dumb? Why don't you do a quick Google search to see if the FBI was involved. I'll save you some time -- they were.

And if you're too lazy to check my statement about the involvement of the FBI



Yeah, you're dumb.

Police surrounded the boat and there was a standoff for about an hour and a half. A State Police helicopter peeked at him from above, using a special infrared camera. Police deployed “flash bang” grenades to stun and distract him, Davis said. Police were cautious in their approach, concerned that Tsarnaev could be wearing a suicide bomb vest.

Yeah the FBI was there. The FBI hostage team actually pulled the guy out of the boat. That doesn't mean the FBI had jurisdiction, or the FBI was in charge as of the moment the guy was captured. The FBI was there because it was most likely a terrorist bombing, it was a high-profile manhunt, and offered up some teams that the Boston PD needed (they do that, you know). But without a motive, they most likely don't really have jurisdiction. In fact, they do not have the manpower to pull off that kind of manhunt, period.

They do get jurisdiction if the criminals cross state lines (which they didn't), do something to a federal facuility (which they hadn't), were terrorists or spies (no one knew that at that point), kidnapped someone (which they carjacked someone, but that is a state felony I believe), or are a major drug dealer (which they weren't). There might have been some federal charges concerning explosives, but those usually get leveled after the perp is caught. The known crfimes were murder, conspiracy to commit murder, and so on. Those are STATE felonies.

On the other hand, what Timothy McVeigh did was an attack on a federal building, and in that instance - because a federal building was involved - they CLEARLY had jurisdiction.

strikeanywhere wrote:
If State Law trumps Federal Law, then why are Colorado and Washington still waiting to see how the Federal government is going to handle the passing of their marijuana law (or lack thereof).

State Law does not trump Federal Law. Are you serious?


Because there are federal drug laws that conflict with state laws. Which is why they are waiting to figure out what the federal government will do. Duh.

Unfortunately, the federal government doesn't have a law enforcement agency large enough to execute violations of federal controlled substance laws, so they cannot go after the users. The can, however, go after the distributors. But the problem is that most of those agencies have to work with state and local agencies to execute warrants and arrests. And that's where the conflict lies.

You can argue that the federal laws are unconstitutional, and you'd probably be correct, but that example is a horrible example to cite. A better argument would be one about the gun debate. If federal laws need to be respected in the states, why do virtually ALL of the states have laws that protect individual gun ownership? If federal law superceeds state law, there's no point to put that in there. The point of those protections is because under state law, those rights need to be protected.


strikeanywhere wrote:
Don't tell me I'm dumb when you obviously need to check your facts and educate yourself.


Ok, will the word "stupid" suffice? I got about twenty different words that I can use to call you dumb, and about fifty-thousand ways to call you dumb in thirty words or less. Let me know your preference.
dkeage Offline
#138 Posted:
Joined: 03-05-2004
Posts: 15,161
wheelrite wrote:
Mmmm COKE,,,

But no weed to mellow da buzz???Brick wall
teedubbya Offline
#139 Posted:
Joined: 08-14-2003
Posts: 95,637
Your apology is accepted.
SMGBobbyScott Offline
#140 Posted:
Joined: 07-24-2012
Posts: 3,328
The FBI was in charge of the investigation from very shortly after it was determined the the explosions were intentional.
jpotts Offline
#141 Posted:
Joined: 06-14-2006
Posts: 28,811
SMGBobbyScott wrote:
Ummmm....wrong! Since the searches were not random, they were considered legal according to SCOTUS and anything that they find in the course of their investigation can be used. Although they are unlikely to bother UNLESS they use it as leverage to gain further information.


Anything they find in the course of their investigation can be used? I'll buy that.

The problem you run into is that the investigation at this point was for a bomber, not a drug dealer, and the drug dealer is not the buy being sought, or is involved with the bomber. If the drug dealer is willingly harboring the bomber, trhen yeah they can nail that guy on drug charges as well.

But they'd have to prove that the drug dealer was helping the bomber.
jpotts Offline
#142 Posted:
Joined: 06-14-2006
Posts: 28,811
SMGBobbyScott wrote:
The FBI was in charge of the investigation from very shortly after it was determined the the explosions were intentional.


Ok, so I'm wrong.

But the guy still is dumb.
strikeanywhere Offline
#143 Posted:
Joined: 01-23-2009
Posts: 358
You're funny.

Did you completely ignore all the references to show the State Law does not trump Federal Law.

You should have saved yourself the time on the dissertation about a state police helicopter, jurisdiction, and yada yada. We all know that, and police agencies from other states got involved. So what? Federal Law is still the law of the land. Those searches were a violation of the Fourth Amendment. That's the point.

No need for childish name calling. I enjoy debate, but your rhetoric indicates your insults are better used to describe yourself.
jpotts Offline
#144 Posted:
Joined: 06-14-2006
Posts: 28,811
strikeanywhere wrote:
You're funny.

Did you completely ignore all the references to show the State Law does not trump Federal Law.


No.

That's a very long, and ongoing argument. I guess you missed that reference as well, which still makes you dumb.

The Bill of Rights, for all basic purposed, is federal law. And if you are correct, that means all of those states do not have to enact specific rights into their constitutions to protect gun rights, but they do. So when the federal government passes a law prohibiting certain guns, it violates state constitutional protections (not to mention federal protections).

If federal law was top-down, there would be no need to state constitutions to protect the rights of gun ownership, as federal law would already have that covered.

Duh.

strikeanywhere wrote:
You should have saved yourself the time on the dissertation about a state police helicopter, jurisdiction, and yada yada. We all know that, and police agencies from other states got involved. So what? Federal Law is still the law of the land. Those searches were a violation of the Fourth Amendment. That's the point.

No need for childish name calling. I enjoy debate, but your rhetoric indicates your insults are better used to describe yourself.


I wouldn't refer to them as childish. That seems like a dumb thing to say.
strikeanywhere Offline
#145 Posted:
Joined: 01-23-2009
Posts: 358
You are making the assumption that just because they exist, they are necessary.

States enact gun laws because the constituents feel like their rights are more protected when they exist -- they aren't necessary. The supremacy of the Second Amendment over state law was recently upheld by the Fed App. Court. They ruled IL's State ban on concealed carry was unconstitutional. So how does that work?
SMGBobbyScott Offline
#146 Posted:
Joined: 07-24-2012
Posts: 3,328
strikeanywhere wrote:
You are making the assumption that just because they exist, they are necessary.

States enact gun laws because the constituents feel like their rights are more protected when they exist -- they aren't necessary. The supremacy of the Second Amendment over state law was recently upheld by the Fed App. Court. They ruled IL's State ban on concealed carry was unconstitutional. So how does that work?


The 2nd Amendment requires some state law/regulation in order to be effective...otherwise, how would you have a well regulated "state militia"???
strikeanywhere Offline
#147 Posted:
Joined: 01-23-2009
Posts: 358
SMGBobbyScott wrote:
The 2nd Amendment requires some state law/regulation in order to be effective...otherwise, how would you have a well regulated "state militia"???


Laws to organize/regulate the militia, yes. His point was that the laws were to protect gun rights. There are many gun owners who are not members of a state militia whose rights are protected by the Second Amendment.
SMGBobbyScott Offline
#148 Posted:
Joined: 07-24-2012
Posts: 3,328
strikeanywhere wrote:
Laws to organize/regulate the militia, yes. His point was that the laws were to protect gun rights. There are many gun owners who are not members of a state militia whose rights are protected by the Second Amendment.


You are by default a member of the state militia if you are a citizen and a gun owner...for better or worse. There are "levels" like CWP that get defined into law, but all fall under the umbrella.
strikeanywhere Offline
#149 Posted:
Joined: 01-23-2009
Posts: 358
SMGBobbyScott wrote:
You are by default a member of the state militia if you are a citizen and a gun owner...for better or worse. There are "levels" like CWP that get defined into law, but all fall under the umbrella.


I'm not saying I disagree with this statement, but what is your source or precedent to make this claim?

In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court ruled that the Second Amendment "codified a pre-existing right" and that it "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" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose". They also clarified that many longstanding prohibitions and restrictions on firearms possession listed by the Court are consistent with the Second Amendment.
teedubbya Offline
#150 Posted:
Joined: 08-14-2003
Posts: 95,637
Potts the drug user need not be helping the bomber the drugs simply need to be in plain sight during the search.

You are welcome.
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