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Re: Denied Illinois FOID card
Posted by paula on 7/07/08

    The right to keep and bear arms, RKBA,[1] or right to bear arms is the concept that people,
    individually or collectively, have a right to weapons. Today this is usually interpreted to
    mean personal guns or the arming of a state militia. This is an important concept in the
    United States, where the right is protected in the Second Amendment to the United States
    Constitution, drafted in 1791, and where the right derived from popular conceptions of
    English law around the American Revolution, including a tradition of local militias, a common
    law right to possess weapons, the English Bill of Rights (1689) and a statute, the Assize of
    Arms, dating back to 1181.

    Civilian usage definition:

    The people's right to have their own arms for their defense is described in the philosophical
    and political writings of Aristotle, Cicero, John Locke, Machiavelli, the English Whigs, and
    others.[10] Though possessing arms appears to be distinct from "bearing" them, the possession
    of arms is recognized as necessary for and a logical precursor to the bearing of arms.[11]
    Particularly in the event of oppression or slaughter of people by governments or racial
    majorities, researchers have noted that exercise of the right to bear arms internationally is
    intrinsically linked to a people's ability to possess them.[12]

    In commentary written by Justice Cummings in United States v. Emerson, the United States
    Court of Appeals for the Fifth Circuit concluded in 2001 that:[13]

    "there are numerous instances of the phrase 'bear arms' being used to describe a civilian's
    carrying of arms. Early constitutional provisions or declarations of rights in at least some
    ten different states speak of the right of the 'people' [or 'citizen' or 'citizens'] "to bear
    arms in defense of themselves [or 'himself'] and the state,' or equivalent words, thus
    indisputably reflecting that under common usage 'bear arms' was in no sense restricted to
    bearing arms in military service."[14]

    The bearing of arms by civilians in this sense is exercised in Israel to prevent terrorist
    attacks on grade schools.[15]

    Similarly, in a released Senate report on the Right to Keep and Bear Arms, Senator Orrin G.
    Hatch, chairman, U.S. Senate Judiciary Committee, Subcommittee on the Constitution, states:

    They argue that the Second Amendment's words "right of the people" mean "a right of the
    state" — apparently overlooking the impact of those same words when used in the First and
    Fourth Amendments. The "right of the people" to assemble or to be free from unreasonable
    searches and seizures is not contested as an individual guarantee. Still they ignore
    consistency and claim that the right to "bear arms" relates only to military uses. This not
    only violates a consistent constitutional reading of "right of the people" but also ignores
    that the second amendment protects a right to "keep" arms. "When our ancestors forged a
    land "conceived in liberty", they did so with musket and rifle. When they reacted to attempts
    to dissolve their free institutions, and established their identity as a free nation, they
    did so as a nation of armed freemen. When they sought to record forever a guarantee of their
    rights, they devoted one full amendment out of ten to nothing but the protection of their
    right to keep and bear arms against governmental interference. Under my chairmanship the
    Subcommittee on the Constitution will concern itself with a proper recognition of, and
    respect for, this right most valued by free men."[16]

    Likewise, the Supreme Court of the United States affirmed in District of Columbia v. Heller,
    No. 07-290, that "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."


    On 6/29/08, FOID SYSTEM IS UN-CONSTITUTIONAL wrote:
    > That’s exactly what I mean, you stated this” I think you did some time in a rubber room
    > and now they won't let you own a gun” Just because one person at the State Police decides
    > you are a mental reject for some reason, don’t you think they should have proof, or do you
    > think the State police should decide their decision on your religion, sex, color, or
    > assumptions the officer compiled from your past enemies, trying to cause you pain, or
    > Information from some stranger? Scenario what if I said to the state police I thought you
    > were a mental case, do you feel that’s enough information for the State Police to refuse
    > your rights? I have never been in a rubber room, if I had, I would agree with you about
    > having a gun. I just think the State police should have some kind of legal proof that
    > confirms denial of a foid card, not hear say from some nut case talking garrabage about
    > you. That captain America stuff is funny; you seem to be an ok person, just different
    > views then me.
    >
    >
    >
    > On 6/28/08, -- wrote:
    >> On 6/28/08, FOID SYSTEM IS UN-CONSTITUTIONAL . wrote:
    >>> On 6
    >>> Illinois Government should stop violating the constitution and abide to it. 75&37; of
    >> the
    >>> United States agrees with the Supreme Court decision concerning the second amendment.
    >>> Now here’s a thought, why not get rid of the foid card system in Illinois and for
    >>> those 25&37; of the people left over that dis-likes the constitution, and the Supreme
    >>> courts decision, I suggest you leave Illinois and the country, then go to some other
    >>> country where guns are banned to live your life, then there is no hassle for anyone.
    >>> See that’s what is so great about the United States constitution; it protects your
    >>> rights as a citizen to leave this country and join some communist country if you’re
    >>> into that sort of thing, giving up your rights.
    >>
    >> OK Captain America, below are all the questions asked on the Illinois FOID application
    > (+
    >> they of course want your; name, address, physical description and age)
    >>
    >> Tell all of us Commie pinkos what it is that is unconstitutional about this application
    >> form and why you think it is un-American for Ill. to require that you supply this info
    > to
    >> buy a firearm?
    >>
    >> I think you did some time in a rubber room and now they won't let you own a gun so you
    >> are wrapping yourself in the Constitution and telling everyone who agrees that nut jobs
    >> shouldn't own a gun to leave the country.
    >> ****************************
    >> 1. Place of Birth
    >> 1a. Are you a United States citizen or a naturalized citizen?
    >> 2. Have you ever been convicted of a felony?
    >> 3. In the past 5 years, have you been a patient in any medical facility or part of any
    >> medical facility used primarily for the care ortreatment of persons for mental illness?
    >> 4. Are you addicted to narcotics?
    >> 5. Are you mentally retarded?
    >> 6. Are you subject to an existing order of protection which prohibits you from
    > possessing
    >> a firearm?
    >> 7. Within the past 5 years, have you been convicted of battery, assault, aggravated
    >> assault, violation of an order of protection, ora substantially similar offense in which
    >> a firearm was used or possessed?
    >> 8. Have you ever been convicted of domestic battery or a substantially similar offense
    >> (misdemeanor or felony)?
    >> 9. Have you ever been adjudicated a delinquent minor for the commission of an offense
    >> that if committed by an adult would be a felony?
    >> 10. Are you an alien who is unlawfully present in the United States?
    >> 11. Have you ever been adjudicated as a mental defective?

     
     

 
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