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Re: Denied Illinois FOID card Oz
Posted by Prairie Dawg on 9/29/07

    But what happens if you're pooling tips?


    On 9/29/07, Tracy wrote:
    > I am no expert by far, but State government is under the control of the
    > Federal government. Example, when a state has corruption within its ranks,
    > who comes in to investigate it, the FBI, which is federal. With that said, I
    > believe that the United States Constitution was intended for the protection
    > of all the people in this country, and that it was not written, or intended
    > for the states, or any other person to change it, or to manipulate the
    > wording. Anyone violating the Constitution examples State elected officials,
    > or any other person’s would be committing an of act of treason and
    considered
    > un-American. The United States constitution was written for the people, and
    > these people live in States who make up the Federal government. All states
    > with those people in them are bound to Federal laws, as well as elected
    > officials. Foid cards are in no doubt a violation of the federal and
    Illinois
    > constitutional laws; and any elected official who voted on foid cards within
    > the State has committed treason against the constitution. Remember that all
    > elected officials swear under oath to protect and up hold the Constitution.
    I
    > must add that Illinois has a constitution, and it has adopted the law from
    > the Federal constitution on firearms. The State is violating the
    constitution
    > by making you obtain a Foid card, or seizing your guns with out solid
    > evidence to back up a sesure, no question about it.
    >
    > ARTICLE I
    > BILL OF RIGHTS
    > SECTION 22. RIGHT TO ARMS
    > Subject only to the police power, the right of the individual citizen to
    > keep and bear arms shall not be infringed.
    > (Source: Illinois Constitution.)
    >
    >
    >
    >
    > On 9/28/07, friend of NRA wrote:
    >>> On 9/28/07, DILLER wrote in part:
    >>
    >>> Foid cards in my opinion violate the United States Constitution. You
    >>> have a right to bare arms and shall not be infringed; it says nothing
    >>> about firearm identification cards, or any other requirement. Stop them
    >>> from dismantling the Constitution.
    >>
    >> The applicability of the Second Amendment is often misunderstood. Its
    >> guarantee applies only to the federal government not to state government.
    >> Over the years, much of the US Constitution has been made applicable to
    >> the states by the terms of the 14th Amendment, but still, only certain
    >> parts of it apply to states and the 2nd Amendment is one part that does
    >> not apply to states. For example, the 5th Amendment is now applicable to
    >> the states except for the part where it says "No person shall be held to
    >> answer for a capital, or otherwise infamous crime, unless on a presentment
    >> or indictment of a Grand Jury[.]" That part does not apply to the
    >> states. The 5th Amendment has been applied to states piece by piece over
    >> the last 150 years. Believe it or not, it was not until 1969 that the
    >> double jeopardy clause of the 5th Amendment was applied to state trials by
    >> the decision in Benton v. Maryland, 395 U.S. 784, and the self-
    >> incrimination clause did not apply to state trials until the early
    >> twentieth century. Likewise, the first sentence of the 7th Amendment
    >> says "In Suits at common law, where the value in controversy shall exceed
    >> twenty dollars, the right of trial by jury shall be preserved[.]" That
    >> does not apply to states. As I said above; none of the 2nd Amendment
    >> applies to states. Don't confuse your federal US constitutional rights
    >> with your rights under state law regarding firearms.
    >>
    >> I make no judgment about your opinion on gun control but want to point out
    >> that the US Constitution does not forbid any type of gun control by the
    >> states, thus, the Illinois FOID card can not be a violation of the 2nd
    >> Amendment. The framers of the Constitution were concerned that the
    >> federal government not take away the right to bear arms from the citizen
    >> militias created by the states. They were not at all concerned at the
    >> time the 2nd Amendment was written about state gun control. It is
    >> unlikely that the Supreme Court will ever hold that the 2nd Amendment
    >> applies to states.

     
     

 
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