Re: Denied Illinois FOID card Oz

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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.