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Re: Denied Illinois FOID card
Posted by friend of NRA on 9/29/07

    On 9/29/07, Tracy wrote in part:

    > I am no expert by far, but State government is under the control of the
    > Federal government.

    You have described a form of government common around the world but exactly
    the form of government that the framers of the Constitution feared. They
    recognized the need for a form of central government but did not want to vest
    unlimited power in that central government. The system of government they
    created is commonly called "federalism."

    The concept of federalism is contained in the 11th Amendment. The 11th
    Amendment says: "The powers not delegated to the United States by the
    Constitution, nor prohibited by it to the States, are reserved to the States
    respectively, or to the people."

    The 2nd Amendment is a limitation only on the power of the federal government,
    it does not apply to state governments. Therefore; state governments retain
    the power of gun control to themselves. If the 2nd Amendment ended with the
    phrase "the right of the people to keep and bear Arms, shall not be infringed
    by the [states or federal government]" it would apply to the states.

    The Illinois Constitution is controlling in the matter of gun control and if
    the Ill. FOID card violates the Ill. Constitution you should pursue your case
    under that theory. However, if you go around saying that the FOID card
    violates your 2nd Amendment rights under the US Constitution you will be
    incorrect and appear quite uninformed.

    I would hope that any first year law student would have an understanding of
    federalism.

     
     

 
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