Sunday, August 29, 2010

What McDonald v Chicago Means To You

By: William M Lolli - Reposted from: Gun News Daily 

When I first read the Supreme Court decision in McDonald v Chicago, I had to control my emotions. Additionally, I was so excited, that my mind was racing in several directions at once, thinking:  How best can I report the astounding, pivotal nature of this decision to all gun owners?

At long last, since the NFA [National Firearms Act of 1934, the first major legislation that restricted firearm ownership which controlled and defined firearm types and taxed them], through all of the various state’s attempts to control guns [see Gun Laws by State ], the Gun Control Act of 1968, the Roberti-Roos Ban of 1989, and the list goes on--- FINALLY, the Supreme Court has AFFIRMED that the 2nd Amendment is a fundamental Civil Right.

Additionally, the opinion in McDonald was held and affixed to the Privileges or Immunities Clause of the Constitution which states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”.

So--- what does this mean to you? Quite simply, a great deal. So great a deal, in fact, that it would take me several editorials to outline the complete ramifications of the decision.
Let me cut to the chase and make a startling proposal: Go to that link [above] that references all of the restricting Gun Control Laws of the various states. Now think about how each one of the laws CAN AND WILL BE OVERTURNED or relegated into unenforcibility.

How? Well, consider that each of those state and local laws, like the ones that the City of Chicago has just enacted after the McDonald decision, infringes upon the civil rights of the gun owner. And let the term CIVIL RIGHTS VIOLATION sink deeply into your mind.
In his affirming of the majority decision, Justice Clarence Thomas expressed a legal construct linking the 2nd Amendment, the 14th Amendment, the Privileges or Immunities Clause, and a historical-legal narrative of gun ownership as the fundamental method of securing the rights and freedoms of freed-blacks from Jim Crow Laws, the KKK, and all other State and Local attempts to terrorize the newly freed citizens into submission.

Thusly, even the vaulted and beloved California Supreme Court affirmed Roberti-Roos Assault Weapon Ban is in fact a civil rights violation of the citizens of the United States.


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