@oralloy,
OmSigDAVID wrote:“The right of the whole people,
old and young, men, women and boys, and not militia only,
to keep and bear arms of every description,
and not such merely as are used by the militia,
shall not be infringed, curtailed, or broken in upon,
in the smallest degree;
and all this for the important end to be attained:
the rearing up and qualifying a well-regulated militia,
so vitally necessary to the security of a free State.
Our opinion is, that any law, State or Federal, is repugnant
to the Constitution, and void, which contravenes this right,
originally belonging to our forefathers
spendius wrote:That means that all requirements to apply for any sort of licence
to " bear arms of every description" are unconstitutional.
oralloy wrote:Depends on whether you are talking shall issue or may issue.
Well, maybe for the immediate present,
in the short term, but Justice Scalia made a particular point
in
HELLER that the citizen freely opted
NOT to challenge
the legitimacy of licensure and that, accordingly,
the USSC was
not addressing that issue,
(whose legitimacy remains to be adjudicated in future litigation)
the point being that as no one needs to have a
license
to stay home from Church if he doesn't wanna go,
so also he does not need any license
to exercize his other Constitutional Rights,
including defense of his life and of his other property.
Accordingly, I expect that all licensure will
fall,
as being violative of the Constitutional requirement
of "equal protection of the laws" especially concerning
such
FUNDAMENTAL RIGHTS as freedom to defend your life from violence,
or
to put the point in different words:
“The right of the whole people,
old and young, men, women and boys, and not militia only,
to keep and bear arms of every description,
and not such merely as are used by the militia,
shall not be infringed, curtailed, or broken in upon,
in the smallest degree. . . ." Supreme Court of Georgia
in Nunn v. State, 1 Ga. 243, 251 (1846), as adopted by
the US Supreme Court in
D.C. v. Heller
554 US 290; 128 S.Ct. 2783 (2008)
It remains for the USSC to unite the right to bear arms
with the right to travel and for the Court to apply
the "equal protection" clause together with the 2nd Amendment.
This will have the effect of
completely annihilating gun control
in America, restoring the original personal freedom of the
status quo ante,
so that every citizen will have as easy access to guns of their taste, as to Bibles or to the Wall St. Journal.
David
