Date(s) of the 1st unConstitutional Arms laws

Discussion in 'Legal' started by Harve Curry, Apr 21, 2009.

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  1. Harve Curry

    Harve Curry Member

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    My question is during the history of the Untied States when and where were the first laws written that vilolated "the shall not be infringed " part of the 2nd Amendment??

    I haven't researched this but my guess would be any unconstitutional laws came after the deaths of the Founding Fathers, and most of them were post Civil War, and mostly on the frontier west of the Mississippi.
     
  2. Art Eatman

    Art Eatman Moderator In Memoriam

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    I've never looked into whatever ordinances were passed in eastern cities, "way back when". However, SFAIK, state-level repression came about during Reconstruction and then with the Jim Crow laws.
     
  3. Still Too Many Choices!?

    Still Too Many Choices!? Member

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    1934 NFA, taxing of a fundamental right...
    1986 Closing of the MG registry based on an arbitrary date, and thusly invalidating the NFA's tax scheme basis.

    Until the Supremes rule on the scope of the Second, I'll say that all import bans, and even the State bans are legal, unless a complete ban like in DC, or the case of the closed registry.
     
  4. Husker_Fan

    Husker_Fan Member

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    Concealled carry was outlawed in several of the states leading up to and after ratification, and they were enforced. There are some things our founding fathers did not believe were protected by the 2A (like CC) that some people today claim are protected.
     
  5. Harve Curry

    Harve Curry Member

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    Husker_Fan ,
    That is interestimg. Please qualify that.
     
  6. Kharn

    Kharn Member

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    Harve Curry:
    It was believed back in the day that anyone with honest intentions would have no problem openly displaying their arms, only a criminal would feel the need to conceal their weapon from other people.

    Kharn
     
  7. Husker_Fan

    Husker_Fan Member

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    Kharn is right, but I don't have cites to the original ordinances, but I read them long ago. I'll look tonight.

    If you look at the historical discussions in the Heller decision, there is some interesting stuff. For instance "bear arms" had a distinctive military/militia meaning, but "keep arms" does not. The anti side tried to lump keeping and bearing into a single right that would have been restricted to military/militia contexts. They failed, and the SCOTUS held that Heller had a right to keep a handgun in his home and accessible for defense.

    Back then, the idea that a right to "bear arms" included CC would've been very odd.
     
  8. Phatty

    Phatty Member

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    Until the 14th Amendment was ratified, the only way that a law could have infringed the 2nd Amendment was if it was passed by the U.S. Congress. So you can simplify your search of the first 100 years by ignoring any state or local laws.
     
  9. Husker_Fan

    Husker_Fan Member

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    That's true, but most state constitutions include statements very similar to the 2A.
     
  10. JImbothefiveth

    JImbothefiveth Member

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    I believe gun control in the U.S. was a means to control slaves.
     
  11. Tom488

    Tom488 Member

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    Not quite. From the time of ratification, to the Supreme Court case of Baron v. Baltimore (1833), the Supremacy Clause of the USC bound state judges to the USC, including all of it's amendments.

    I consider Baron v. Baltimore as one of the worst decisions ever put forth by the USSC, as it completely ignores the above clause in the USC, and determined that the BoR (and really, the entire USC) did not apply to the individual states.

    So, the 1833 decision opened up the ability of the states to "infringe" that which was not to be infringed. The NFA of 1934 was the first federal law to infringe on the un-infringable right.
     
  12. Dave J

    Dave J Member

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    I'm new member , interesting stuff, but now I'm really confused. Can someone make it easier
     
  13. Dave J

    Dave J Member

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    I'm new member , interesting stuff, but now I'm really confused. Can someone make it easier
     
  14. Dave J

    Dave J Member

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    I'm new member , interesting stuff, but now I'm really confused. Can someone make it easier
     
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