If a state violates my rights?

[SaintofKillers]

If the state of Illinois violates my rights in the 2nd and 14th amendments, is thier legal recourse through the federal courts?? Isnt this a violation of my civil liberties? ( I am not a legal scholar and have not a clue about the law) I was considering writing a letter to the US Attorney General and tell them about how Illinois is planning on passing laws that violate the constitution. Any feedback??

 

[bad_dad_brad]

SaintofKillers,

First off, that is a pretty spooky online nickname. What does it mean?

Secondly, the interpretation of the 2nd amendment by the courts, state and federal, is dicey at best. You will find no friends in the judicial system.

Thirdly, no lawyer will represent you in a no win situation unless you have zillions of dollars to spend.

Hey, only Slammin Sammy Sousa can sue the State of Illinois.

I plan on moving out of Illinois when I can.

 

[MN_Strelok]

Ever hear of Morton Grove? Go read the gleeful description of their gun ban ordinance here (on the PD site, no less). Pay special attention to the quotes from our courts.



"Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."

-- Illinois Constitution, Article I, Section 22

 

[Double Naught Spy]

Is it a violation of your rights? Maybe. That depends on whose opinion you solicit. bad_dad_brad is right in that the interpretation is dicey.

You can write a letter to the AG, but keep in mind that such paths have been and continue to be actively by pro gun groups such as the NRA. States can pass laws that limit the 2nd and these laws are often held up in court at the local, state, and federal levels.

 

[Mr. James]

MN_Strelok,

Wow.

That is the singularly most disgusting thing I've ever seen posted on a web site by a governmental agency in these United States. The High Road's rules prevent me from commenting further.

God help us all.

Thank you for posting this - those [no good sons of estrogenic canines].

 

[SaintofKillers]

Bad-Dad-Brad

Name is from a comic book, the guy was a gunfighter who when he died took the place of the angel of death. The comic is the PREACHER the character is a noble one (in my opinion) who damned himself for avenging the death of his wife and daughter.

I figured this would be a difficult avenue to persue, thanks for the advice.

 

[Jim March]

If the USSC ever gets around to declaring the 2nd Amendment a no-BS individual right, this all changes .

Bigtime .

Another thing: note how the Morton Grove case relies on Presser vs. Illinois for the proposition that the Feds cannot enforce the 2nd Amendment against the states. Funny thing, that: Presser (1886) says that all right, but it's just a quick re-hash of the earlier Cruikshank USSC decision (1876), which first defined the idea.

So why didn't they cite Cruikshank?

Because ooops, somebody might have noticed what Cruikshank was really about :

http://www.ninehundred.com/~equalccw/lockyeroncrack.html