Time to Bust Some Panic Myths

[lanternlad1]

People, the ignorance and overreacting surrounding the Obama Gun Panic has gotten out of hand. Yes, we know he will do all he can. But let's not get crazy here.

Here are some things he CANNOT do:

Force a registration of weapons:

"The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573 [1944]"

Force a punitive tax of guns or bullets:
"A state cannot impose a license, tax or fee on a constitutionally protected right. Murdock vs. Pennsylvania 319 US 105 (1942)."


Anyone know any other such court outcomes? Please feel free to post them (with references) so that we can better educate ourselves and our community.

 

[John828]

Reminds me of that spiky haired lady in the nineties:

"Stop the insanity!!!"

Thanks for introducing some rationalities to the forum.

 

[greenr18]

"The right to bear arms shall not be infringed" and yet... here we are. Trust me, they'll weasel their way to doing whatever they want.

 

[Robocop]

What he said. All you need are the right judges.

 

[greenr18]

its pretty sad what this country is coming to

 

[mbpautz762]

thank you! it's because of the gun buying panic that I can't find a single M1a around here, after waiting and saving up for over a year. now that I can actually afford one, it's no longer available!

 

[jwmtx]

Anything that is made or instituted by man can be changed by man. Read my lips. James the Seer

 

[Hoppy590]

i think people are confusing legal legitimacy and gun control laws.

 

[LibShooter]

It's refreshing to hear the voice of reason.

We have recent Supreme Court decision and a Constitutional amendment protecting the RTKBA. Combine those with much more pressing issues facing the President and Congress, and I think we can chill.

Just one guy's opinion.

And in a few months... after the panic buying subsides there will probably be some good buys on scary black rifles.

 

[Slade797]

I'm not a believer in all of the paranoia, but I would say that rights are abridged every day in this country. Thus, to say he will or will not do something is unrealistic.

 

[greenr18]

but I would say that rights are abridged every day in this country

amen

 

[RockyMtnTactical]

"The right to bear arms shall not be infringed" and yet... here we are. Trust me, they'll weasel their way to doing whatever they want.

Exactly.

 

[lanternlad1]

"Thus, to say he will or will not do something is unrealistic."

I'm not talking about what he will or will not do. I'm talking about what he CANNOT do. We all know he'll try everything he can. But if we educate ourselves and throw "Its been tried before - remember the <someone> vs. <someone> of <year> case?" back in his face, he will realize that we are not a bunch of rednecks bitterly clinging to our guns and religion.

 

[John828]

Yes, I am particiating in this thread, but it is an inviting thread for a lock.

Anyway, after reading this post:

He does not have the right SCOTUS judges right now.
And the eventual replacements will cancel out each,lib for lib,God willing of course.
The drama continues.
Try reading or exercise.It may relax you.

I thought of this new soap opera title: The Obama Drama. So far it is a pilot, we'll see if the populace likes it enough to make it to syndication. PR is the key. Letters, phone calls and monetary support (to the 2A org of your choice except AHSA) seems to be the key. E-mails are too mundane ironically in this new electronic age--slactivism instead of activism.

 

[Cuda]

I don't trust politicans.


C

 

[OAKVILLE SHOOTER]

Force a punitive tax of guns or bullets:
"A state cannot impose a license, tax or fee on a constitutionally protected right. Murdock vs. Pennsylvania 319 US 105 (1942)."

Just curious, shouldn't this apply to the fees collected by states when they issue concealed carry permits? I mean, they are charging us for the right to carry.

 

[greenr18]

Just curious, shouldn't this apply to the fees collected by states when they issue concealed carry permits? I mean, they are charging us for the right to carry.

The fact not all states let you freely CC is an infringement upon the second amendment. Think about it, they can tell you how you can and cannot transfer something you're constitutionally entitled to own.

 

[RockyMtnTactical]

How long did DC have a gun ban that the SCOTUS finally overturned last year?? Not to mention, had those 2 most recent judges been appointed by Al Gore or John Kerry... the unconstitutional ban would still exist...

 

[lanternlad1]

"Just curious, shouldn't this apply to the fees collected by states when they issue concealed carry permits? I mean, they are charging us for the right to carry."

Feel free to use the information provided to get the fees overturned. However, you may tick off some state people and get CC thrown out of your state. Discretion, people. One enemy at a time.

 

[Harold Mayo]

Bad thing is, regardless of court decisions that have come before, the laws might end up getting passed and have to be challenged all the way to SCOTUS before they were dropped...

 

[RockyMtnTactical]

Good point Harold. The DC gun ban stood for 30 something years I believe. And if not for Heller pressing for the lawsuit (and the SCOTUS willingness to hear the case), it would also still stand (regardless of how the vote would go down in the end).

That doesn't count the unconstitutional laws regarding firearms that currently stand and are deemed acceptable by the majority of the politicians and people...

 

[Kansan]

"The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573 [1944]"


"A state cannot impose a license, tax or fee on a constitutionally protected right. Murdock vs. Pennsylvania 319 US 105 (1942)."

Not to be contentious here, but I see nothing in these quotations that would stop anyone from registering weapons or taxing ammo. Registering a weapon is not the same as registering a constitutional right. The right, as I understand it, is to keep and bear arms... not to keep and bear unregistered arms.

Ditto for a tax or fee... taxing ammunition isn't the same as taxing the right to keep and bear arms. In fact, ammunition is already taxed... it's called a sales tax.

I mean, your conclusion might be sound, but I'm not convinced by your evidence. Either way, I'm not too worried about registration (all my weapons are already "registered" on the military installations in which I have been stationed) or extra taxes for ammo. I DO wish that other people would stop believing it too so that I could find more ammo at my local Wal-Mart to horde!

 

[John_galt]

For the moment consider some facts on the ground for the Dems.

Political capital is like cash. Right now the Dems have a lot of it. But they are already slowing up with this stimulus bill, or whatever you call the thing. Poll yesterday showed 52% wanting private sector not government stimulus. He's used up some with the executive orders he's signed.

I think he will use up a lot of his good favor with that 8-9% advantage in the general election getting things done he wants more than the farther fringe elements of his party (yes, there are some to his left - shocking as it may be.) I think he may keep gun legislation simmering. I seriously question if he'll push hard on the issue given the beating the Dems took over the AWB in the 90's. I suspect the same thing happens to any variation of Fairness Doctrine. He's a politician, his desire for reelection & survival will rule the day. Opposition of those who support the 2nd A will do him more harm than the support of those who push for extreme gun legislation. Politicians will have an unusual ly strong understanding of history that cost them elections.

In the mean time it's to BO advantage to have us all on edge. In a nation this large, keep enough people on edge long enough, good chance something happens that gives them cover to pursue legislation they want, but won't go out oa limb for. His chief of staff gave the tip off when he was quoted about not letting a crisis go to waste, using it to get things done they otherwise could not.

Maybe I am wrong, time will tell. But I think his priority list will keep him awfully busy for a long time.

 

[John828]

Ever feel like an indentured servant? I have.


I owe 40K USD to them and every month they remind me that I have this debt. When I see my money spent on Woodstock museums, I get upset.

 

[Owen Sparks]

"The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573 [1944]"

I personally know of someone who went to prison for having an "unregistered" machine gun. A modified AR 15 to be exact. The same type as our nations service rifle.
The law means whatever the group in power says it means.