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by baldeagle
Mon Jul 05, 2010 12:53 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: If licensed to carry, will the Feds come get my gun?
Replies: 77
Views: 10618

Re: If licensed to carry, will the Feds come get my gun?

cope wrote:An attempt to confiscate guns is already underway, but it is happening incrementally through legislation and regulation (see Chicago).

It is happening in blue states right now, and will eventually spill over into blue cities within red states (i.e. Austin), through local ordinances.

Deny it all you want, but it is happening right before our eyes.
No offense, but that's baloney. The attempt to take away citizens' guns began in the 1830's and got progressively worse until 1994, when the "assault weapon" ban was signed into law. Since the 1980's the pushback has increased until it culminated in two Supreme Court cases (Heller and MacDonald) that declared that the RKBA is a fundamental right. This means that for governments to infringe on that right requires what is called "strict scrutiny". A state must have a compelling interest, narrowly defined and not resolved through less restrictive means, before an anti-gun law will pass constitutional muster.

In the future you will see more and more Supreme Court cases concerning the 2A that will define exactly what states can and cannot do with regard to gun control measures. It goes without saying that it is now impossible to ban handguns without having the law struck down. It remains to be seen whatever measures will fail as well, but I think anything that is applied unequally or unfairly will surely fail to pass muster. (So look for "may issue" states to lose in court. May issue states are clearly discriminatory, in my view.) You may also find that CHL fees will be required to be "reasonable" and requirements to obtain a license may be required to be 'not onerous". Chicago's new proposed handgun ordinance (now that their ban has been found unconstitutional) will probably also be found unconstitutional in the breadth of its restrictions. The new DC ordinance, passed in the light of Heller, is already being challenged in the courts by Heller and may make it to the Supreme Court.

In short, the days of draconian anti-gun laws are gone, although some bitter clingers may continue to try until the Court slaps them down a few more times.

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