2nd Amendment Does Not Apply to States

[DaveTN]

I am not beat till I draw my last ragged breath.

They aren’t going to kill you; let’s not get crazy.

This is where you and I disagree. I believe that in Tennessee, I do have the Right to bear arms, subject only to restrictions which are proved to reduce crime. I believe that the current TCA statues which limit those rights via the "Intent to go armed" clause are unconstitutional, and given the education of our voters, and the removal of enough Legislators who stand for usurping the rights of our Citizens, we have a chance to remedy that unconstitutional situation.

You and I are the same age. For our entire lives the 2<SUP>nd</SUP> amendment has been fought in the courts. Citizens will not have a right to carry guns (that they can exercise) in our lifetime. It just can’t happen. You will have a right to bear arms without a permit when and if the Tennessee legislature decides that is what they want to do.

Will the SCOTUS incorporate the 2<SUP>nd</SUP>? I don’t know. But I am absolutely sure that no matter what they do the people of Illinois and Tennessee won’t be strapping on their guns and walking down the street.

It doesn’t matter what happens in Chicago with the McDonald case. The Feds don’t have the authority or the ability to dictate to the states that their citizens can carry guns. If I am wrong and the people of Illinois are allowed to strap on their guns and walk down the street I will get on this forum and make a public apology for not knowing WTF I am talking about. But trust me when I say I’m not working on any rough drafts.

I don’t want you to think I’m making fun of this or that I don’t think people should be allowed to carry. I believe it is a right. Unfortunately the courts and our elected politicians do not agree with me.

[Worriedman]

<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:State w:st="on"><ST1:pTennessee< ST1:p< st1:State><?XML:NAMESPACE PREFIX = O /><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< font><O:p< O:p< p><O:p< O:p< p><ST1:p<st1:City w:st="on"><O:p< O:p< p></O:p<></ST1:p<st1:City>Law abiding Citizens can strap their guns on legally, and walk down the street in now. The ability to do so is limited to those who can pass a background check, (not sure that is a bad thing), take their class and pay the vig to the authorities. Crooks and thugs do it as well, just not with the approval of the State.

I never spoke to a Legislator till six years ago. Like a lot of folks, I was fat, happy and stupid, thought the guys in charge had my best interest at heart. I voted every time the polls opened for me to do so, but became weary of voting against things and people, instead of for them. I funded the NRA from time to time, called myself staying up on the happenings, but was remiss in my duties to my children and my Country. I did not believe one person could make a difference. I did not realize how poorly I had been educated to the facts of Government, to the nature of what a special gift our Republic was. Like the rest of the sheep, I heard the word democracy this and democracy that and thought that was a good thing.

Then I looked into the eyes of my first grandchild. I started planning for her future and realized just how awful and bleak it looks. I have labored mightily for a lot of years to lay by in store for my old age, and to gift some modicum of help to my children, but realized there are forces at work to steal that from me, and them.

I realized that some of the trash we have in seats of power now owe no allegiance to the ideal of Liberty, but are simply mad with the desire of power, a wish to control.

I studied then the history of our founding, and have looked to the best of my ability at what the men who had real character said and did to throw off the yoke of tyranny. In every instance, what was easy was the wrong thing to do, and it seems that the great ones chose the hard way, making tough decisions, placing their fortunes and very lives at risk for principal instead of choosing convenience.

I will never measure up to the Patrick Henrys and Samuel Adams that are the foundation on which this nation stands, but I will never again accept what is less than my birthright as an American because it is the easy thing to do.

I will question each law put forth in Nashville

I understand that our State Constitution says I have the right to keep and bear arms for my own defense, and the Second Amendment was put in place so that the Federal Government would fear to enslave the Citizens by keeping their nose out of that discussion. I intend to make sure that as many people as possible know the Constitutions, and hold our elected representatives accountable to it.

</O:p<></O:p<></O:p<></O:p<></O:p<></O:p<></O:p<></O:p<></O:p<></O:p<></O:p<></ST1:pTennessee<></st1:State>

Edited April 12, 2010 by Worriedman

[wjh2657]

"I will question each law put forth in <ST1:p<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:City w:st="on">Nashville</st1:City></ST1:p, (if the Second is incorporated to the States as I think, and hope, that is where the battle will be waged)."

The Second Amendment has been incorporated into the Tennessee Constitution. And 44 other states, including Illinois. The fight is in the laws passed that should be based on that constitution.

[Oh Shoot]

Law abiding Citizens can strap their guns on legally, and walk down the street in <st1:state w:st="on"><st1>:pTennessee</st1></st1:state> now. The ability to do so is limited to those who can pass a background check, (not sure that is a bad thing), take their class and pay the vig to the authorities. Crooks and thugs do it as well, just not with the approval of the State.<o></o>

<o></o>....

How are you getting all these :p's in some of your posts?

Are you cutting and pasting from some word processing program or something?

Do you ever preview your post before launching it?

Who won the '57 World Series?

- OS

Edited April 12, 2010 by OhShoot

[Guest That Guy]

This is only the beginning

[Worriedman]

How are you getting all these :p's in some of your posts?

Are you cutting and pasting from some word processing program or something?

Do you ever preview your post before launching it?

Who won the '57 World Series?

- OS

I am previewing every post, I do not see the dang things. I have no clue.

I did copy a section from Michie's this morning, but I paste that to Word, and chose "Keep Text Only". Last time I used them and pasted directly to the "reply to thread", it did the same thing, so TGO David sent me a PM, that was the first time I was aware it was happening, as I never see it on preview. I try hard to not let that happen, and he said to copy to a program and view it first to take whatever causes those things out, then I always preview, sometimes I get >>, but if I do I always delete them.

Sorry for the aggravation, BTW, I have not got a clue who won the '57 series, nor do I want to.

Edited April 12, 2010 by Worriedman

[Oh Shoot]

I am previewing every post, I do not see the dang things. I have no clue.

I did copy a section from Michie's this morning, but I paste that to Word, and chose "Keep Text Only". Lsst time I use them and pasted directly to the "reply to thread, it did the same thing, so TGO David sent me a PM, that was the first time I was a ware it was happening, as I never see it on preview. I try hard to not let that happen, and he said to copy to a program and view it first to take whatever casues those things out, then I always preview, sometimes I get >>, but if I do I always delete them.

Sorry for the agrivation, ...

This is very strange indeed, as they have now disappeared from the above post. Every one of them.

FireFox, btw.

- OS

[Worriedman]

"I will question each law put forth in <ST1:p<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:City w:st="on">Nashville</st1:City></ST1:p, (if the Second is incorporated to the States as I think, and hope, that is where the battle will be waged)."

The Second Amendment has been incorporated into the Tennessee Constitution. And 44 other states, including Illinois. The fight is in the laws passed that should be based on that constitution.

I was speaking to the current case before the U.S. Supreme Court, McDonald v. Chicago. The Second Amendment has yet to be incoporated to the States like the First has. It is my hope that it will be as a result of this case. Heller decided that the Second speaks to an individual right to keep and bear arms, but as DC is not a State, this second case was necessary.

We shall see in June when the ruling is made.

Incorporated or Not Incorporated?

1st Amendment: Fully incorporated.

2nd Amendment: No Supreme Court decision on incorporation since 1876 (when it was rejected).

3rd Amendment: No Supreme Court decision; 2nd Circuit found to be incorporated.

4th Amendment: Fully incorporated.

5th Amendment: Incorporated except for clause guaranteeing criminal prosecution only on a grand jury indictment.

6th Amendment: Fully incorporated.

7th Amendment: Not incorporated.

8th Amendment: Incorporated with respect to the protection agains "cruel and unusual punishments," but no specific Supreme Court ruling on the incorporation of the "excessive fines" and "excessive bail" protections.