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Author Topic: Judge: No right to Bear Operable Firearms outside of home  (Read 297 times)

Online nor

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Judge: No right to Bear Operable Firearms outside of home
« on: February 19, 2012, 09:58:30 PM »
This Illinois case (Moore v Madigan) has been appealed to the US Supreme Ct.  The Judge has ruled that Heller only said you have the right to keep and bear operable firearms arms in your home for self defense, and carrying an operable firearm outside of the home (ie., concealed carry) can be prohibited.  Read here and click on the RED text for a pdf of her actual ruling:

http://newsbusters.org/forum/latest-news/sue-myerscough-rules-no-right-bear-arms-outside-home


At page 47:
Because this Court has determined that individuals do not have a Second Amendment right to bear arms outside of the home, this Court finds that the UUW and the AUUW statutes—which only regulate firearm possession outside of the home—do not infringe on Plaintiffs’ Second Amendment rights. See Heller, 554 U.S. at 635 (holding only that the Second Amendment affords individuals a right to bear arms “in the home” and explaining that the Second Amendment “elevates above all other interests the right of . . .
citizens to use arms in defense of hearth and home”). Therefore, Plaintiffs’ Amended Complaint does not present a viable Second
Amendment claim.
Alternatively, as discussed earlier in this Opinion, even if this Court were to assume that there is a Second Amendment right to bear arms outside of the home and the challenged statutes interfere with that right, the statutes survive constitutional scrutiny. Consequently, Plaintiffs’ Second Amendment challenge to the UUW and AUUW statutes is not sufficient to state a claim. See Fed. R. Civ. P. 12(b)(6). Plaintiffs’ claim must be dismissed. See Tamayo, 526 F.3d at 1084.
VI. CONCLUSION





« Last Edit: February 19, 2012, 10:12:46 PM by nor »


Offline MadSmith

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #2 on: February 20, 2012, 08:06:59 AM »
Ahh, the Chicago Way.  Which the Chicago President and his gang of thugs would want to impose on the entire nation.  A national kelptocracy.
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Online RC35

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #3 on: February 20, 2012, 08:35:10 AM »
Did I miss the part in the constitution where your inherent rights are only applicable in your home?

Can't wait to see what else will become limited as rights you are welcome to excercise anytime you like as long as you'r?e in the confines of your own home.

Offline Musket

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #4 on: February 20, 2012, 08:46:27 AM »
Did I miss the part in the constitution where your inherent rights are only applicable in your home?

Can't wait to see what else will become limited as rights you are welcome to excercise anytime you like as long as you'r?e in the confines of your own home.

Didnt you get the memo? Its right next to where you can only have guns for hunting and "sporting purposes" like the liberal left keeps telling us........

Online sbhaven

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #5 on: February 20, 2012, 01:08:55 PM »
This isn't' too shocking. It was going to happen after the word's "such as" was used to give an example of a traditionally lawful purpose for owning/using a firearm in the Heller decision. Judges will ignore the use of the words "such as" and state that firearms can only be used for home self defence, which flies in the face of the Heller decision.

The judge chose to play games with how "shall not be infringed" from the 2nd Amendment is interpreted, and how this statement; "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" from the Heller decision is interpreted. Anti gun people, since they have to focus on the militia portion of 2A to make their arguments hold water, selectively read that line from Heller and drop the words "such as" so they can support their arguments that firearms are only self defence in the home.

Online GreggAndrews

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #6 on: February 20, 2012, 01:12:54 PM »
Alright, I've read through this about four times, and this is BULLSHIT.

Other than how fundamentally wrong this is, I can't begin to think of an appropriate response other than to move for their discharge from office.  >:(
Sometimes you just have to Cowboy Up.

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #7 on: February 20, 2012, 06:18:39 PM »
reading the words "Illinois Judge" explained this judge's bias and frackin' ignorance of the 2A. 
semper gumby - always flexible.

Online GreggAndrews

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Re: Judge: No right to Bear Operable Firearms outside of home
« Reply #8 on: February 20, 2012, 10:32:50 PM »
Quote
reading the words "Illinois Judge" explained this judge's bias and frackin' ignorance of the 2A. 

I agree with that!
Sometimes you just have to Cowboy Up.