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District Attorney declares most state gun laws unconstitutional

Discussion in 'The Constitutional & RKBA Forum' started by nffritos, Jul 2, 2010.

  1. nffritos

    nffritos Active Member

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  2. wpage

    wpage Active Member

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    That should be interesting.
  3. Terry_P

    Terry_P New Member

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    I love this quote from the article:

    Using the tactics of the left against them.
  4. Old Grump

    Old Grump New Member

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    Wish he was my district attorney.

    Just dos centavos from an old dinosaur but I think most gun laws passed since the constitution became the law of the land are unconstitutional.

    In 1837 Georgia passed a law banning handguns. The law was ruled unconstitutional.

    Every gun law since then should have been thrown out just like that one was.
  5. lentz

    lentz Former Guest

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    Run him against obama in 2012
  6. Trouble 45-70

    Trouble 45-70 New Member

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    Unconstitutional or not, if you are charged, it will cost you a pretty penny fighting it even if you know you will win.
  7. hogger129

    hogger129 Active Member

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    Now if only the SCOTUS could see it this way.
  8. Bobitis

    Bobitis Guest

    A very good reason for loser pays.:cool:
  9. 199er

    199er New Member

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    A law like that would go a long way to leveling that playing field!!
  10. belercous

    belercous Former Guest

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    Mr. Fox has an opinion, and it counts for squat. If he can convince a District Court judge, and a Circuit Court judge, he may have swomething but only in that judicial circuit. McDonald held no law unconstitutional, it merely stated that handgun ownership cannot be banned and remanded the case to the trial court for review in light of the ruling. Of course, Chicago's handgun prohibition will be found unconstituional, but the Wisconsin laws cited are still constitutional under McDonald. Read the case.
    McDonald was a very narrow ruling which dealt only with handgun possession in the home. It did not deal with anything more. Not concealed carry, transportation, knives, possession in bars or public buildings. Mr. Fox is quite optimistic, although mistaken (as of today, under the McDonald holding). I wish he were correct, but it is quite a stretch to say that McDonald permits concealed carry, it just ain't in the Court's opinion.
    I hate to be such a wet blanket, but that's reality.
  11. nffritos

    nffritos Active Member

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    "I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:
  12. belercous

    belercous Former Guest

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    Certainly Mr. Fox can decline to prosecute cases, that is within his purview. What is not within his puriew is declaring laws unconstituional. SCOTUS is the final arbiter on that. Mr. Fox has obviously not read the McDonald and Heller decisions. A first year law student could tell you that neither Heller nor McDonald held that concealed carry (or the other 4 Wisconsin laws) were held unconstitutional. (Nor technically was Chicago's handgun ban. Although for all practical intents, it was)
    Don't get me wrong, I wish he were my D.A. as I live in Illinois where C.C. is banned. But I certainly wouldn't hire him to defend me using his legal theory.
  13. Trouble 45-70

    Trouble 45-70 New Member

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    Agree, Looser pays. Problem is suers are a major constituency group of the members of congress. That's why we can't get Tort reform either.
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