On the question of legalities...

Hello everyone,

I just wanted to adress something in particular that has been bugging me for the last couple of weeks and I wanted to get some opinions from the more informed members of this community.

It has to do with the legality and constitutionality of recent actions by the govt. Yes, I am WELL aware that there are MANY things they've done that can be considered illegal, but this one strikes more closer to home than you think.

A while back, I remember that the IL state govt. had been trying to persuade/bribe people into turning in their personal weapons in return for a $200.00 check, or some such ridiculous nonsense. Now that was probably about 5 years ago before I moved to GA. The obvious reason for this event? to disarm people obviously, their excuse was that it would reduce gun violence, apparently the IL governors and mayors think that only the police have the ability to defend the people, and that regular people are too dumb or irresponsible to handle a gun. Ironically though, criminals and thieves did not show up to this event to turn in their guns... gee I wonder why?

That being said, I have not kept much up to date with the affairs in IL, but I do remember hearing either on the news or from another source, that there has indeed been a permanent gun ban in the state of IL and that no resident is to have a gun in their home. I need to know a couple of things.

Number one, I'd like an actual confirmation of this ban

Number two, I am very well aware that this ban violates the second ammendment, and as such deemed unconstitutional. Does this act alone not make this gun ban null and void? If such is the case, then this gun ban cannot in fact be enforced legally, am I correct?

One of the reasons I'm asking this question, is because I do plan on moving back to IL (I'm just honestly not happy here in GA) and I want to make sure I understand what kind of hell I should be preparing myself for.

[edit on 25-10-2008 by Question]

I don't know if its real or not - frankly I doubt it, as it would be national news.

As for the legality, were such a thing to occur, the Supreme Court found in District of Columbia et al. v. Heller (2007) that owning a gun for reasons unrelated to being in a militia and having one for personal protection was in line with the Second Amendment, and as such any generalized gun ban is illegal. That doesn't mean you can have any gun you want, as in United States v. Miller, 307 U.S. 174, the banning of assault rifles and other weapons was upheld.

However, were any state or locality simply to ban guns doesn't mean you can waltz in brandishing rifles. Someone has to get caught breaking the law, bring a case, and then have the court rule in favor of knocking the law down before it technically becomes unconstitutional. Until that happens, its still the law and you can still be punished for it, until such a time that someone gets standing and is able to bring a case.

[edit on 25-10-2008 by LowLevelMason]

Oh, I understand the laws regarding guns in the public eye and as to what guns you can own, I understand that and I would for the most part keep any guns at home. Now I myself do not own any guns though, I do own several swords though (some are for decoration, but some are actually battle-ready swords).

In any case, I want to make sure and understand whether they actually did go through with this since it seems like a huge violation of the second ammendment.

Now I honestly don't care whether all of the IL population all of a sudden was brainwashed into believing that having a gun ban was ok. It doesn't matter, it's unconstitutional either way and respect has to be given to those of us that still believe in upholding our constitutional rights.