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2nd Amendment Questions

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I decided to take 3 hours out of my day today and read the entire U.S. Constitution. This is the first time I was able to read it all. Now lets get down to it.

 

2nd Amendment - The Right to keep and bear arms, shall NOT be infringed.

Defined

Bear - To Carry

Infringed - Made to be a law or violation

 

With that in mind carrying an arm is legal in the sense of the (??federal law??)

 

(??State Law??)

Carry Permit - which I would guess is to make carrying an arm a privilage, somewhat like the NJ drivers license.

Defined

Privilage - A Special Right or benefit granted to a person

 

This seems unconstitutional due to the fact that in NJ you can't get a carry permit, unless you fit a certain criteria. (so if you think about it, they are denying you of the right to carry)

 

Now in Article 5, section II of the U.S. Constitution says:

The citizens of each state shall be entitled to all privilages and immunites of citizens in the several states.

Defined

Entitled - To furnish a right

 

So it would seem to me, that even if the carry permit was a privilage, we would still be entitled to exercise our right to carry. (which I would think is also unconstitutional)

 

With that said, this brings me to my final point.

 

Gibbons v. Ogden 1824 Supreme Court Ruling

 

When a federal and State law are in conflict, the federal law is supreme.

 

So with that said, if you went to apply for a carry permit and were denied, can you argue it in court, and make your way to the supreme court to argue your point that it is unconstitutional to not allow law abiding citizens to carry.

The tide does seem to be turning to more constitutional gun laws at the Federal level. I didn't think I'd ever say that by the way.

 

The key will be incorporation of 2A. All sorts of crazy isht will go down if SCOTUS decides that issue. Which it should given there is a circuit court split on Inc 2A.

 

NJ and a few other blue states are not the norm on gun laws these days. Perhaps there is hope?

  • Author

sent this to the NRA-ILA, curious to see what they think about it.. :lol:

  • Author

watch this. Or just watch towards the end. specifically at 34.10.

 

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