Wednesday, January 25, 2012

Second Amendment Clarity

I was just thinking of the confusion that arises in the minds of our Law Enforcement folks.  What a dilemma?  On one hand the State of Illinois is telling them that Subject only to the power of the legislature the Illinois citizen has the right to keep and bear arms (RKBA).  “We the legislature make the rules and the citizens are to follow our laws.”  “The police are to enforce our rules!”  On the other hand some chiropractor and a host of petitioners from Podunksfield, way south of Chicago where the important Rulers live, is telling them that the RKBA is a fundamental right that shall not be infringed by any government agent, local, state, or Federal.

Now that is a fair question.  It deserves a reasonable answer!  So let’s see what we can come up with… 

The officer is just trying to do his job, which can be really risky, then go home to his family and try to be a good dad or mom that their kids and family can look up to.  Now the State in all its wisdom comes along and says you must ENFORCE our edicts.  You are to leave the thinking part to the elected officials and/or bureaucrats and judges who are to determine how you think.  The honchos say, “you will enforce the FOID act and Unlawful Use of Weapons Act because it’s the law.  As an officer of the law your job is to follow orders.”  

Each officer is charged to uphold and defend the Constitutions of Illinois (IC) and the US.  Therefore you have to read the US Constitution (USC) and Bill of Rights or the IC and its Article 1 Bill of Rights.

Then you have this chiropractor, with no law degree, trying to say that he and all mankind have a fundamental, God given right to keep and bear arms and that the FOID card and all laws disarming the law abiding public are void.  So it is a fair question.

The Second Amendment (2A) to USC states, “…the right of the People to keep and bear arms, shall not be infringed.”  The Illinois Bill of Rights states, “Subject only to the police power (power of the legislature), the right of the individual citizen to keep and bear arms shall not be infringed.  Here is our first conundrum.  The 2A has no enforceable preface, while the Illinois Constitution states, “Subject only to the [legislative power]. . .  So which one has authority when there is a clash?

We better have good authority or we will be in trouble.  The answer is found in the Sixth Article of the USC, paragraph 2, wherein it states:
“This Constitution . . . under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

So it would appear that any laws made contrary to the Constitution of the United States are void.  At least that is the way it reads to me.  Since the Illinois Constitution is more restrictive, then it should be safe to say that the USC will prevail.  Further see McDonald vs. Chicago and you will see that the US Supreme Court agrees that 2A applies against the states.

Let’s pretend for moment that a judge has written an order of protection on behalf of some threatened soul.  Now in this order it states, “The property of Joe Schmoe shall not be infringed by Iam Sly, widget maker.”  Now that is simple enough.  Even for a chiropractor with no law degree.  The order states, “shall not be infringed.”  Now you, as Law Enforcement Officer, need to enforce this order. 

Now how far is Iam Sly allowed to step or encroach onto Joe Schmoe’s property?  Is it one inch or four feet?  Or perhaps he can go up to the door?  Or maybe one step into the house?  What constitutes an infringement?

Infringement – A breaking into; a trespass or encroachment upon; a violation of a. . . rightSee also Encroachment; Trespass. (Black’s Law Dictionary, 6th Edition)

So if you are to enforce this order, how far onto Joe’s property is Iam Sly allowed to go?  You are a sworn police officer, with training, and the respect of your friends and family and the general public.  You passed certain criteria in the course of your training.  You must have exhibited some measure of common sense.  However I, a legal amateur, would say he is not to even touch the property line.  Isn't this order written so that Iam Sly, a widget maker, can understand it as well?

That brings us to the FOID card, and all these unconstitutional laws that the Chicago Rulers have foisted on the People.  What are you, the Law Enforcement Officer, going to do when it comes to enforcing what is an obviously unconstitutional law?  Will you say, “My commander said to enforce it no matter what?”  My boss said, “You will follow the law of our Chicago Rulers no matter what.” 

Remember, our founding documents were written to be understood by the common person with common understanding.  How much more clear can it get?  Will you the Law Enforcement Officer tell your children, or the guy in the mirror, “I was just following orders?”

It states, "Shall not be infringed."  How is that for clarity?
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