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Firearms, Rights and Illinois

October 22, 2009

Why did the “case” judicial ruling come down right alongside a law change (182)? One could argue that they came hand in hand on purpose. That sparks of collaboration between like minded entities. It most certainly doesn’t seem like a mere coincidence. How can it be? It’s not.

How does the Heller decision fit into this picture? After all, it was a pretty declarative ruling, a landmark ruling of profound importance, much of which has yet to be understood by so many who dismiss the Constitution itself.

So was it a “I’ll scratch your back if you scratch mine” kind of thing? Did it take one to make the other legit? Well, kinda, but it goes way deeper than that.

I would state, as a matter of fact, that what started out as SB182 was passed and signed into law because the legislature and the executive knew that the “case” ruling was going to happen.  I would go further and say they knew what the ruling was going to be.  They also knew that If it was legal If they knew it was not illegal to put a firearm in a center console of a vehicle, with a loaded magazine beside it, then the vast majority of the people who did so would be deemed criminals instantly anyway…

Here’s why.

I go to my buddies house. I have not seen him in a good while and I want to show him my newest pistol. After all, I had it with me already, carrying it lawfully within an enclosed case. I can’t bring the case into the house with me (it is fixed within my vehicle), so I grab my firearm and I head into his house. For crying out loud, before SB182 was implemented, I just ‘broke the law’. What did I do? I handled a firearm on property that was not my own. Oh the HORROR!  Felony, busted.

All three entities saw this drama coming and worked in combination to avoid a situation just like my story. Were they “lookin’ out for us” as Bill O would put it?  Were they working together for the benefit of the people in the defense of their rights?   Fat chance.  They were covering their own behinds.  They conspired to do one and then the other in combination so as to make 100% sure that the situation I opined about wouldn’t happen. Our rights had zero to do with why they did this.

If they had allowed that situation to lay as it would have been with only the court ruling, then someone would have been arrested by some country Barney Fife or LA JBT cop. One or the other would overstep, making arrests – and confiscating private property.  Heck maybe a bunch of them do both. Well, that means it comes right back to court and that is the “behind” they are covering. There would be no way to justify the arrest or any punishment, yet both would happen. What could courts do?  They would have to apply the law as it is, as foolish as it is, and then see it appealed. The anti gun zealots were trying to avoid creating a possibility that a court case, which they could not justify, worked it’s way up the judicial ladder – and quickly. They knew they would lose and they also knew that this loss risked putting even more of the code in jeopardy. They chose to protect unjust code instead of just admitting it is unjust and fix it properly, Constitutionally.

At least one entity called for going about their gun hating objectives Constitutionally, though even they themselves said it wasn’t gonna happen. Yeah, the Second Amendment is really going to be repealed isn’t it?  Hardly.

All of this is garbage. The ruling, 182 itself, all the speeches for them and against them, all of it is garbage. None of it ever should have happened.  There is but one settled law in this country.  One. That settled law is the U. S. Constitution as it is written today. Everything else is an interpretation of it.  Everything from every judiciary is an opinion.  The same is true about what comes out of every legislature.  It can also be said about every executive. Sometimes, the judiciary imposes it’s opinion.  Other times the legislature does so.  In certain circumstances, the executive does so unilaterally and imposes it’s opinion, it’s position, on both the legislature and the judiciary. In the end, they are all imposing their own opinions on a free people.

What is wrong with our state, and our country, is that all thee of these, at various levels, impose their will upon the U.S. Constitution without doing so in the manner intended by those who formed it.  No longer is the Constitution amended to allow deviation from it’s tents and boundaries.  It is just ignored outright as if it isn’t even there.   When it takes decades to force the judiciary to openly admit that the legislature overstepped, we don’t really have the protection the Constitution represents. We only have an illusion.  An illusion of freedom is not freedom.

This nation’s Constitution creates – forms – organizes a structure of government, assigns unique and specific powers to various entities and sets a great many boundaries. It recognizes individual rights that are “above government’s pay grade”, that is to say, they are on the other side of a particular boundary line and thus, out of reach of their authority to govern.  The Constitution tasks each entity with observing, protecting and defending the constitution of this country.  Notice how one time I capitalized that word and the other time I didn’t?  Do you know why that is?  It’s because they are two different things, that’s why.  One is what it is on paper, the other is what it is in application and practice.

On paper, every American has recognized and protected rights, which are outside the authority of government. Among these are the rights to keep and bear arms, for example.  It is so written, and upheld they must be.  Of this, there can be no legitimate doubt or debate.

Here in Illinois, I must pay the state to exercise that right to the limited degree it is allowed.  If I do not, they will confiscate my property and jail me if they so choose.  This is what some would correctly call oppression, but a requirement to purchase a FOID card isn’t where that oppression stops, there is much more.  I must forfeit more property than just money.  I must hand over my name, and other personal information, to strangers in order to gain a firearm – even if I inherit it. I am disallowed some kinds of firearms and accessories entirely. I have no lawful way whatsoever to carry on my person any weapon that I own. I cannot lawfully exercise my right to carry in any way shape or form, unless of course you consider a tongue depressor respecting the Second Amendment.  The NRA gets a big middle finger from me when that organization takes the position that Illinoisan’s situation is not priority number one. If I exercise my right,  I then lose that right. And the organization that proclaims to be the most steadfast defender of the Second Amendment says that this isn’t the number one priority? Are you kidding me? There is some more garbage for you. But I digress…… in the words of snoop dog, back to he lecture at hand….

States are free to make their own legislative code so long as it abides by, and judicially adheres to, the Supreme Law of the land. Every state has these same boundaries. What they do inside those parameters are affairs that belong to each state and her people independently.  The Bill of Rights limits all governments, within in this UNITED STATES. If it does not, then there is no United to be had. That would mean that not only is there an illusion of freedom, but that there is also an illusion of a United States as well.

Here’s why.

The Constitution mandates that each state must have a republican form of government. That in and of itself establishes the fact that the Federal Government has an established authority over each state. That this document forbids compacts among the states establishes that it has this same authority over the several states at the same time.

So what constitutes this republican form of government? Well, the tenets of our Constitution, of course. Seems pretty simple doesn’t it?

Somewhere along the line, authority was usurped. Whether it was the judiciary alone or whether it was a the judiciary and a legislature in conjunction, no matter, it happened. When it happened and how it happened I don’t really know, but I can say it did when something like this exists today.
I think a quote is needed here for folks who don’t fully explore the links I provide or if the links get broken in the future.

“(430 ILCS 70/2) (from Ch. 38, par. 85‑2)
Sec. 2. Declaration of purpose. It is declared to be the public policy of this State: That the maintenance of good order on highways, as defined in Section 2‑202 of the “Illinois Highway Code”, is a paramount responsibility of democratic government; “

How can that stand when the U.S. Constitution clearly says otherwise??????????????

Others have another , but in some ways similar, take.

When a judiciary, an executive and a legislature work in conjunction, in cahoots, they cannot possibly be checking one anothers’ power or authority.  Indeed, they are functioning as One authority when they do so.  Who get’s screwed in the deal?  Oh yeah, we do.  We the People do.  How do we get screwed?  We have our rights denied and violated.  That’s how.  What this demonstrates is a crystal clear example of government doing to us exactly what it is supposed to be protecting and defending us from. Government has become that which it was created to defeat. Sad it is. Dangerous it is as well.

Illinois legislators and judges didn’t do anything but protect their own control. There was no big success.  A game was played, nothing more and nothing less.  Look to Heller, it is clear -Individual Right- .  Yet, Chicago’s ban is still in place today.  Yet, nobody in Illinois can carry at all, in any way.  The McDonald decision will change that and it will point to Heller to justify doing do so.  That means Heller actually brought about incorporation.

Why play the game with “case” and 182 then?  Did they think that SCOTUS wasn’t going to hear anything regarding the Chicago gun case?  Post Heller, did they really think it wouldn’t happen? Maybe they played the game in hopes it wouldn’t.  Maybe they did it for political cover.  Maybe they did it because they really don’t know any better.  No matter how one cuts it up, they created busy work to make it look like they did something productive, when in reality the only thing produced was CYA.

There exists only one just multi-pronged solution and the entity tasked with it’s production is the legislature.

Amend the Illinois Constitution, striking  “Subject only to the police power,”

Strike out of the entire Illinois code anything regarding or pertaining to firearms. All of it. Every bit of it. Conservation included.

Fill the remaining body of the bill with straightforward language establishing actual criminal abuses of firearms and the punishments for those actions – keeping in mind that individual rights cannot be legislatively collectively stripped away from individuals, that individual due process is in order, that privileges and immunities exist and that “shall not be infringed” really does mean “shall not be infringed”.  We the People have a right to own, carry and use firearms as tools of self preservation. The only entity tasked with governing these decisions is the individual to whom these rights belong.  These examples cannot be criminalized or punished.  Doing so is out of bounds, indeed, it is unConstitutional.

Close the bill by citing the authority or authorities exercised to impose every mandate, ban and punishment within.

Illinois state government, is derelict in it’s duty if it is not already doing this, working on this, now. Everyone who understands what “incorporation” is knows full well that it is coming formally, and coming very soon.  If elected officials do not know this, then they are oblivious and shouldn’t be there in the first place.  Either way, they gotta go.

Those who violate the rights of another are the real criminals. Those who act in concert to impose, or to keep in place, violations of civil rights are guilty of criminal conspiracy. I charge the Illinois legislature, the judiciary and it’s chief executive with that very criminal conspiracy.  Their own action and inaction over the last year alone shows that charge to be fully warranted.

Morton Grove, Illinois was the first in the country to implement a ban on ownership of handguns. While it lasted more than two decades, Morton Grove was among the very first to take responsible and appropriate action in the post Heller world. The ban in place was ousted from their code because they understood and accepted what the Heller decision means. They know it means that they didn’t have the authority to do what they did, so they righted the situation the best way they could.  They repealed their ban through the legislature. That is as it should be!

It is a shame that the elected leadership of this state hasn’t done the same thing. Nope, instead, they choose to waste untold amounts of taxpayer monies floundering around with meaningless busywork trying to make it look like they were doing something proper.  Even more resources are being wasted this minute.  Millions upon millions of taxpayer dollars are being wasted posing the position before the Supreme Court that a clearly stated individual right does not apply to Illinois, to Chicago or to any other state, city, village or township in this country.

Here is a newsflash for the crooked politicians, forked tongued lawyers and corrupt judges – “Individual” means every Citizen.  It matters not who or what violates a civil right, anyone or anything doing so must be held to account for that action.  There is no free pass.  Or as my sociology/psychology teacher (Mr. Evans) used to say,  “There is no free lunch in room 118.”.

There is no valid reason to see another 20 year court battle play out.  There is no legitimate argument supporting why it must be this way.  Legislatures have a choice to make.  Morton Grove exemplifies this quite perfectly.  The Illinois legislature must do the job it is tasked with doing.  It must take the bull by the horns this day and right the wrong it has itself created.

It is true that through the courts We the People are able to seek recourse for injustices done.  It is shameful that judicial activism must be employed to see those injustices, born in the legislature, corrected.  Judicial activism, creating law from the bench, is the bane of any just society.  That it has come to this, proves beyond any doubt that legislatures aren’t doing their duty, they are not upholding the oath each member takes.   It proves that they are overstepping their due authority by crossing a very clear cut boundary.  It proves that they are imposing unconstitutional injustices on the very people they are tasked with protecting and defending.

Rather than another several decades of seeing seemingly endless judicial activism take the lead in deciding what the code actually is, our various legislatures would serve us, this country and Individual Liberty itself, best if they were to execute their intended duties within their Constitutional boundaries.

I believe I put it succinctly, accurately and appropriately in a letter printed in my local paper today.

“Government’s role in our lives is to defend our individual liberties, not to spend it’s time figuring out how to make us forfeit our property because we exercise them.”

If those operating various branches of the layers of government in place today choose the latter over the former, then each and every elected official within them should be removed in the most effective way available.  Replace them, via the voting booth, with those who will choose the former.  This opportunity begins in February, with this thing we call “primaries”.

The question standing before us all now is one that can be asked so many different ways. I choose to use Eminem’s words….

Look, if you had….one shot….. or one opportunity….. to seize everything you ever wanted -one moment-  would you capture it……. or just let it slip?”

Folks, the choice is yours, it belongs to you. Please understand where it came from and then make it, make it carefully and with all the thought and consideration that Individual Liberty deserves. Many have sacrificed their own lives for you to have this opportunity.  Taking it for granted, taking it lightly, dismissing the responsibility had by each and every one of us, is a disgrace, a slap in the face to our forefathers and is risking the ability of our posterity to have a choice that belongs to them.

I part ways with you today with some more words from Eminem from that same song.

“You can do anything you put your mind to, man.”

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