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View Full Version : Does any of this affect Ca gunlaw?


ZRX61
03-27-2011, 7:02 PM
The case of Hertado v.*California, 110*U.S. 516. states very plainly: "The State cannot diminish rights of the people."
"the assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice."- Davis v. Wechsler, 263*U.S. 22, 24.
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- Miranda v.*Arizona, 384*U.S. 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime. - Miller v.*U.S., 230 F 2d 486, 489.
"There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945.

Librarian
03-27-2011, 8:11 PM
Not yet - we didn't have an enforceable right prior to McDonald.

Now there are court cases trying to discover the limits of the right.

fiddletown
03-28-2011, 9:34 AM
The case of Hertado v.*California, 110*U.S. 516. states very plainly: "The State cannot diminish rights of the people."
"the assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice."- Davis v. Wechsler, 263*U.S. 22, 24.
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- Miranda v.*Arizona, 384*U.S. 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime. - Miller v.*U.S., 230 F 2d 486, 489.
"There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945.No.

[1] No court decision directly affects any existing law on the books unless and until that particular law has been challenged and a court makes a decision about it.

[2] Sentences just pulled out of a court decision are worthless and meaningless by themselves. Context matters.

jnojr
03-28-2011, 9:47 AM
Not yet - we didn't have an enforceable right prior to McDonald.

We have always had rights. We just haven't had a government or a legal system that recognizes and respects them.

rromeo
03-28-2011, 9:50 AM
Hence "enforceable."