A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The 2nd Amendment is one of the clearest, simplest amendments to understand. Americans have a guaranteed, fully protected right to keep and bear arms at any and all times. This is a right that shall not be infringed. It doesnt say may not be, it doesnt say might not be… it says shall not be infringed.
Unfortunately, the right to keep and bear arms is infringed on a constant basis. Illinois, for example, doesnt allow anyone from any of the other 49 states to keep and bear arms at any time for any reason. If you travel to Illinois from Virginia and plan on being in Illinois for more than 24 hours, you are not allowed to have a firearm in your possession. Even if its in a gun case and locked.
This is one of the blatant violations of the 2nd amendment in the country and nothing is done to stop it. In Illinois if you want to keep and bear arms, you must a) be an Illinois resident and b) have a FOID (Firearm Owners Identification) card from the state. If you do not have both, Illinois will violate your rights and infringe on your ability to keep and bear arms.
A new story out of Illinois is putting the entire situation to a test. A women shot and killed a teenager who reportedly attempted to burglarize her home. The teenager was shot once and died in the yard after the attempted burglary.
Whether or not the woman, Alonha Mack, was in retreat or felt her life was in danger is not known. But police were called when the burglary was underway and responded to a reported burglary, finding the deceased teen on arrival.
First item of note is that Mack is reportedly a convicted felon. There is much debate on whether a felony removes the right to keep and bear arms. This is a point where arguments are made on both sides of the debate and there is no consensus on the outcome.
But apparently the larger sticking point for the Unlawful Use of A Weapon charge Mack was arrested for is that she didnt have a FOID card. Shes currently in jail facing $100,000 bond.
So the question is, does the 2nd amendments protection of the right to keep and bear arms not apply to Mack because of a past felony and her lack of a FOID card issued by the state of Illinois? At this point not only has her right been infringed, shes actually facing serious charges and prison time for shooting someone who attempted to break into her home and commit a burglary.
Is this the correct outcome? What say you?
More information here.