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To: And2TheRepublic

Then would you also say that laws forbidding convicted felons from owning a firearm or young children or the mentally impaired from owning firearms would be unconstitutional as well? Or laws preventing the carrying of firearms into court houses or police stations or schools?


7 posted on 11/14/2011 3:14:26 PM PST by SoJoCo
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To: SoJoCo

Personally:

No, Yes, No; with reservations, Yes, Yes and Yes.

Plus, unrelated to SoJoCo’s question I HATE the title of this thread. People have rights, states have powers, and inanimate objects have...well, nothing they just exist.


18 posted on 11/14/2011 4:29:04 PM PST by Turbo Pig (...to close with and destroy the enemy...)
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To: SoJoCo
Then would you also say that laws forbidding convicted felons from owning a firearm or young children or the mentally impaired from owning firearms would be unconstitutional as well?

That's the way it was throught the first century of American freedom. The first law limitiong the ownership/carry of firearms by former prisoners who had paid their debt to society was instuted in California around the 1920s. It's a relatively recent concept.

21 posted on 11/14/2011 4:41:06 PM PST by archy (I'd give my right arm to be ambidextrous!)
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To: SoJoCo
Then would you also say that laws forbidding convicted felons from owning a firearm or young children or the mentally impaired from owning firearms would be unconstitutional as well? Or laws preventing the carrying of firearms into court houses or police stations or schools?

Those prohibitions aren't exactly analogous to a licensing scheme. Even so, yes, the case can and has been made at least WRT felons that those rights SHOULD be automatically restored with the rest of their civil rights.

29 posted on 11/14/2011 6:29:23 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: SoJoCo
Then would you also say that laws forbidding convicted felons from owning a firearm or young children or the mentally impaired from owning firearms would be unconstitutional as well? Or laws preventing the carrying of firearms into court houses or police stations or schools?

All free persons have the right to keep and bear arms; statutes, regulations, ordinances, and other rules whose purpose or effect is to prevent or impede the free exercise of that right are illegitimate.

That having been said, not all persons are free. Children are subject to the will of their parents, convicted criminals serving their sentences are subject to the will of the state, and persons adjudicated incompetent are (to a significant degree) subject to the will of their guardians. The carriage of arms by such people may be legitimately restricted by those with authority over them.

If a person has authority over a certain building or geographic area, and if that person may legitimately expel visitors whom he doesn't like for any reason he sees fit, such a person could if so inclined expelling people found to be in possession of firearms. The person could also expel people who refuse to be searched for firearms or anything else he doesn't like. A person without the authority to expel arbitrary visitors, however, would not have any special authority to expel visitors carrying firearms.

59 posted on 11/15/2011 3:38:46 PM PST by supercat (Barry Soetoro == Bravo Sierra)
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