Posted on 01/31/2013 12:22:30 PM PST by neverdem
What was that case? Does anyone know?
If a madman is firing into a crowded theater; is it better to have a weapon to defend yourself, or to just cry afterward?
The difference between shouting fire in a crowded theater and assault weapons is that they only punish the person who shouted, not everyone else.
you can yell ‘fire’ wherever and whenever you want if you’re nuts or an a-hole.
never seen a law that could stop it, just ones that could punish it.
Hahaha, causing a panic in a crowded location is now equal to owning a firearm.
Lets see Chuckie. Do you punish the person who yells fire or do we tape the mouths of everyone entering the theater.
Think about it.
I will actually promote this new gun law, Chucky. I'm sure that most people would support a law banning the shooting of guns in a crowded theater. What say you, Chuckster?
He should have specifically named the case though.
Ted Cruz uses pistol grip to rebut call for assault weapon ban
http://www.freerepublic.com/focus/f-news/2983924/posts
Feinstein and Schumer saw the picture Cruz brought and trampled staffers while they were running in terror.
Schenck v. United States, 249 U.S. 47, 49-51 (1917)
Too bad chucky but NO YOU CAN NOT.
If the Founding Fathers meant for there to be laws restricting an American Citizen of their right to freely and without restraint posses arms they would have clearly written it into the text of the Amendment just like they did in these...
Amendment I
Congress shall make no law
Amendment III
but in a manner to be prescribed by law.
Amendment XII
no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny
And these...
AMENDMENT XIII
AMENDMENT XIV
AMENDMENT XV
AMENDMENT XVI
AMENDMENT XVIII
AMENDMENT XIX
AMENDMENT XXIII
AMENDMENT XXVI
The Second Amendment is absolutely clear here.
It is:
"shall not be infringed"
Not "according to the rules of the common law"
Not "but in a manner to be prescribed by law"
Not "but upon probable cause, supported by Oath or affirmation"
Not "without due process of law"
Not "Congress shall have power to enforce this"
Not "The Congress shall have the power to enforce, by appropriate legislation"
Not "unless they shall by law"
Not "Congress may by law"
Not "and shall not prevent
Not "No law"
Yeah, the Founding Fathers had every single opportunity for YEARS to put such a stipulation in the Second Amendment.
What do we see there?
Do we see the stipulations that are in many of the other Amendments?
No.
The "Bill of Rights" took seven months to write. This was in addition to the eleven years for the Constitution. The Constitutional Convention was 116 days long. The Bill of Rights was not ratified until 1791.
There was plenty of time to create stipulations for the Second Amendment that would allow certain encroachments based upon existing or future law or laws. Such stipulations exist throughout the Constitution and it's Amendments, including the first ten.
The Second Amendment contains only one stipulation. "Shall not be infringed."
My conclusion is they damn well meant exactly not in the slightest scintilla. They were experts in what happens when such concessions are allowed. It is the absolute definition of "slippery slope."
Such concessions are the exact cause of being tangled in the 20,000 infringements spider web of laws, rules, ordinances and policies of today.
.br
Banning certain rifles is analogous to cutting out the tongues of theater-goes in advance.
The analogy to “shouting fire” is the criminal misuse of guns, which is already illegal.
Gracias!
Chuck U, Shumer!
If Schmuckey answered that question honestly you'd have tape on your mouth right now. Or your keyboard as the case may be.
Excellent post. I’m going to copy it and pass that on to others.
Thanks
This spurious argument has always irritated me -- it is just plain stupid.
There is not prior restraint in the 1st -- you may yell "Fire!" in a crowded theater.
You are not, however, immune from the consequences if there is not a fire.
Thank you!
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