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To: Critter
But the DA also took an oath to uphold the law. We all agree that the law, in it's present form is (seriously) flawed. I think it's intention is good (account for gun in the hands of gangs, felons, and assorted crimials) and the punishment phase is a good thing (if found where they are forbidden, make them pay). But, when a person who has no reason to be denied a weapon (ie without criminal conviction) has a weapon in his home (ie home protection) an exclusion clause should kick in. Whether the exclusion clause is 'self defense', 'protection of property', or something else is a matter for the courts to decide.

I do hope the counstitutionality of this law is challenged, as it appears grievously violated in this case.

210 posted on 04/08/2003 8:50:32 AM PDT by Hodar (With Rights, comes Responsibilities. Don't assume one, without assuming the other.)
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To: Hodar
Keep in mind the progression...

1) Ballot Box
2) Jury Box
3) Cartridge Box

The Ballot box no longer works. I personally cannot think of a single instance where a legislator has voted for, and replealed, a currently un-Constitutional law without first making sure that another will take its place. Voting in new representation, with one or two exceptions, is a choise of "lesser of two evils".

Jury box. This is in the process of being taken away by Judges who prefer to work with well behaved and ignorant juries only. Once this is finally gone, we have only one option left.

Let's no go there shall we?

222 posted on 04/08/2003 8:57:02 AM PDT by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: Hodar
I think it's intention is good (account for gun in the hands of gangs, felons, and assorted crimials) and the punishment phase is a good thing (if found where they are forbidden, make them pay).

How many gang (member)s, felons, and assorted criminals are prevented from having a gun in NYC by this unconstitutional law?

How many law abiding citizens are?

250 posted on 04/08/2003 9:13:01 AM PDT by Jim Noble
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To: Hodar
But the DA also took an oath to uphold the law. We all agree that the law, in it's present form is (seriously) flawed.

I see a chink developing in his armor. A small one, but a chink none the less. :)

The Constitution is the supreme law of this land. The DA's oath to uphold it, trumps the oath to uphold "the law", since it is the supreme law.

253 posted on 04/08/2003 9:13:35 AM PDT by Critter (Going back to sleep til the next revolution.)
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