Posted on 10/22/2005 1:41:31 AM PDT by Cincinatus' Wife
POOFTER ALERT
According the founding fathers, in certain states, the answer would be YES, YES, AND YES.
Also according to the founding fathers, I have every right to exclude anyone carrying a gun from my property.
All rights exist before the state. A state may, with the consent (and often without the consent) of the governed, infringe on a right. This ability to infringe on a right or inability to infringe on a right is not a condition on an individual.
For example: You have the right to be secured in person, place and things as described in the IV amendment. The state cannot seize property without a warrant and just cause. This is not a restriction on a private citizen however.
If you are my roommate and I believe you are selling drugs, I can take evidence from your room and present it to the police and this evidence is admissible in a court of law, provided I am not acting as an agent of the state during my seizure. Look it up.
Another example: You have the right to free speech as detailed in the first amendment. But if you are my employee and you do a TV commercial for my competition I can fire (and fast). I did not infringe on your right to free speech. You still have it and can exercise it, just not as my employee.
Likewise, the restriction on the state to prevent it from infringing on your right to keep and bear arms does not restrict the individual. I can restrict your right to carry weapons on my private property. You now have a choice. You can either stay off my property and carry your weapon or abide by my rules. Either way, the state is not infringing on your rights, and the ultimate choice to disarm yourself is yours.
Slavery is another issue however. The restrictions imposed by the XIII amendment apply to the entire United States and it jurisdictions. You can choose to be a "slave" to someone else, but this is a voluntary condition that you can leave at anytime, since slavery is illegal in the United States. So can you sell yourself into slavery? No, because it would be an illegal contract. You could act as a slave if you desired, but your slavery would end when ever you wanted it to, or the slave owner is breaking the law. So do you have the right to act as a slave? You sure do. But again, this is your free choice.
This is not a difficult concept. If I own this property, I can restrict access to this property if you are not acting in accordance to my desires. I cannot direct your actions off my property, but on my property I can.
What makes you think you can write about Property Rights inside my car?
Your property Rights end at my car door handle.
The individual cannot deny you or me gun possesion except on his private property. If you do not wish to give up the temporary possesion of your weapon, stay off his property. The choice is yours.
Still, the collective body would have this right and does in limited circumstances. You can not bring a weapon into a prison for example. However, the constitution is specifically written with the collective body or the state in mind. It is meant to protect the individual against the collective body, not the other way around.
Your right to carry a weapon does not infringe on my right to control my private property. Your rights extend until they infringe on my rights, and vice versa. I cannot infringe on your right beyond my private property.
Again, if you do not want to be disarmed, stay off his property. It is your choice!
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