Posted on 02/19/2018 1:06:19 PM PST by reaganaut1
The opponents of liberty are relentless and we see that relentlessness on full display when it comes to the Second Amendment. Those who dont think that individuals should be free to keep and bear arms keep looking for ways to deprive as many Americans as possible of that right.
Among their lines of attack is to drive away businesses that sell firearms. A new case involving such an effort comes to us from, naturally, California. An Alameda County zoning ordinance has been written in such a way that that there is for all intents and purposes, no place in the entire county (the Oakland area) where it would be legal for an entrepreneur to open a shop to sell guns and ammunition.
That is what John Teixeira found out when he attempted to open Valley Guns and Ammo in 2010. Therefore, he filed suit against the county in federal district court, but Judge Susan Illston ruled in favor of the use of zoning to ban gun shops, holding that the ordinance did not put any burden on anyones Second Amendment rights.
Teixeira then appealed to the Ninth Circuit. Surprisingly, the three-judge panel that heard the case sided with him, vacating the district courts decision, and remanding the case for further consideration that consideration to include the impact of exclusionary zoning on the Second Amendment rights of individuals. Writing the courts opinion, Judge OScannlain said that when it comes to Second Amendment claims, courts cannot simply accept government assertions at face value. Judge Illston should have required at least some evidentiary showing that gun stores increase crime around their locations.
But in the Ninth Circuit, a victory for freedom is likely to be short-lived.
(Excerpt) Read more at forbes.com ...
Point taken.
There is no constitutional legislative power to deny individual firearm ownership.
I would also point out that there is no Article I, Section 8 power authorizing the general government to ban any firearm (or infringe the right to keep and bear arms in any way).
The anti-Federalists were afraid that the Bill of Rights would be misunderstood as prohibiting actions which the general government has no power to do. And that by repealing the BoR (or any of its articles), this would be understood as "authorzing" the government to infringe our rights.
Repealing the 2nd Amendment doesn't authorize the government to ban firearms. The only thing that protects our right to keep and bear arms is our willingness to use them, if any tyrant should try to disarm us.
Is there a constitutional right to sex? If so is there a constitutional right to sell sex, aka prostitution?
Inquiring minds want to know about the principal associated with the Bill of Rights that is being promoted.
IS CONSTANTLY INFRINGED, WHEREVER GOVERNMENT PERMISSION IS REQUIRED TO BUY, OWN OR CARRY THEM.
It’s a God-given right, you clown.
Then the state is criminal and needs to be seriously corrected
But I'd bet that requiring an ID that can be obtained within a block of one's residence would "put an undue burden on illegals who want to vote"....
Case in point, lawn darts. Or a bag of heroin.
Tangential trivia, did you know that the word "heroin" began as a trade name?
Just as there is no constitutional right to free speech. These rights are inherent in free people.
In the 1886 Presser case, SCOTUS agreed with you. Even if there was no second amendment, the states could not infringe the right to keep and bear arms.
Over time, the courts have bastardized and gutted the constitution, so that it's form in practice is utter subversion of its form in principle.
Geeze. Socialist activists in 1879. So corrupt so far back.
A better example would be an abortion clinic.
Bayer Drug Company if I recall correctly.
I understand your point but I disagree because there is no constitutional right to an abortion that can be pointed to in the written constitution.
Government is like the school bully, that only answers to a bigger bully.
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