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To: eraser2005
Does requirement of registration or training violate this?

It doesn't violate the Second Amendment. It DOES violate the 4th and 5th amendments. What the law requires and what is morally right are two completely different things. Also, I would like to point out that most people with drivers licenses still don't have a clue how to drive safely. A standard set up by the insurance companies would probably be a lot more efficient in the long run than anything conceived of by bureaucrats.

113 posted on 09/16/2005 8:25:05 AM PDT by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be. -El Neil)
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To: Dead Corpse

Fair enough, but could you explain for me how registration or training would violate the 4th or 5th amendment?

The 4th protects you from unreasonable search and seizure of property, and the requirement for warrants for search and seizure. So for registration or training to violate the 4th, you would have to define them to be unreasonable, it would seem. I fail to see that registration or training would be unreasonable. You still would have the right to own a gun, and its not being taken from you, so it doesn't appear to be a violation of the constitution. Now using registration records to seize guns is *clearly* unconstitutional unless you have probable cause to believe that weapon was used in a crime.

As for the 5th, the only portion I see that could remotely be used to argue against registration or training would be the clauses requiring due process of law and preventing private property from being taken for public use without compensation. Again, the arguments seem to fall short, for registration and training can easily fall within due process, as that can be defined as "legal judgement of peers" - which if the peers decide registration and training are required, you are afforded. Furthermore, registration and training does not result in the taking of private property for public use, so that falls flat.

I still don't see how either registration or training would violate the 4th or 5th amendment. Note that I'm not arguing that they are necessarily effective or needed - just that they don't appear to be unconstitutional.

And I certainly agreed with your point on peoples' abilities to drive safely (I said as much in the previous post). I nearly got into a wreck yesterday when someone turned left from the far right lane at a stop light, clear across 3 lanes of traffic, with not so much as a signal.


123 posted on 09/16/2005 11:07:00 AM PDT by eraser2005
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