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To: spunkets
You have to be arrested and tossed in jail for the opportunity, like the guy in this story.

Not at all. If for example, I was denied a license to carry a concealed weapon, I could sue in federal court, under both the 2d and 14th Amendments. Would I be successful. Depends, but many perceived rights infringement issues do not require arrest.

I'll challenge them wherever, and that's what I'm doing now.

Hopefully not with me. I'm in no position to change anything.

179 posted on 01/10/2007 4:52:02 PM PST by MACVSOG68
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To: MACVSOG68
"Not at all. If for example, I was denied a license to carry a concealed weapon, I could sue in federal court, under both the 2d and 14th Amendments. Would I be successful. Depends, but many perceived rights infringement issues do not require arrest."

No. The very fact that you applied for the license means you admit that there is no right to claim. Any suit must apply to the due process of the denial of priviledge. Denial of right in the case of criminal law, requires arrest and the appropriate court venue. Civil suit does not apply to acts of legislatures covering crimes.

"I'm in no position to change anything."

You're challenging the plain English contained in the 2nd Amend to the Bill of Rights.

203 posted on 01/10/2007 6:00:51 PM PST by spunkets
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To: MACVSOG68
I could sue in federal court, under both the 2d and 14th Amendments. Would I be successful. Depends, but many perceived rights infringement issues do not require arrest.

Sure there are, but the Courts generally invoke the "Cases and controversies" rule with regards to the second amendment, and require a violation of the law in question. In your example, you haven't violated any law, but you still might have standing to sue under equal protection, but you'd have to be challenging the licensing law, not just your denial, to invoke the second amendment.

269 posted on 01/10/2007 9:39:47 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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