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To: oldfart
A bit of caution here: The Second Amendment doesn't mention felons or the mentally ill, only "the people." It has fallen to other authorities to restrict those groups. Because we have allowed those "authorities" to do so, we have paved the way for them to restrict certain types of firearms from the general public. In essence, we traded our freedom for a bit of perceived security.

In fact, the Constitution does mention felons, albeit indirectly - the Constitution provides that a person may not be deprived of life, liberty, or property without due process of law.

"Liberty" encompasses the right to arms.

Just as imprisonment is a punishment for a crime levied upon conviction by a jury persuaded beyond a reasonable doubt of your guilt, so is loss of your right to arms.

Likewise, someone insane would need to be deemed so by due process of law in order to be denied liberties.

If someone suggests that the Second Amendment applies to prisoners, you can tell they're not being intellectually honest about it and are simply grinding an anti-gun axe.

28 posted on 02/18/2008 12:51:48 PM PST by mvpel (Michael Pelletier)
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To: mvpel

Agreed... The Constitution mentiones felons (kinda) but the Second Amendment to that Constitution does not. As I understand these things, an amendment takes precedence over the original document, else we wouldn’t have a graduated income tax. While I’m not sure I’d want to go before the SC and argue that newly released convicts should be permitted to buy guns at Wal Mart, there does not appear to be anything in the Constitution to prevent it. Since the Constitution is a list of things the government can and cannot do it has to fall to other, lower authorities to make and enforce those rules. They have done so... with a vengeance.


31 posted on 02/18/2008 1:06:35 PM PST by oldfart (The most dangerous man is the one who has nothing left to lose.)
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To: mvpel

I like your reasoning.

IMO, if a convict has served his sentence and is freed, then he should be able to have 2A rights restored.

If a convict is so dangerous that he cannot be trusted with a weapon he shouldn’t be walking the streets.


44 posted on 02/18/2008 3:51:03 PM PST by Eagle Eye (I'm a RINO cuz I'm too conservative to be a Republican. McCain is the Conservatives true litmus test)
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