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To: Hootowl
So you’re fine with the status quo, the de facto registration of firearms, and allowing absolutely anyone to own one?

No, I am not fine with the status quo of de facto registration.
And the status quo is certainly NOT that of "allowing absolutely anyone to own one." {Though that SHOULD be the case so long as they are freemen that we are discussing; "no freeman should ever be disbarred the use of [fire]arms."}

The truth is that the state acts like it may do whatever it likes; that is that a Constitution is not a [legally] binding document; I particularly like guns because it shows this so well, and I will use my own state as an example {though it can be applied to other states & the federal government}.

New Mexico State Constitution
Art II, Sec 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
Art II, Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.

Now, despite the obvious prohibition laid upon the state in Art 2, Sec 6 there are laws which restrict the rights of the citizen to keep and bear arms for defense; some may argue that the "and for other lawful purposes" restricts the right for the citizen to bear arms for defense in [say] elementary schools or courthouses: this twisted reading of Section 6 may be put to rest, utterly and completely, by reading Section 4. According to Section 4 the State recognizes as an "inherent and inalienable" right the defense of life and liberty.
Now, let us look at an existing state law, one of several that conflicts with these:

NMSA 30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty.
A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:
  1. a peace officer;
  2. university security personnel;
  3. a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program;
  4. a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or
  5. a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.
C. As used in this section:

  1. "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and
  2. (2) "university premises" means:
         (a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or
         (b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.

    D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.

This statute abridges the right of citizens to bear arms on the university campus: students, teachers, your quirky cousin who lives just outside of town... but it also bars the right of the Citizens who live in on-campus housing from the right to keep arms as well. And finally, as some are given to doing defending university anti-gun policies by framing them as private property rights; this state statute is in nowise contengent on the university's authority; that is a state policeman or county sheriff could cite my violation of this law if I were to open carry on campus as justification for arresting me with no action on the part of the University whatsoever. {Though the university's own policy should qualify criminal conduct under Conspiracy Against Rights concerning the 2ND Amendment.}

Does this answer your question about where I stand on the status quo?

29 posted on 09/16/2010 7:08:57 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Then I fail to see what your objection is to my proposal. By the way, contrary to your assertion, New Mexico does restrict ownership of weapons. Minors under 18, felons, and people having a problem with drugs and alcohol cannot legally own a weapon there. Every state has similar restrictions. The lowest age at which a minor can own a gun in the United States is 14 in Montana. There are exceptions from state to state, but only with the permission of parents or guardians.


30 posted on 09/16/2010 8:35:41 PM PDT by Hootowl
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