Posted on 10/20/2014 12:55:55 PM PDT by Laissez-faire capitalist
In this “Alice In Wonderland” world we live in, pretty soon only felons will be allowed to keep and bear arms.
Things get heated and lots of people have ideas about the way things should be and or have experienced the control regarding nearly everything. Right down to intrusive punitive control over businesses and everything else.
Trust has declined for obvious reasons. It’s no secret.
Very unfortunate.
Cheers.
Actually that was our beloved Congress during the Clinton Administration ("the Lautenberg Amendment") my friend not the courts.
I would have to argue that the right to contract is a ninth amendment right.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Considering that US Law is based on English Common Law and Natural Law the right to freely contract would certainly be a right retained by the people or not delegated to the federal government.
That being said the right of the states to freely contract within the laws of that state would permit the state to withhold contracts with those convicted of a felony as provided under that states laws.
I’m a big believer in unenumberated rights.
Remember that the argument against have a Bill of Rights was not that we shouldn’t have them, but that government would immediately start limiting our rights to only those enumberated.
On a basic level, no other right means much, if you don’t have the right to not be killed by the government (without due process).
Being branded on the hand or face didn’t used be uncommon and certainly constitutes a form of life-sentence punishment, often given without incarceration.
I never made the argument that they should. My sole argument has been that if the legislature passes a law to restrict felons from possessing firearms (and 49 states have), that law is not unconstitutional. It is an associated punishment (sentence) that is attached to the crime.
Thus, trying to defeat them as being unconstitutional is a pointless, wasted effort. Change them as you would any other law you don't agree with, via legislative action.
I am on the fence about this. A felony should not remove a basic human right to defend yourself.
Your problem is that you assume he wants to engage in an intellectual debate instead of just self aggrandizement by ‘beating’ people at arguing. You are clearly wrong.
Your well reasoned and clearly articulated points are misapplied when directed at a certain poster... but thank you for sharing them with the rest of us.
I see the confusion with my post, but you are misreading the intent.
I wasn't asserting that its Constitutional because its a state law. I was asserting: It is Constitutional for state legislatures to determine crime and punishment, unless it constitutes cruel and unusual punishment or is otherwise barred by the Constitution (e.g. ex post facto). I make the point of citing state laws, versus federal, because they are on more solid ground. Its hard to justify the mere possession of a firearm by a felon being a federal offense, and I would personally argue against such federal prohibitions as being beyond federal jurisdiction.
I have to add a comment. 38 years ago I was charged with class 2 felony, drug possion with intent to distribute. At time was told I had to wait 7 years to own a firearm. That was in Illinois.The law seems to have changed. I have been able to purchase and own a gun until recently. For all those that think felons should not ever have a firearm I am glad you didn’t do anything what so ever wrong when you were 19 (or got caught). I am not that person at all now. I have family members that think felons shouldn’t have guns either but I also know they did the same things I did but just didn’t get caught. Our own president said he used coke. There is a lot of hypocrisy by those sinners who didn’t get caught. So the difference appears to be that if you are not sneaky enough and got caught you don’t deserve gun rights now. I did my month in county, paid my restitution and followed all the rules laid out for probation and even moved away from anyone that may not be best at seeing me through to a better life. Now I know that I am bias because I have a felony but I think people need to really look at themselves and see if they did anything wrong when young and do they feel they should not have 2nd A rights.
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