3 ms·
> All organizations seek to expand their influence and power over time This is true. IANAL, but my guess is that a lot of this mucking around with firearms re
by robomartin 7y ago
> All organizations seek to expand their influence and power over time
This is true.
IANAL, but my guess is that a lot of this mucking around with firearms regulations is because people have not said "enough!" and taken it all the way up to the US Supreme Court (except for a few cases I am aware of).
In other words, can California (or any State) really prohibit magazines with more than 10 rounds? Can they really prohibit any kind of carry (concealed or not)? Where exactly is it that they --the government-- acquired the right to do such things.
Again, let's get away from firearms and talk about free speech. This is a stupid example, but, let's say that CA passes a law that makes it illegal to say more than 5 expletives in one minute. Do they have the right and power to pass such a law? No, they don't. They don't have the power to restrict speech AT ALL, because this is a right that is recognized --NOT GRANTED-- in the US constitution. Government does not own it and cannot take it away.
Many would then say: Well, you can't yell "fire" in a theater.
Sure you can! Try it! Well, don't, you'll get in trouble for it. Freedom of speech does not mean you are free from the consequences of what you choose to say. That's another common misconception. You can say whatever you want. And you can enjoy the full consequences of what you said.
The same is true of firearms. You can shoot them anywhere you want. And you can enjoy the consequences of your actions just as well. Just like you can drive your car into a tree if you want to.
This is one of those topics that has been completely twisted and contorted by zealots. In the US it is very simple: Our rights do not come from government. Period. Which means they can't take them away. When they do overstep their bounds we have to go to the courts to put them back in their place. That happens from time to time when people have enough.
I'll give you an example of just how ridiculous things can get. Here in California you basically can't protect yourself in any way. You can't conceal-carry a firearm (like in a purse or holster). You can't have a knife larger than something like a Swiss army knife. You can't have nunchuks, a pipe, a wooden staff, a baseball bat, a chain, nothing. You cannot legally go for a walk with some kind of a self-defense weapon other than a really mean dog or perhaps some pepper spray (2.5 ounces or less). In other words, I can't have two pieces of wood tied together with a rope.
If you think about the concept of a truly free human being on this planet and then contemplate the idea of that person not being able to defend themselves against criminals, well, it's truly surreal.
Like I said, IANAL, and I am not pro or anti firearm at all. I am neutral in this regard. I am looking at the Bill of Rights as a whole, not at any particular right. They are all co-equal and even interconnected. I just think some of the things we are seeing at State levels only exist because enough people haven't had enough and there hasn't been a "mother of all challenges" at the Supreme Court level.
I mean, what's the use of having a Bill of Rights in the US Constitution if any schmuck at the State level can defecate all of these rights at will?
- roywiggins 7y ago> In other words, can California (or any State) really prohibit magazines with more than 10 rounds? Can they really prohibit any kind of carry (concealed or not)? Where exactly is it that they --the government-- acquired the right to do such things. The tenth amendment?
- jeffdavis 7y agoThe 2nd Amendment specifically refers to "the people", therefore the power to infringe on the right to keep and bear arms is "prohibited by it [the Constitution] to the States", and therefore the right to keep and bear arms is reserved to the people.
- roywiggins 7y agoEven Antonin Scalia's opinion in Heller allowed that gun regulation was not entirely forbidden by the 2nd amendment. Exactly how much is allowed was left pretty unclear. But insofar as some is allowed, the ability of the States to do it is specified in the 10th.
- jeffdavis 7y ago...and to the extent that a law does violate the 2nd Amendment, it is forbidden for the states to enforce such a law (and the 10th Amendment doesn't change that). I don't see the relevance of the 10th Amendment to this particular discussion. EDIT: I see. The person to whom you replied seemed to be looking for the power somewhere, and you are just saying that the states powers are not enumerated (as the federal powers are).
- robomartin 7y ago> The tenth amendment? IANSL, but I don’t think so. That would mean states could regulate anything in the Bill of Rights, including freedom of speech. That makes no sense to me at all because it would effectively make the BofR optional.
- 7y ago