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Old November 9, 2013, 04:34 PM   #107
RX-79G
Junior member
 
Join Date: October 27, 2013
Posts: 1,139
I'm not trying to bait you. I'm trying to understand you.

You didn't read my example accurately:
Accused, incarcerated, not (yet) convicted. In other words, arrested and in jail. Not yet a felon.

This person, in our system, is "innocent until proven guilty". How can this person's uninfringeable right be removed for the unprotected purposes of officer or jail safety?


That aside, the word "forfeit" only appears once in the Constitution and Amendments under the treason section. Where do I find the Constitutional mechanism for the forfeiture of rights? I have a hard time seeing how you could have legal regulations that function to take away rights that can't be infringed when the Constitution doesn't specifically allow for it. That's your argument against regulation of 2a - that we can't just pass a law that takes the basic right away. Forfeiture of rights would be a regulation that would infringe on the 2a, since it is outside the Constitution.


These aren't dumb questions. If SCOTUS agreed with you, a suit would eventually show up in their court, and they'd have to decide how it is possible to disarm a suspect without infringing the uninfringeable.
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