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Old January 15, 2012, 11:24 PM   #8
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Quote:
Originally Posted by michaelcj
General rule is that state laws may be more restrictive than federal but not more lenient. This includes 2nd amendment laws/rights.
Mike, you are mixing apples (criminal law) and oranges (civil law).

Under federal civil rights, they are the minimum. States have had and do have greater respect for the rights of their citizens. Does that include all rights? No. Does that include all States? Again, no.

As far as the OP goes, there is no right that is absolute. None.

The Constitution was written as the controlling document for how the central government was to operate and limited its authority to those express things within that document.

The Bill of Rights was not made to limit or expand on State authority or personal liberties.. It was written expressly to constrain the federal government from areas within which it was not to operate, by means of "further declaratory and restrictive clauses."1

Can the Federal (or State) Government forbid you from yelling "FIRE!" in a crowded environment? No. But they can pass criminal laws against inciting to riot. They can pass civil laws placing all damages (liability) on you for the riot.

Just as Time, Place and Manner laws can regulate speech, in just such a manner, the States and Feds can and have placed entirely constitutional restrictions on the manner of carry of arms.



1 Preamble to the Bill of Rights.
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