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Old October 27, 2006, 02:21 PM   #109
David Armstrong
Junior member
Join Date: January 24, 2005
Location: SW Louisiana
Posts: 2,289
No blacks - no guns are not behaviorial in my sense as while gun carrying is a behavior, it is more the instantiation of a basic human right.
I think that is where we differ. One situation is related to who you are, the other is related to something you want to do. Why should your "want to do" trump my "want to do"?
Would a store be able to ban folks on NO crosses, no Yarmulkas?
Probably not, given the fact that religous expression IS considered a basic human right and protected in the U.S. Given a recent ruling on wearing a veil in school, that might not be as solid as it once seemed, BTW. However, CCW does not rise to that standard.
If they didn't pose some kind of physical risk, banning them would be religious discrimination. In the MRI, your cross would be a risk.
But that is what the store owner is saying, that in their opinion the firearm does pose some kind of risk that they do not want to have on their property.
but the right to defend is fundamental.
Given that, which I tend to agree with, you then have to show that carrying a gun is fundamental to the ability to be defend, which is a pretty lofty burden, I would think. And again, as mentioned before, if you feel you are unsafe there is no obligation or requirement on your part to put yourself in danger--you can go to another store.
I don't believe you can set behavioral standards that violate rights if you decide that your store is not your private castle but a public space.
But you can. A store can restrict your rights to free speech and prohibit the handing out of flyers, as one example.
Thus, the precedent of extending rights to private places that become public in utilization is not unknown.
I would question whether there is a valid comparison between public-access commons and a particular store. But in addition, unless I have missed a case, in situations such as the mall and the airport the rights can be curtailed as long as they do not discriminate in kind (ie, the Girl Scouts can solicit for funds so the Boy Scouts can too, but you can prohibit a political group handing out "vote for me" material).
Now, this is too intellectual. How about will my 38 in a shoulder holster be sufficient when zombies attack the mall as I've seen in several movies. If I can't carry in the mall - who will stop the zombies?
It certainly is becoming much to intellectual. So, yes, your .38 will do the job just fine as long as you only load it with 158 grain LSWC +P ammo and carry 234 rounds of spare ammo with you (remember Murphy, better to have it and not need it, etc.). And if the mall prohibits, no problem--the Mall Ninja will save the day!
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