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Old March 7, 2010, 11:25 AM   #28
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,541
Here is the reason that P or I incorporation is important.
Except driving isn't a fundamental right. Gun carry is, and will be recognized as such post-McDonald.
It isn't? Really?

The Courts have long recognized the right to travel as fundamental to the ordered Liberty interests of a free people, "In Anglo-Saxon law that right was emerging at least as early as the Magna Carta,” Kent v. Dulles, 357 U.S. 116 (1958).

You guys always argue that no license or registration is needed for a vehicle, unless you drive it on a public road. Not so! “The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.” Chicago Coach Co. v. City of Chicago, 337 Ill. 221, 169 N.E. 22. See also Stephenson v. Binford, 287 U.S. 251, 264, et al. Whyte v. City of Sacramento, 165 Cal. App.534, 547. Schactman v. Dulles, 96 App DC 287, 225 F2d 938, at 941. Thompson v. Smith, 154 SE 579.

There are literally scores of citable precedent that say travel, in your own private vehicle, for private purposes (not commerce -Wingfield v. Fielder, 2d Ca. 3d 213 (1972), see also 18 USC §31(a)(6) and 18 U.S.C. §31(a)(10)), is a fundamental privilege, a right of Liberty (Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966)) protected by the U.S. Constitution, Art. IV and Amendment XIV.

So when you make such a "common sense" and "reasonable" statement as above, you are, in effect, also saying that, "Yes, you can carry a gun, but the ammunition may be licensed and regulated." You will need a personal license to use any ammunition and you will need to register any purchase of ammunition (or components).

This is one of those reasons for P or I incorporation. There is no fundamental difference between the right to carry and the right to travel.

Of what practical purpose is your right to carry, for self-defense, if your right to travel is restricted? By the exact same logic, of what use is your right to travel, if your right to carry, for self-defense, is restricted?
There's a reason we don't tax churches - religion is a fundamental personal right. We don't charge extra court fees if you ask for a jury trial - because that's a personal civil right.

See the pattern here?
Right back at ya, Jim!
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