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April 6, 2021, 08:59 AM | #1 |
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Does a law have to have a valid reason?
Does a US law have to have a valid reason and effect to be legal? Can something legally (constitutionally?) be against the law just because some legislators feel uncomfortable with it?
Can the government outlaw red cars because they are provocative and may cause someone to speed? What is the legal justification for this? For example, AWBs in various states specifically outlaw certain physical attributes. Again, what is the legal justification for this? We all know it's just an excuse to ban some guns, but that is not what is stated by those creating the laws. It's argued that it is to prevent crime, specifically mass shootings. We also know that it won't. But that's not the point here. What affect does outlawing a flash hider have? What crimes have been committed that this prevents? What affect does outlawing a pistol grip have? What crimes have been committed that this prevents? How many people have died or been injured because a stock is collapsible? How is it legal to ban these "features" if they are made up "boogiemen", with no evidence of them contributing to crime or endanger the public in any way? .
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April 6, 2021, 09:11 AM | #2 |
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<<Does a US law have to have a valid reason and effect to be legal?>>
No. Arbitrary non-sensical bans are not limited to firearms. In Texas, it is illegal to possess more than 6 sexual toys. Why? And why 6? https://statutes.capitol.texas.gov/D...E.43.htm#43.21 People love to tell other people what they can or they cannot do, and justifications are easy to come up with.
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April 6, 2021, 10:28 AM | #3 | |
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April 6, 2021, 11:49 AM | #4 | ||||
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It's really much more complicated.
For example, a law that burdens a constitutionally protected right can be subjected to a sort of test in which a court considers the nature and significance of the right, the nature and extent of the the burden, and the importance of the governmental interests furthered by the imposition of the burden as part of the process of deciding whether a particular law regulating a right protected by the Constitution is, or is not, constitutionally permissible. For example:
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April 6, 2021, 07:34 PM | #5 | |
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Thanks Frank. I agree that a comparison of the 2nd amendment to other constitutional cases is far from perfect, but in my opinion, this gets right to the heart of what I'm saying:
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April 6, 2021, 11:02 PM | #6 | |
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It doesn't matter so much what the facts are or what reality is, what matters more is what our lawmakers believe. I remember some of the "facts" claimed at the time, such as how a pistol grip make the weapon easier to kill someone with... The Flash suppressor ban ALMOST has a basis in fact. Almost. There is (or was) a standard size flash suppressor used in NATO which has a rifle grenade that fits it. WE (the US) don't use that rifle grenade, but since our lawmakers were told how the grenade fits the flash suppressor, and how these grenades are available at every 7-11 (deliberate sarcasm on my part here) then the flash suppressor had to be an EVIL feature. Not sure about the bayonet lugs, probably banned them because of all the drive by bayonettings... It does not have to be reason. It does not have to be logic. It does not have to be TRUE. All it has to be is passed by ONE VOTE and it becomes law, unless the President /Governor vetos it. That's our system, for both good and bad. There's an old quote, I don't remember it exactly, but what I do recall goes like this. "The law may upset reason, but reason must never be allowed to upset the law..." if any of you know the correct version, I'd like to hear it.
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April 6, 2021, 11:07 PM | #7 |
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Let's put it this way; if a law is, in my opinion, unlawful, I will probably ignore it.
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April 7, 2021, 08:50 AM | #8 | |
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April 7, 2021, 09:37 AM | #9 |
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There are lots of inexplicable laws on the books. One 2A law in my former hometown was that you could carry a pistol in your hand but that it must be a Colt Revolver! Probably a Jim Crow era law but then a silly fellow did just that and was arrested. Made for some fun. The guy was an infamous Internet troll for years.
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April 7, 2021, 01:37 PM | #10 | |
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April 7, 2021, 02:49 PM | #11 | |
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“The law may upset reason but reason may never upset the law, or our whole society will shred like an old tatami. The law may be used to confound reason, reason must certainly not be used to overthrow the law.” ― James Clavell, Shōgun
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April 7, 2021, 07:18 PM | #12 |
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Once the Democrats began to redefine the dictionary, it abandoned reasoned thought.
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April 7, 2021, 08:08 PM | #13 |
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Thank you OPC.
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April 8, 2021, 06:23 AM | #14 |
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Does a politician elected by the people have to do what the majority of the people want? NOPE. That is proven daily, so there are plenty of laws that many will say are NOT valid.
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April 8, 2021, 10:47 AM | #15 | |
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I came to the conclusion that your rep should do what she/he said they would do during the campaign because that's what go them elected . As for laws , I recently have been thinking that laws should have a principle written into them . Meaning "this is why the law was written and this is what it is supposed to accomplish" . I believe this would allow debate and retraction of laws that don't do what they were intended to do . I also believe it would stop loopholes to where people trying to get around the law by claiming it doesn't say something specific . You/we can go back and look at the principle/intent of the law to see if what one is trying to do is in violation of said intent . How that all would work IDK because maybe a law does 20% of what was intended , would that be good enough to satisfy ? Like banning CC , Ok why and what's the outcome you expect . If it's to reduce gun related crimes and it doesn't then the law must be taken off the books .
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April 8, 2021, 11:06 AM | #16 |
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silly laws
Excellent response, Frank.
"New" laws keep politicians names in the public eye and are good for re-election purposes. Contact these Congressmen and let them know your objections and why. Be brief and to the point and spelling does count.
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April 8, 2021, 12:02 PM | #17 | |
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April 8, 2021, 09:20 PM | #18 | |
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April 8, 2021, 11:08 PM | #19 | |
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April 9, 2021, 10:31 AM | #20 | |
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April 9, 2021, 12:51 PM | #21 | |
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Our professional planning consultant advised us that it wasn't customary to include such prefatory clauses in zoning regulations. I held out, the regulation was adopted with the prefatory clause ... and the ZBA went merrily along, ignoring both the express intent and the operative language of the regulation.
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April 9, 2021, 05:51 PM | #22 | |
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April 9, 2021, 07:22 PM | #23 | |
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But never disregard the power of stupid. I have previously mentioned, on more than one occasion, the video I saw on YouTube several years ago showing part of a public meeting of some county board of commissioners -- somewhere. They were debating the passage of a new anti-gun law. During public comments, a member of the audience came to the microphone and reminded the commissioners that there was no point in passing their new law, because the state had preemption in the field of firearms so the new law would be unenforceable. To which one of the commissioners responded that he didn't care if it was unenforceable, he was going to vote for it anyway ... because "We've got to do something." You can't develop that level of stupid -- it has to be genetic.
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April 9, 2021, 10:19 PM | #24 | |
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April 10, 2021, 07:28 AM | #25 | |
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Now the question is, are the reasons valid? This is the loaded part because the answer is Yes and No. Pahoo touched on this more succinctly. Validity is a perspective. If you support the law, it has validity. If you don't support it, you aren't apt to claim it has validity. In fact, quite the opposite. Pistolero cited an interesting example above and questioned why the number was 6. He could have raised several other questions as well as it is a convoluted law, but is it valid? Absolutely, at least from the perspective of the proponents at the time when they were trying to put the law into place. Is it invalid? Absolutely, at least from the perspective of anyone who wants to own more for reasons outside of the exceptions. There is no law that I know of that requires lawmakers have reasons for passing laws where the reasons must meet or exceed some sort of validity standard. I seem to recall some passages (state laws?) stating that laws must be enacted for the 'good of the people' or some such language, but as a level of valid reasoning, that is so vague as to being virtually useless. Theoretically, if a lawmaker perceives that there is a need (justified validity) for there to be a law and to sell that perception to fellow lawmakers, then a law will come about.
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