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April 22, 2013, 04:13 PM | #26 |
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We see no need to reconsider that interpretation here. For many decades, the question of the rights protected by the Fourteenth Amendment against state infringement has been analyzed under the Due Process Clause of that Amendment and not under the Privileges or Immunities Clause. We therefore decline to disturb the Slaughter-House holding.
From McDonald v Chicago. No mention of the case being decided correctly, just that it's basically easier to do the due process clause runaround. |
April 22, 2013, 04:23 PM | #27 |
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More precedent on 14A. That's why I'm suggesting we base it on Article 4, Section 2- avoid Slaughterhouse entirely.
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April 22, 2013, 07:53 PM | #28 | ||
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Simplistic
From the Corfield v. Coryell opinion quoted:
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So, let's don't put the cart before the horse. Let's get an explicit decision from the Supreme Court holding that the 2A includes the fundamental right to bear arms outside the house. Then we can worry about the other stuff. |
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April 22, 2013, 08:44 PM | #29 |
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OK maybe there, but I still get the other two!
And half of this was trying to prove we do have the right to bear outside the home. The Reception Statutes, remember? |
April 22, 2013, 10:50 PM | #30 | |||
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But if we focus on nondiscrimination, I seem to get some traction on the idea that a State's carry laws must have a provision for non-resident citizens (per Article IV, Section 2) ... for that matter, it also seems that the 14th Amendment's "equal protection" clause requires that a State's carry laws have provisions for any person to carry ... in the legislative history of the 14th, the preceding Freedmen's Bureau Bill specifically mentioned the RKBA in its equal protection clause, regarding "full and equal benefit of all laws and proceedings for the security of person and estate, including the constitutional right of bearing arms". |
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April 23, 2013, 08:42 AM | #31 | ||
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April 23, 2013, 09:18 AM | #32 |
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Location: Arkansas, USA
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You have the Right to "Keep", as in own and store, presumably on your premises.
You have the Right to "Bear", and in carry, presumably openly - since concealed has been reduced to a priveledge. But under no circumstances do you have the RIGHT to discharge a firearm, or weapon of any type, offensively or without defensive purpose.
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The opinion of 10,000 men is of no value if none of them know anything about the subject. - Marcus Aurelius - TFL Member #17104 |
April 23, 2013, 09:25 AM | #33 | |
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Beyond that, even the 7th Circuit doesn't tell you HOW you bear is a right. Just that SOME way of bearing is a right. i.e. Either or, even both, but not none. A state can allow Concealed carry, but ban Open carry, like Texas, or Allow Open Carry but not(or heavily heavily restrict) Concealed. Like...- somebody I guess. |
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April 29, 2013, 03:51 PM | #34 |
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And some States have a right to keep and bear that is more stringently worded.
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April 30, 2013, 07:15 AM | #35 |
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Here in NJ, the state constitution has no wording on the RKBA. Even if it did, the constitution gets changed on a whim so many times that it probably wouldn't matter, as it would've been struck by now.
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April 30, 2013, 08:49 AM | #36 |
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Then it defaults to the Federal RKBA, which has been incorporated.
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