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View Diary: "I Wanted My Guns Back. I Just Wanted Them Back So Bad." Update. (306 comments)

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  •  RKBA activists will argue (4+ / 0-)
    Recommended by:
    tytalus, nellgwen, CuriousBoston, a2nite

    that swimming pools and swimming are not a civil right protected by the US Constitution.

    But even Heller v. D.C., which held that the RKBA for self defense is an individual right in ones home, said that there is no right to create a menace to oneself or others and that it is a legitimate function of the state to regulate the expression of RKBA under the 2nd Amendment.

    McDonald held that the right extends outside the home, but again did not specify what regulations are permitted, just that handguns cannot be outright banned.

    So your pool analogy is great, IMO, because it acknowledges the balance of rights of the swimmers to freely assemble with the responsibilities of the pool owner to avoid creating a menace for others who can not safely assemble in the pool. The barrior restricting entry need not be super high, you don't have to have it guarded 24/7, it just has to be high enough to discourage reckless behavior and curious children.

    "They did not succeed in taking away our voice" - Angelique Kidjo - Opening the Lightning In a Bottle concert at Radio City Music Hall in New York City - 2003

    by LilithGardener on Fri Jul 19, 2013 at 01:19:37 PM PDT

    [ Parent ]

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