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View Diary: RKBA: Open Thread (320 comments)

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  •  Please cite case law or Court opinions (1+ / 0-)
    Recommended by:
    DefendOurConstitution

    for your claims about unconstitutional restrictions on civil rights.

    When did any court determine that someone could vote without being registered?

    When did any court determine that people can vote in a district of their choice? On any day of their choice?

    When did any court determine that a defendant could move the trial to any jurisdiction, according to his own free choice?

    When did any court determine that a choir could exercise their religious edict to save souls by performing at 2AM on a quiet residential street.

    When did any court determine that a parade permit fee is unconstitutional?

    All civil rights have restrictions that balance the individual expression with the risk of harm/violation of the rights of others.

    "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 Tue Aug 20, 2013 at 08:18:32 AM PDT

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    •  Well said. nt (1+ / 0-)
      Recommended by:
      LilithGardener

      “In keeping silent about evil, in burying it so deep within us that no sign of it appears on the surface, we are implanting it … we are thereby ripping the foundations of justice from beneath new generations.” - Aleksandr Solzhenitsyn

      by DefendOurConstitution on Tue Aug 20, 2013 at 08:22:58 AM PDT

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    •  I'm curious, do you always go by (1+ / 0-)
      Recommended by:
      theatre goon

      SCOTUS opinions or case law when it comes to the Constitutionality of a law or legislation?

      Republicans cause more damage than guns ever will. Share Our Wealth

      by KVoimakas on Tue Aug 20, 2013 at 08:26:04 AM PDT

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      •  I'm sure LG is consistent (1+ / 0-)
        Recommended by:
        theatre goon

        and loves Citizens United and the decision putting Bush in office.

        Or only supports it when it suits her.

        I'm guessing option 2.

      •  Only when I'm trying to guage whether (0+ / 0-)

        dubious legal theories have any merit.

        In Heller SCOTUS articulated relief explicitly. We don't have to wonder if registration and licensing and training requirements are constitutional.  

        Mr. Heller's relief was to register his gun and obtain a DC gun license, which includes a training requirement. Apparently the majority opinion in Heller thought those requirements were constitutional restrictions on the individual RKBA.

        "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 Tue Aug 20, 2013 at 08:49:56 AM PDT

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        •  So, not all the time. Gotcha. I understand that. (1+ / 0-)
          Recommended by:
          theatre goon

          That isn't meant flippantly either.

          Republicans cause more damage than guns ever will. Share Our Wealth

          by KVoimakas on Tue Aug 20, 2013 at 08:55:54 AM PDT

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          •  New ideas are not necessarily without merit (0+ / 0-)

            but I'm not entertained by dualing fantasies, even if the rhetorical games are entertaining in the short run.

            I'm a strong supporter of the individual RKBA for the purpose of self defense and other lawful purposes, but neither I nor anyone else can even mention any regulations without being accused of not caring about the whole bill of rights.

            I grew up with guns and now live in NYC unarmed. I know both sides of the rural/urban divide. The relative utility and the relative risk of harm varies a lot across our country and courts have been granting states and local jurisdictions wide latitude to solve local problems.

            I want to see more discussion of actual law and less gospel preaching.

            For example:
            http://www.dailykos.com/...

            "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 Tue Aug 20, 2013 at 09:15:52 AM PDT

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      •  I'm open to new ideas; (0+ / 0-)

        but I don't have to agree with everything SCOTUS decides to know that SCOTUS does get to decide where the boundary of constitutional/unconstitutional lies.

        We can look to the courts for guidance about whether gun license fees are a poll tax. According to Kwong v Bloomberg they're not.

        So until you cite case law articulating something different, I'll be basing my opinion on a court opinion rather than your unfounded gospel that license fees are obviously unconstitutional. Because civil rights.

        "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 Tue Aug 20, 2013 at 09:37:52 AM PDT

        [ Parent ]

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