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The Right To Bare Arms

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He might also note that McDonald also REAFFIRMED the practice of barring gun ownership by felons.

We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory
measures as “prohibitions on the possession of firearms by
felons and the mentally ill,” “laws forbidding the carrying
of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” We repeat those assurances here.
Correct but Heller also talked about reinstatement opportunities. Of course, many issues were left unresolved by the Heller & McDonald case. Of course older rulings, like US v Miller can still be referenced when looking at assault weapons bans and recent talk of limiting ammo clip capacity. All these laws would be unconstitutional under the Miller ruling since they have a connection to military/militia use (the Miller ruling was on sawed-off shotguns and how they have no military value and hence are not covered under the 2nd amendment). I was selling handguns to folks in Chicago in the 80's and 90's w/o regard to Chicago ordinances outlawing them. I was not in Chicago & not bound by their laws & also believed that the handgun law was unconstitutional. The AFT never cited me for anything nor even asked about it. It was common practice....oops, I'm getting off track to the OP ?...
 


FlyingRon

Senior Member
You keep bringing up points that are totally non-sequitor ot the issue we were discussing: Felons in possession of firearms. While these cases do deal with a lot of Constitutional issues of various gun restrictions, the one you brought up goes the other way on the subject at hand.
 

Dillon

Senior Member
What is the name of your state (only U.S. law)? Texas
As a felon in the state of Texas, do I still have the right to have or own a legally registered hand gun in my home, to protect my family from outside dangers?What is the name of your state (only U.S. law)?
who gave you the right before the felony?
 

Dillon

Senior Member
What is the name of your state (only U.S. law)? Texas
As a felon in the state of Texas, do I still have the right to have or own a legally registered hand gun in my home, to protect my family from outside dangers?What is the name of your state (only U.S. law)?
thats a good question?

Here is what the 9th amenment says about that:

Rights Shall Not Diminish

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Remember your rights cannot diminish - any right you are granted cannot later be taken away by the government per the U.S. Const. Amend IX.

The 9th is critical law which wipes out most of what the government has passed, including the right to be free of property taxes, the Patriot Act and Obomacare etc...

have a nice day
 
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FlyingRon

Senior Member
Dillon;2748493 Here is what the 9th amenment says about that: Rights Shall Not Diminish [B said:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."[/B]

Remember your rights cannot diminish - any right you are granted cannot later be taken away by the government per the U.S. Const. Amend IX.

The 9th is critical law which wipes out most of what the government has passed, including the right to be free of property taxes and the Patriot Act, etc...

have a nice day
That is the most egregiously awful interpretation of the ninth amendment that I've ever heard. By your argument, we couldn't lock people up, fine them, or do anything else that would deprive them of live, liberty, or property.

That is not the case. One faction of the framers believed that with the exception of what is listed in the Constitution, there were no powers the government could exert. The anti-federalists felt strongly that certain rights should specifically be listed (there was great historical view for this, the bill of rights was not a unique concept at the time). The ninth, just says that the list in the bill is not all-encompassing and just because it's not specifically listed doesn't mean you don't have them.

However, rights to life, liberty, and property can indeed be removed with due process such as a criminal trial and conviction.
 

davew128

Senior Member
Ron, I think Dillon was referring to the right to arm bears. What else is going to protect Yogi and Boo Boo when Ranger Smith attacks?
 

Dillon

Senior Member
That is the most egregiously awful interpretation of the ninth amendment that I've ever heard. By your argument, we couldn't lock people up, fine them, or do anything else that would deprive them of live, liberty, or property.

However, rights to life, liberty, and property can indeed be removed with due process such as a criminal trial and conviction.
Relax, as you know.

Rights arent lost but can be suspended temporally by due process of law until time is served for a crime committed.

one cant lose free speech or the right to bear arms after prison time is serviced ? - also one can get their property back, if one did not obtain it illegally, and if its actualy their exclusive property.

the government cant always protect you, they cant be in all places when needed?

if something is Right its not wrong by definition.

have a nice day
 
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