tampax:"Did you say that 44 of the 50 States have strong gun ownership provisions in their Constitutions? Why do you suppose that is? It's because the US Constitution
permits them to - in fact it
permits them to have strong, or even weak gun ownership provisions. The US Constitution leaves such matters as individual gun ownership and related issues up to the States.
That's why you can strap a gun to your hip, and walk down the street in a south western state - but risk being shot were you to try it in most others. That's why you can carry a concealed gun in one state, but not another. That's why you can drive down the highway with a gun in your car, but are not permitted to have one in your home in certain cities, and the District of Columbia."
Not quite right.
Actually, the founders gave Congress constitutional authority
to regulate. But Congress can elect not to regulate or
fully regulate the states. Congress can choose to preempt
states from regulating inconsistently. The federal regulation
of nuclear power plants by the Nuclear Regulatory Commission
is a well recognized example of preemption.
As for guns... historically, congress has allowed the
sharing of regulation with the state governments.
This is why the gun laws differ so much state to state.
But the fact the federal govt. and 44 out of 50 states secure
and
individual right to bear arms, supports my position.
But the import point here is:
You have once again confused reasonable state based
restrictions for the absence of a constitutional right.
Individuals still have the right to bare arms, regardless
of state imposed restrictions.
tampax:As for the NRA "loving" to see the issue reach the Supreme Court - they can file suit this morning. In fact, they could have done so yesterday, or the day before that, or the day before that.
And exactly WHAT would they file suit over???
No state has a complete gun ban in the nation, or to my knowledge,
has ever even attempted this.
tampax:And yes, the Attorney General is quite vocal in his support for the Second Amendment - and who better than he to ask the Court for relief for the poor citizens of NYC, or to keep you from having to deal with the restrictions placed on you by your own or other states. He hasn't done so because he knows full well that the Court would side with, for example, the State of New York in granting the city of New York the authority to decide who shall and shall not be armed.
We already know states are allowed to futher restrict differently.
What's your point?
tampax:With all due respect, and at the risk of this sounding like a personal attack, you are too thick headed, and apparently too stupid to have a gun - at least in my humble opinion.
That definitely qualifies as a personal attack.
I expect nothing less from someone who has no case.
tampax:And one more thing, just to set the record straight, Axie. There is no Federal Statute prohibiting one from "shouting fire in a crowded theater" - or even an empty one. It is a phrase used as an example of what might be an exception to Free speech, for God's sake.
Shouting fire in a crowed theatre IS illegal in probably most,
if not all states, which is another example of how a constitutional
right is NOT violated simply because it is restricted at a state level.
---------- In SUMMARY -----------
1) Your original statement:
You do not have a Federal Constitutional right to keep and bare arms - your right, such as it may be, is granted and controlled by your state. If you had a Federal Constitutional right, then the answers would all be yes.
Is patently false. I have already shown that further state
restrictions on constitutional rights by the states does NOT
prove that you do not have a constitutional right.
The right to bear arms is granted by the federal, NOT state
government, and the federal government allows the state
governments to further reasonably restrict these rights.
2) You have consistently DODGED supporting your original
big fat empty assertion of:
"tampax:" You do not have a Federal Constitutional right to keep and bare arms "
tampax:"The Second Amendment applies to the States - not to you""
3) You are WRONG about NYC and DC.
NYC and DC *BOTH* allow for the legal possession of rifles AND
handguns. Rifles and shotguns without permits even in NYC!
They do have the most restrictive set of laws, but
they are legally acquirable.
There is NO complete bans of firearms in ANY state in the union.
4) You said:"you are too thick headed, and apparently too stupid to have a gun "
And yet...
a) YOU are the one who has FAILED to make his case.
b) Resorted to personal attacks when you had no case
c) Failed to understand the difference between allowing further
state regulation of firearms, and the constitutional right
to bare arms.
d) Fail to recoginze the the federal consitution,
44 out of 50 state constitutions, and even the Attorney General,
all side with my opinion on the right to bare arms.
I'll take your constant dodging of your original
empty assertions as conceding to this debate.
Or do you care to try and prove them one last time?
Personally... I think THREE STRIKES YOUR OUT says it all.
I know....i'll just leave you to pick up the shattered
pieces of your weak argument off the floor
peace
axeman