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Re: No more UN arms trade treaty for USA..... [Re: Marty] #6529056
04/30/19 09:20 PM
04/30/19 09:20 PM
Joined: Dec 2010
Posts: 11,205
Armpit, ak
D
Dirt Offline
trapper
Dirt  Offline
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D

Joined: Dec 2010
Posts: 11,205
Armpit, ak
I'm against a National Concealed Carry law. States rights.


Who is John Galt?
Re: No more UN arms trade treaty for USA..... [Re: white17] #6529152
05/01/19 02:18 AM
05/01/19 02:18 AM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
"Minka"
J

Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
Originally Posted by white17
Originally Posted by James
We have the right to "keep" (possess) and "bear" (carry) arms, under the Second Amendment.

I think the Heller and MacDonald cases only dealt with the right to keep arms. Nothing about bear, if I recall right.

Imho, we do have a Constitutional right to carry, concealed or open. I don't know if the SC would agree.

Jim


Heller was specifically addressing "keep" but if I remember correctly, Scalia made derisive remarks, in the majority opinion....to the effect that ..surely the founders did not mean the people could "bear" arms solely in their homes...........which was the tack the minority was taking.....along with "bear" in the militia context.

But critique my thinking here Jim. If Congress decides they have the authority to put into statute, CC and/or open carry...............1. where do they get that authority ? 2. Wouldn't it follow that the opposite is also true.....that they could prohibit CC/OC ? But how could that be true if 2A already secures that right beyond the reach of congress ? .....and 3. What would that say about the 10th amendment and federalism in general ?


1. The Commerce Clause and/or General Welfare Clause, probably.

2. No, it wouldn't follow because of the Second Amendment, imho. The Constitution sometimes allows Congress to do something, while barring Congress from doing the opposite. Maybe a poor example, but the only one that now occurs to me: Congress can help fund PBS, but couldn't ban PBS from broadcasting or dictate the content of the broadcasts.

3. I don't think a national CC act raises hard questions of federalism, but I could be looking at this from the wrong angle. (It wouldn't be the first time.) There definitely is a states' rights issue here, and I have to say I'm not sure how it would shake out.

A national ban on CC not only raises state's rights issues, but Second Amendment issues as well.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: No more UN arms trade treaty for USA..... [Re: Marty] #6529320
05/01/19 10:37 AM
05/01/19 10:37 AM
Joined: Dec 2010
Posts: 11,205
Armpit, ak
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Dirt Offline
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Joined: Dec 2010
Posts: 11,205
Armpit, ak
"Most Constitutional protections for individual rights are contained in the Bill of Rights, which constitute the first ten amendments to the Constitution. These amendments were adopted shortly after the adoption of the Constitution itself, in response to state concerns about the Constitution’s lack of protections for individual rights. The protections of these amendments were originally interpreted to apply only against the federal government, but the Supreme Court has since ruled that most of them were made applicable to the states by passage of the Fourteenth Amendment due process clause after the Civil War."

There is that illegally proposed and ratified, rush it through , 14th screwing up the original idea again. frown

See Jim your individual rights are protected by your State Constitution. All you have to fear is the Federal government run by all them other States, which has been the historical problem in Alaska.

"Alaska: A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State."

Last edited by Dirt; 05/01/19 11:31 AM.

Who is John Galt?
Re: No more UN arms trade treaty for USA..... [Re: Marty] #6529328
05/01/19 10:44 AM
05/01/19 10:44 AM
Joined: Mar 2007
Posts: 35,176
McGrath, AK
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white17 Offline

"General (Mr.Sunshine) Washington"
white17  Offline

"General (Mr.Sunshine) Washington"
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Joined: Mar 2007
Posts: 35,176
McGrath, AK
Thanks Jim !! Good example on PBS.

I could be mis-remembering..but it seems to me that when he was asked about the general welfare clause....Jefferson replied that it only applied to the enumerated powers. I am sure the SC and Congress has ignored that statement in its historical context of an answer, rather than actual text in the Constitution


Mean As Nails
Re: No more UN arms trade treaty for USA..... [Re: Marty] #6529453
05/01/19 01:56 PM
05/01/19 01:56 PM
Joined: Feb 2010
Posts: 19,719
pa
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hippie Offline
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I wonder if people who vote in democrats that write these state laws, and then look to republicans and conservatives (at the federal and court level) to save them understand their mistake?

That's rich if they don't!


Last edited by hippie; 05/01/19 01:57 PM.
Re: No more UN arms trade treaty for USA..... [Re: hippie] #6529475
05/01/19 02:34 PM
05/01/19 02:34 PM
Joined: Dec 2010
Posts: 11,205
Armpit, ak
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Dirt Offline
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Dirt  Offline
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Joined: Dec 2010
Posts: 11,205
Armpit, ak
Originally Posted by hippie
I wonder if people who vote in democrats that write these state laws, and then look to republicans and conservatives (at the federal and court level) to save them understand their mistake?

That's rich if they don't!



To answer your question. Jim doesn't. smile


Who is John Galt?
Re: No more UN arms trade treaty for USA..... [Re: Marty] #6529477
05/01/19 02:36 PM
05/01/19 02:36 PM
Joined: Dec 2006
Posts: 20,085
SEPA
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Lugnut Offline
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SEPA
Or he does and just doesn't give a crap.


Eh...wot?

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