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In reply to the discussion: another legal question. Why is operating a motor vehicle a privilege and operating a gun a right? [View all]jody
(26,624 posts)20. Read the Heller decision and cite passages to rebut my assertion.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=07-290#dissent1
The parallels between the Second Amendment and these state declarations, and the Second Amendment's omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense, is especially striking in light of the fact that the Declarations of Rights of Pennsylvania and Vermont did expressly protect such civilian uses at the time. Article XIII of Pennsylvania's 1776 Declaration of Rights announced that "the people have a right to bear arms for the defence of themselves and the state," 1 Schwartz 266 (emphasis added); §43 of the Declaration assured that "the inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed," id., at 274. And Article XV of the 1777 Vermont Declaration of Rights guaranteed "[t]hat the people have a right to bear arms for the defence of themselves and the State." Id., at 324 (emphasis added). The contrast between those two declarations and the Second Amendment reinforces the clear statement of purpose announced in the Amendment's preamble. It confirms that the Framers' single-minded focus in crafting the constitutional guarantee "to keep and bear arms" was on military uses of firearms, which they viewed in the context of service in state militias.
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another legal question. Why is operating a motor vehicle a privilege and operating a gun a right? [View all]
srican69
Dec 2012
OP
I always have had the faith that law, in the long run, is fair and impartial ...
srican69
Dec 2012
#5
It has only been interpreted that way for 4 years. If you throw you lot with Scalia, Thomas, Alito,
byeya
Dec 2012
#14
Even if one concedes that it is an individual right though it does not mean no regulation.
yellowcanine
Dec 2012
#19
The right to self-defense ranks at or near the top of natural rights. Arms are effective tools for
jody
Dec 2012
#8
Prior to 2008 it was perfectly legit for a jurisdiction to ban handguns. In 2008, the Filthy Five of
byeya
Dec 2012
#12
The 4 minority justices recognized the right, citing PA & VT constitutions but held the 2nd was not
jody
Dec 2012
#15
translation please ... I have a PhD in systems engineering but somehow its not helping
srican69
Dec 2012
#16
Your posts suggest you have not read the Heller opinion and dissent. I would give you a link but in
jody
Dec 2012
#28
In 1981 Morton Grove. IL. banned the ownership of handguns and on appeal the appeals
byeya
Dec 2012
#22