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TPaine7

(4,286 posts)
10. Do you actually doubt that per the Second Amendment, the NY legal scheme is invalid?
Wed Jan 25, 2012, 01:49 AM
Jan 2012

Keep in mind that it permits no bearing of arms by people eligible to bear arms who don't reside in the city.

If NY City allowed unconcealed carry by all sane, law-abiding people or even if they respected out-of-state permits you would have a stronger case. But they totally infringe the right. Their legal scheme is itself illegal.

What is pathetic is that the City of New York knows full well that its legal scheme is illegal. It has a technical fig leaf to stand behind--the Supreme Court has not said so explicitly in a modern ruling. But they are the real criminals. They know they are committing crime—just like the thuggish Mayor knows the scanning technology he is testing violates the Fourth Amendment—but his attitude is "so sue me."

The penalty for blatantly violating the Bill of Rights under color of law shoud be prohibitive—it should strike fear into the hearts of petty megalomaniacs.

The Second Amendmen is not an excuse, any more than the First or the Fourth. If I am arrested because some city believes it has the power to violate the Bill of Rights, they are the ones in error, not me. You agree with that with respect to the First, Third, Fourth, Fifth, Sixth, Seventh and Eighth Amendments.

As a practical matter, it would have been wise for her to have known of NY's unconstitutional and abusive laws, but as a matter of legitimate legal theory, no one has a duty to live their lives according to transparently unconstitutional—that is to say, illegal—laws.

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