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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  It seems to me that IF you have a right to keep (2+ / 0-)
    Recommended by:
    fuzzyguy, Justanothernyer

    something (i.e. piece of property) that right is somewhat useless if you can't buy, sell, or trade it.

    I agree the Commerce Clause is wide and vast in the power it grants Congress, but the problem here is, IF we are going to say the 2nd Amendment applies to individuals, as the Supremes have now so ruled, then it is one of the few, if only, property based things in the BOR.

    There isn't an Amendment that specifically addresses a thing other than guns (arguably homes in the 3rd and 4th Amendment, but that's less about the right to "posses" a home than the right to be secure in your home--still probably the only other example).

    Then there's the whole 5th Amendment Due Process thing.

    I think you are right that licensing, registration, etc are all copasetic under the current 2nd Amendment jurisprdunce, the problem there is political, not judicial...but I suspect the courts would find some limits if you went too far.

    •  But look at the intent. The amendment doesn't (1+ / 0-)
      Recommended by:
      CA wildwoman

      anticipate keeping, selling, trading and bearing. And given the historical context, you were supposed to keep it... you know, militia and all that.

      It seems that they only ruled only on one narrow question, absent a decision of regulation, obviously, therefore I would agree that just about everything else is up in the air. At least that's what I read into this.

      202-224-3121 to Congress in D.C. USE it! You can tell how big a person is by what it takes to discourage them. "We're not perfect, but they're nuts."--Barney Frank 01/02/2012

      by cany on Tue Dec 18, 2012 at 02:16:28 PM PST

      [ Parent ]

      •  So I have been advocating everywhere the KEEP (3+ / 0-)
        Recommended by:
        Debby, cany, CA wildwoman

        part.

        Felony - failure to secure deadly weapon
        Accessory - to any crime made with your unsecured weapon
        Intent to murder - possession of a gun without a serial number.

        We have always glossed over the word keep.  Gun owners need to keep their guns.  Take responsibility for their guns.  Control their guns.

        We can call it the Charlton Heston cold dead hands laws.

        Hey, GOP - Get In, Sit Down, Shut up, & Hang On!

        by 88kathy on Tue Dec 18, 2012 at 03:08:52 PM PST

        [ Parent ]

    •  So licencing and registration would be fine... (0+ / 0-)

      for the First, Fourth, Thirteenth and Twenty-Fourth Amendments too, right?

      •  right to have property (0+ / 0-)

        does not mean the right to not have it licensed or registered, or do you rail against vehicle licenses and registrations and compare that to licensing humans as you appear to do with guns?

        •  Vehicle licencing and registration... (0+ / 0-)

          has very little to do with safety, and everything to do with state revenue.

          If licencing drivers was truely about safety, it would be more difficult.

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