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  •  Yes, but no one has the right to create a (1+ / 0-)
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    TheDuckManCometh

    menace for themselves or others.

    Let's take your analogy, alcohol.

    Alcohol is restricted for that very reason. The majority of people who consume alcohol can do so without creating a public menace.

    Consider just one example of a restriction that reduces public harm. Open container laws are there specifically to avoid lawful alcohol users from crossing the wide gray lines that separate responsible consumption / irresponsible consumption / creating a public menace for pedestrians and vehicles passing by.

    If (and only if) we are willing to admit that some people can not be trusted to self regulate their lawful, but irresponsible, impulses to display or use a gun in the public sphere,

    then, (and only then) will we be willing to choose among  many possible solutions to the reduce the public menace of irresponsible and unlawful display or use of a gun.

    There are many possible restrictions that can protect the right of self defense (and other lawful firearm uses) and can create a buffer zone against behaviors that create a public menace when some people decide to carry their gun into the public sphere.

    "They did not succeed in taking away our voice" - Angelique Kidjo - Opening the Lightning In a Bottle concert at Radio City Music Hall in New York City - 2003

    by LilithGardener on Fri Mar 22, 2013 at 11:57:18 AM PDT

    [ Parent ]

    •  an open container law (0+ / 0-)

      stipulates that you can't carry an open container in public, in public view, etc.  If you do so, it's a crime.  There is no real affirmative defense I know of for an open container.

      you're allowed to drink all day in private, assuming you're of age and are not operating machinery, driving (or in most states, carrying a gun).

      shooting somebody in self defense, is still homicide.  The self defense claim is an affirmative defense (yes I shot him, in defense of my life).  That gets you off the hook for murder.  

      But wait, you still broke an unlawful use of a weapon law by brandishing a pistol (drawing in public).  AND you likely broke another law for discharging the firearm within city limits. A carry permit gives you an affirmative defense for brandishing and discharging the weapon.  Again, assuming it was ruled a good shoot.

      Until you talk about carry laws, it's close, but there's to aspects of gun control currently:

      -What you should/shouldn't be able to own
      -Where you should/shouldn't be able to have it.

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