Skip to main content

View Diary: Guns Are Property, Not Liberty (114 comments)

Comment Preferences

  •  Interesting thought experiment (0+ / 0-)

    I pretty quickly went mentally to the "freedom of speech" right for a parallell. What I came up with was:
    I have a right to express myself, but no inherent right to a particular means to do so. It might be standing on a box on the corner, orowning a national network of radio stations, or something in between.  LIkewise if I have a right to keep and bear, it might be a sharp stick, or a top of the line AR 15.

    Now, how do I put those concepts into the framework of "controls".  We know my free speech is constrained as to time, place and manner; and there are legal restrictions on my ownership of certain kinds of means used to communicate. But nobody requires that I, personally, pass some background check, mental health screening, meet some level of education or otherwise "prove" my right to speak.  

    So maybe background checks aren't the way to go. But likewise there should be no reason to object to restrictions on certain types of weapons or features of weapons (in fact, we already have that). Presumably there are also reasonable restrictions along the lines of time, place, manner in how I keep or use the "arms".

    “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

    by Catte Nappe on Fri May 03, 2013 at 12:00:47 PM PDT

    •  Reminds me of an old schoolyard meme. (10+ / 0-)

      "Sticks and stones may break my bones, but words will never hurt me."

      But nobody requires that I, personally, pass some background check, mental health screening, meet some level of education or otherwise "prove" my right to speak.
      Right. Partly because you can't kill someone just by speaking to them.

      Background checks, screenings, &c. don't "'prove' [your] right to [keep and bear arms]." What they do is establish that there's no reason to deny you the "right" to purchase that particular gun at that particular time in that particular place from that particular seller.  

      The exercise of any "right" is and has always been limited at the point where it puts other people at risk.

      And, finally, free speech is a civil right; gun ownership is a property right. Neither is greater or lesser than the other, but they don't work the same way.

Subscribe or Donate to support Daily Kos.

  • Recommended (148)
  • Community (65)
  • Elections (43)
  • Civil Rights (38)
  • 2016 (32)
  • Culture (32)
  • Baltimore (28)
  • Law (27)
  • Economy (27)
  • Texas (27)
  • Bernie Sanders (26)
  • Environment (26)
  • Hillary Clinton (24)
  • Labor (23)
  • Rescued (21)
  • Health Care (20)
  • Barack Obama (20)
  • Republicans (18)
  • Freddie Gray (17)
  • International (17)
  • Click here for the mobile view of the site