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Turns out the 2nd Amendment isn't absolute

The U.S. Supreme Court on Monday rejected a petition from Mark and Patricia McCloskey, the couple who pointed guns at Black Lives Matters protesters outside their St. Louis, Mo., home.

…The court declined to hear the McCloskeys’ appeal as they attempted to end a probationary period tied to a suspension of their law licenses instituted by the Missouri Supreme Court in February.

…In their petition to the Supreme Court, the McCloskeys argued that their Second Amendment rights were being violated, and noted the pardon and the fact that their actions had been praised by Trump. The couple were denied cert — meaning that fewer than four justices wanted to hear the case — despite a six-to-three conservative majority on the court, which includes three justices appointed by Trump.
yahoo news
badminton · 61-69, MVIP
Correct! The gun nuts keep leaving out the first clause of the 2nd amendment: "A well-regulated militia."
Diotrephes · 70-79, M
@Graylight May I draw your attention to Article I, Section 8, of the Florida constitution=

"Text of Section 8:
Right to Bear Arms

(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.

(d) This restriction shall not apply to a trade in of another handgun."
https://ballotpedia.org/Article_I,_Florida_Constitution

Notice that it doesn't say ____ about being in the militia.
badminton · 61-69, MVIP
@Diotrephes That Florida amendment shows there is much room for debate in what regulations may be impossed on firearms.
Diotrephes · 70-79, M
@badminton Gun control is a State issue under the current federal constitution. The control freaks in Washington stole the issue from the States in the 1930s. All federal gun control laws are unconstitutional and need to be revoked. But they built an empire with the ATF bureau.

BTW, most States put their own spin on the issue. Some copy the federal language and some don't even mention the right to bear arms.

New Mexico and Missouri probably have the clearest language =


"Text of Section 6:
Right to Bear Arms
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."
https://ballotpedia.org/Article_II,_New_Mexico_Constitution

"Text of Section 23:
Right to Keep and Bear Arms--Exception
That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction."
https://ballotpedia.org/Article_I,_Missouri_Constitution

Wouldn't you say that even an imbecile can read and understand those articles?
If you point guns at random people who aren't threatening you or anyone else, you can't be part of a well regulated militia. So how did they think their rights were violated?
Graylight · 51-55, F
@NerdyPotato I'm not sure, but I think the argument went:

We're white.
And rich.
So we're naturally entitled.
To anything and everything.
Consequences? Is that French?
ninalanyon · 61-69, T
@Graylight Militia is probably French too :-)
The sense of "citizen army" (as distinct from professional soldiers) is first recorded 1690s, perhaps from a sense in French cognate milice.
https://www.etymonline.com/search?q=militia
badminton · 61-69, MVIP
@Ozuye502 No one is taking away firearms! This is a false flag the gun lobby/industry keeps raising. Gun control laws are SCREENING laws to prevent dangerous and unfit people from having access to firearms. Similar to screening regulations at airports.

We already prohibit children from buying guns and ammo, so the principal of sensible gun safety laws has already long been in place. The 2nd Amendment is open to much interpretation. 2A is NOT an unrestricted right for any lunatic, criminal or half-wit to have access to any and all weapons,

The gun industry does not want any regulation of their deadly products as it would cut into their profits. Every year thousands of Americans pay the price for the gun industry's greed.
redredred · M
“A well balanced breakfast being necessary to the start of a good day, the right of the People to buy and eat food shall not be infringed”

Now, who has the right to buy and eat food, the well balanced breakfast or the People?
Graylight · 51-55, F
@redredred Again, I'm not going to argue with someone who thinks they inherently understand what every SCOTUS justice up until 2010 didn't. That's next-level Dunning-Kruger.
Diotrephes · 70-79, M
@redredred What's up with the hard questions?!!😉
redredred · M
@Graylight I thought the question was self-evident, not a topic for argument.
Diotrephes · 70-79, M
That case should have never been in the federal courts in the first place because it was a State crime covered by the Missouri State constitution. We need some intelligent judges instead of the old buzzards that are too lazy to die off.
room101 · 51-55, M
what's the bet that those three trump appointees suddenly "decide" to retire early🤨🤨
@room101 If Trump gets re-elected, it's a given. Otherwise there's a good chance.
Changeisgonnacome · 61-69, F
Wow. I think that's a surprise.
BackyardShaman · 61-69, M
Carla · 61-69, F
Yeah, i think in the eyes of the conservative court, the 2A probably should stop just shy of pointing guns at people because you don't like the way they look.
[image/video deleted]
Dino11 · M
similarworlds.com/experiences/situations/4354406-What-does-the-Second-Amendment-guarantee
They threatened others, which is not the intent of the Second Amendment.
LordShadowfire · 46-50, M
Nice! Glad to hear it.

 
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