@Irishk,
Irishk wrote:I kinda like the idea of licenses.
Can't think of any good reason not to have them.
Maybe I'm missing something?
. . .
CONTINUED
IF by a history of misconduct, a man has proven himself intolerably dangerous, then
unarmed or not,
he shoud be
removed from
access to the decent people of America permanently,
or for many years, but if a man was slow to pay his taxes or erred
in his arithmetic, his
natural right to self defense remains unaffected.
Another consideration is the moral and constitutional requirement
of “
equal protection of the laws”. US Constitution Amendments 5 & 14
[All emphasis has been added by David.]
Most citizens woud probably agree that after a convict has been released from prison,
it ’d be rong to make him play Russian Roulette.
Upon that same principle, it is both morally intolerable and in my opinion,
repugnant to the US Constitution, to force him to just take his chances
of violent depredation, every time he ventures to the corner to get a loaf of bread,
or when he goes fishing or hiking in the wilderness.
If he is going to be offered a fresh start after he ’s served his time,
then there must be no discrimination against him qua whether or not
he can defend his life, or defend his family at any time or place.
We know for a fact that innocent men have been convicted n incarcerated,
regardless of the presumption of guilt after a conviction.
Shoud thay be forever screwed out of their natural right to defend
their families from violence because a court made a mistake? I don’t think so.
During the years that such a man awaits a judicial certificate of relief
from disabilities, he can get killed or his loved ones can be slain in front of him.
We know, from abundant historical experience, that government
can be arbitrary n capricious in attending to citizens' rights.
Suppose, e.g., that as u walk thru the world, some nasty angry fellow shoves u
out of his way, with obnoxious words; in so doing, he loses his balance,
grabs u for support, u cry out in surprize and rejection,
and falling, he breaks his head and his brain falls out.
(Imagine that u did not expect this.)
Arriving on the scene, police deem u to have been involved in an altercation with fatal results
and thay arrest u. Some witness says that he heard some angry words said, before the death.
The D.A. offers to let u off easy, if u plead to a minor offense,
and very slight penalty. This will save u a trial and expensive legal defense fees.
If u take the deal, then your record looks like u may be too "hot headed" to "be
trusted"
with a license to defend your life from future robbery, etc.
Some surprizes have arrived unexpectedly; not all for the good.
Suppose u go to friends for a weekend with them.
Host gives u hors d’ oeuvres with a nice wine, while u chat about the children.
U get a call of an emergency at home. In a state of alarm, u rush home
and get stopped for speeding 7 miles over the limit;
arrested for speeding & DWI, plead down to DUI.
As far as your right to defend your child from burglars
at home a year or 2 later, or from robbers in the street:
where does that record leave u qua licensure??
The purpose of licensure
is DISCRIMINATION.
What will thay do to your application?
How will u fare in the discrimination after your guilty pleas?
The 2nd Amendment was
NOT written for the defense of
immaculate SAINTS and
ANGELS.
It was written to defend the natural rights of
ALL American citizens.
GOVERNMENT WAS NEVER GRANTED JURISDICTION TO DISCRIMINATE QUA WEAPONS,
tho it
CAN rid us of dangerous robbers, murderers, etc, etc. thru
confinement or
ISOLATION.
Let government act against
the offender, not against his tools.
Licensure can only be accomplished by
USURPATION of power by government,
which was explicitly denied authority to interfere in personal armament of the citizenry.
Government can only exercise this power of licensing by
STEALING it, in violation of the Instrument
that created that government. One of the reasons for civilian armament, in the
vu of the Founders, was for the citizens to keep their employee, government, in line.
The Creators of that government were most acutely aware of the occasional
need to overthrow government, as thay had just finished doing.
In such a confrontation: thay wanted the citizens to
WIN.
The means to that goal must remain at hand.
The Founders
physically put sovereignty into the hands of the citizens.
US Supreme Court Justice Joseph Story (1811-1845) pointed out that:
"The right of the citizens to keep and bear arms has justly been considered
as the Palladium of the liberties of the republic since it offers a strong
moral check
against usurpation and arbitrary power of the rulers;
and
will generally...enable the people to resist and triumph over them."
[All emphasis has been added by David.]
His view was adopted by the US Supreme Court in
US v. MILLER 3O7 US 174 (1939),
together with that of Judge Thomas Cooley who reiterated that idea, adding:
"The meaning of the provision...is that the people...shall have the right
to keep and bear arms and
they need no permission or regulation of law for the purpose.
"
[All emphasis has been added by David.] This quote was also cited with favor by the USSC in
HELLER
554 US 290; 128 S.Ct. 2783 (2008)
The Constitution no more allows any government to control guns than to edit the Bible or control who has one.
(Any conflict between the Constitution of 1787 [e.g. the interstate commerce clause] and the Bill of Rights
must be resolved to favor the Bill of Rights, because those rights were
changes to the original instrument.)
If I think of any more reasons against the institution of licensure,
I 'll let u know, K.
David