Daryl Hunt
Your Worst Nightmare
- Banned
- #661
well then, i have the right for my guns and they can't take it away.No, it limits the Federals powers. Nothing in the constitution deals with Natural or God Given rights. I suggest you read the constitution again without your preformed ideas about what you think it says.
You are correct that the constitution does not mention natural rights very much.
But it does mention them enough for us to know the founders believed they existed.
{...
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
...}
So then clearly there is the stated assumption that the people, all individuals, to have inherent rights.
And combined with the Declaration of Independence, then clearly it is those inherent individual, natural rights, that are the only source of any authority at all.
And some natural rights are enumerated.
{...
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
...}
When you cut through all the BS, the Rights aren't given by the Constitution. What the Constitution is saying is that the Federals cannot take those rights. The actual rights are given by the states and local governments.
thank you for summing this up so nicely.
What they can't take away from you is the right to protect your home. That's already been established. The Weapon of choice, they certainly can limit you to. They can't regulate your handgun in your home except by the number of rounds it can hold but they can regulate everything when you leave the home. It's your right in your home but it becomes a privilege when you exit your home.
No, it doesn't become a privilege when you exit your home as it stated in Heller...... Scalia states there might be a case that they can prohibit concealed carry, but that means that open carry is Constitutional...and even concealed carry was prohibited in some states as a custom, but the prohibition would be struck down today because it was just that, a custom, that broke the law and was unconstitutional even at the time it was enacted...
Again, you are presenting Dissenting Views. What part of Dissent are you having trouble with? You can't regulate a right. You can only regulate a privilege. You can't take a right but you can take a privilege. In the case of open carry, that is a privilege allowed by the State, County or Municipality, not the Feds. That Privilege can be taken away at the brush of a pen. But what can't be taken is the right to defend your home. That's a right. They can't take your right to own a sane handgun to defend your home inside the confines of your home. But they can define what Sane is like number of rounds contained, etc.. They can also require you to have a registered handgun and be licensed yourself. What they can't do is make it impossible to gain access to those registrations and licenses. Those are rights and those rights stop right outside your doorstep.