frigidweirdo
Diamond Member
- Mar 7, 2014
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This is correct with regard to the fact that the Second Amendment right is not ‘unlimited,’ it is subject to restriction by government.But, those limits are only placed on those who have been found guilty of a crime and have lost their liberty.This has changed. The 2A has only recently been made relevant for the state and local governments.
Basically you need to write something to suggest that a right cannot be violated.
1A says "Congress shall make no law"
3A says "No soldier shall"
4A says "shall not be violated"
5A says "No person shall" "nor shall any person"
6A manages to not do a negative
7A also
8A says "Excessive bail shall not be required"
9A says "shall not be construed"
Seems like the Founders wanted to mix up the wording a little bit. However Congress can make laws prohibiting free exercise of religion for those after due process. By locking them up it can limit their religious freedom. It can also decide which religions aren't really religion and prohibit such practices, like ritual executions for example.
All of these Amendments have limits.
Of course all rights have limits if the specific manner of exercising those rights infringes on the liberties of others.
Carrying a gun, in and of itself, does not infringe on the liberties of others.
Keeping a machine gun does not, in and of itself, infringe on the liberties of others.
Free speech is limited if it infringes on the liberty of others, like putting someone in direct peril by yelling fire in a crowded theater, causing people to be trampled.
The free exercise of religion is also limited if one's religion demands human sacrifice.
Due process is required before limiting one's rights, but due process alone is not sufficient. There must also be a case-specific, compelling reason for such a limit (like criminal prosecution and conviction). Otherwise, no rights are preserved.
Yes, but the argument is that the RKBA "shall not be infringed" at all, ever. Clearly wrong.
No, carrying a gun doesn't infringe on the liberties of others. Nor does taking drugs. Nor does have a nuclear bomb. Nor does being Muslim. Nor does take a knife on board with you on an airplane. Lots of things don't do anything, yet some of them are banned because they could pose a threat.
Yes, free speech is only limited when it poses a threat. If I say something that breaks the laws of treason, what I said doesn't mean that people will die, or the National Security. But it could, so you're guilty of treason.
Now, carrying guns around doesn't harm people, but it could. The fact that the US has a murder rate 4 times higher than most First World countries and 3/4 of all murders are with guns is telling. Threats are posed by people with guns. Just because it doesn't always result in harm to others isn't the point. How many of the things that are banned ALWAYS pose a threat?
So, if religion can be limited because Human Sacrifice takes away someone's life, why can't guns be taken away when 11,000 people are being murdered with them every year?
Actual human sacrifice as religious dogma is not protected by the Free Exercise Clause because the only outcome of such religious ‘expression’ is the unlawful death of an individual; that’s not the case with regard to possessing a firearm.
Second Amendment jurisprudence recognizes weapons as being either ‘dangerous and unusual’ or ‘in common use’; the former being subject to greater government restrictions, such as fully automatic firearms and SBRs, and the latter handguns, entitled to greater Second Amendment protections.
The problem with human sacrifice is that the outcome is "unlawful", now, imagine having a gun were "unlawful", then the only outcome of carrying a gun would be to be unlawful.