Author Topic: Ryan Blocking Concealed Carry Reciprocity, Congressman Tells Armed American Radio  (Read 6853 times)

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Oceander

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It is not a limit.  There is no "only" or similar limitation in that clause.  A justification is not a limit.  It is not a reasonable position to add words that are not there. The only way to take that position is to ignore the rest of words actually written down: "the people" "shall not be infringed".

A justification can quite easily imply a limitation:  to the extent the justification does not apply, then there is an argument that the right does not apply, either. 

If it had read "protection from wild animals being necessary to a free state, the right of the people ...", then it would be pretty clear that where no such protection was needed, the right would not attach.  Thus, there would be a good argument that the right only attached in places where wild animals might be found loose, and therefore did not apply in, for example, cities. 

Offline thackney

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No, it is not clear.  It states that the right of "the people" to keep and bear arms, shall not be infringed. "The people" is a collective term, and does not unambiguously refer to each individual within that collective.  The Second Amendment is, on this point, ambiguous, and it is thanks to the Supreme Court's clarification that it is now held to be an individual's right.

Correct, an individual, with due process, can have that right removed.  The people as a group, have the right.  It is not limited to specific groups, such military. 
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Offline thackney

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A justification can quite easily imply a limitation:  to the extent the justification does not apply, then there is an argument that the right does not apply, either. 

If it had read "protection from wild animals being necessary to a free state, the right of the people ...", then it would be pretty clear that where no such protection was needed, the right would not attach.  Thus, there would be a good argument that the right only attached in places where wild animals might be found loose, and therefore did not apply in, for example, cities.

In this specific amendment and wording, it only becomes a limit if you add words not there and ignore the words actually written.
Life is fragile, handle with prayer