Ninth Circuit Court Upholds California’s Unsafe Handgun Act

So to answer your question . You will never find a law preventing you from doing anything .

I'm not a legal scholar, nor do I play one on TV and did not sleep in a Holiday Inn last night, so there may be exceptions I am unaware of, but the "laws" in the Bill of Rights DO prevent the Government from doing certain things (when obeyed).

"Congress shall make no law..."
"shall not be infringed"
"No person shall..."
I see those as a law preventing some specific actions.

Now, the rest of our laws, including our criminal laws are generally written differently, not to prevent, but to punish. Most of them are written (with some variations in language) saying "a person who does xxx is guilty of XYZ, and defines the class of misdemeanor or felony that XYZ is...
but a person has to DO " xxx" first, (and be found guilty of doing it) before the law applies.


And would the fact that we have rapid fire guns affected how the Constitution was written in regards to the second (be they semi automatic or full automatic) - we will never know, but the people today have to deal with the 2nd written 200+ years ago.

I think the best response to this kind of thing is this...

And would the fact that we have rapid communication have affected how the Constitution was written in regards to the first (be they text messages or Internet) - we will never know, but the people today have to deal with the 1st written 200+ years ago.

Anytime someone tries to float the trial balloon that our Constitutionally enumerated rights don't apply to modern technology (rapid fire weapons), because "the Founders could never have thought of them", remind them that same logic applies to ALL our modern tech, including their cell phone and Internet, social media, all of it.

Remind them that the logic that restricts modern weapons also means that their freedom of speech is limited to hand written letters, direct verbal speech (standing on a soapbox in the public park) and printed material produced on hand operated movable block type printing presses.
Nothing typewritten, or electronically communicated is covered by the First Amendment, using that logic.

Remind them that using that argument, ALSO means the government can, at will, monitor ALL their electronic communications. They have no right of privacy, against unreasonable search and seizure, because "our Founders could not have imagined" our modern communications technology, either.

And, I think you could also include all electronic bank records in that, as well. The Govt could look at anything thing that wasn't printed on a hand operated printing press WITHOUT A WARRANT...

just a thought to consider...
 
but the "laws" in the Bill of Rights DO prevent the Government from doing certain things (when obeyed).

"Congress shall make no law..."
"shall not be infringed"
"No person shall..."
I see those as a law preventing some specific actions.

I have to agree with that . I how ever was thinking more in the lines as the constitution/bill of rights is not a law per-say as much as it is a guide to how all other laws shall be written .

You are correct , the constitution/bill of rights are the supreme "law/s" of the land . I would also add that has not "prevented" the government from braking said laws ;) . Laws don't prevent anything , only allow a means to punish and or overturn/repeal .

Anytime someone tries to float the trial balloon that our Constitutionally enumerated rights don't apply to modern technology (rapid fire weapons), because "the Founders could never have thought of them", remind them that same logic applies to ALL our modern tech, including their cell phone and Internet, social media, all of it.

Remind them that the logic that restricts modern weapons also means that their freedom of speech is limited to hand written letters, direct verbal speech (standing on a soapbox in the public park) and printed material produced on hand operated movable block type printing presses.
Nothing typewritten, or electronically communicated is covered by the First Amendment, using that logic.

That's another great way of looking at it . To bad logic is not in the anti's vocabulary . Maybe we start using common sense as the term instead of logical ? I keep hearing how we need common sense this or that . How about we use common sense when writing this law or that law ? :)
 
Last edited:
CZ was one who walked away from the insanity - not one new pistol on that list, none of the SP-01s, none of the polymer models, and a few on their list are no longer in production. Pathetic how they disarm their citizens slowly and mercilessly.
 
Back
Top