Let's remember to never ever back down on the issue of the second amendment being a FUNDAMENTAL right, equal in all respects to those in the first amendment.
This means many things, but I bring it up because our lovely Attorney General, Ms. Reno, keeps saying that "No one ought to be allowed to have a gun until they have passed a test proving that they know how to use it safely". At first blush this seems reasonable, especially since we are in most states already accustomed to passing the CCW test after taking the class.
But what the antis in the gov't and elsewhere must realize is that, with a fundamental right, the gov't cannot be any prior restraints, just as they cannot put prior restraints on speech. There is an entire body of caselaw on this as to speech, and it applies equally to the second amendment. WHEN and IF you prove yourself a butthole by being CONVICTED of a felony, then "No-guns-for-you" (say it like the Soup Nazi). But until that time, no gov't (fed or state) really has the constitutional right to put a prior restraint on any law-abiding adult's ability to own and use (keep and bear) firearms.
This means many things, but I bring it up because our lovely Attorney General, Ms. Reno, keeps saying that "No one ought to be allowed to have a gun until they have passed a test proving that they know how to use it safely". At first blush this seems reasonable, especially since we are in most states already accustomed to passing the CCW test after taking the class.
But what the antis in the gov't and elsewhere must realize is that, with a fundamental right, the gov't cannot be any prior restraints, just as they cannot put prior restraints on speech. There is an entire body of caselaw on this as to speech, and it applies equally to the second amendment. WHEN and IF you prove yourself a butthole by being CONVICTED of a felony, then "No-guns-for-you" (say it like the Soup Nazi). But until that time, no gov't (fed or state) really has the constitutional right to put a prior restraint on any law-abiding adult's ability to own and use (keep and bear) firearms.