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Thread: 9th Circuit Rules There’s No Constitutional Right to Sell Firearms...

  1. #111
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    Quote Originally Posted by Kacper View Post
    I doubt it would. The opinion pointed out that there were multiple other places where one could buy guns in that area other than from the Plaintiff.
    There were two parts to the opinion. One, narrow, that a gun store cannot be opened within 500 yards of a school, a daycare, a bar...another gun store. I think that's fairly reasonable. Two, broader, that the government can stop sales of guns. I think that goes too far in infringing on the right to keep and bear arms.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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    Quote Originally Posted by Chris View Post
    There were two parts to the opinion. One, narrow, that a gun store cannot be opened within 500 yards of a school, a daycare, a bar...another gun store. I think that's fairly reasonable. Two, broader, that the government can stop sales of guns. I think that goes too far in infringing on the right to keep and bear arms.
    The background checks that are legal infringe on the alleged right of gun stores to sell guns.

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    Quote Originally Posted by Kacper View Post
    The background checks that are legal infringe on the alleged right of gun stores to sell guns.
    But can be argued as reasonable limitations. Rights are not absolutes. They are limited reasonably--even by personal responsibility. The opinion of the 9th to restrict gun stores a distance from a school seems reasonable, to restrict gun sales, unreasonable.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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    Quote Originally Posted by Chris View Post
    But can be argued as reasonable limitations. Rights are not absolutes. They are limited reasonably--even by personal responsibility. The opinion of the 9th to restrict gun stores a distance from a school seems reasonable, to restrict gun sales, unreasonable.
    The city is not restricting gun sales, for Pete's sakes. They are saying you can't sell them next to a school, daycare center, etc. I have been around guns my entire life and I would gladly hand them over if the government came knocking if it would just end these obtuse arguments about "rights" and "Founders" and such.

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    Quote Originally Posted by Green Arrow View Post
    The right it protects is to "keep" and "bear," not "buy" or "sell." Banning the sale of firearms doesn't infringe on your right to keep and bear, there are tons of DIY videos on YouTube that show you how to make your own firearms.
    Poof, just ban the sale of abortion.

    You employ really bad logic.

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    Quote Originally Posted by Kacper View Post
    The city is not restricting gun sales, for Pete's sakes. They are saying you can't sell them next to a school, daycare center, etc. I have been around guns my entire life and I would gladly hand them over if the government came knocking if it would just end these obtuse arguments about "rights" and "Founders" and such.
    Yep, and towns aren't infringing on your 1st amendment rights when they say no strip clubs within a 1000' of any school, church, resodential zone or......moving school bus and when the circles are drawn there's no place to do it.

    You have to think deeper. Is there any rational basis here for this restriction. Are they letting kids walk in and buy guns. Are guns going off accidentally or are customers testing them and hittong little Jimmy?
    Last edited by Newpublius; 10-13-2017 at 01:46 PM.

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    Quote Originally Posted by Newpublius View Post
    Yep, and towns aren't infringing on your 1st amendment rights when they say no strip clubs within a 1000' of any school, church, resodential zone or......moving school bus and when the circles are drawn there's no place to do it.

    You have to think deeper. Is there any rational basis here for this restriction. Are they letting kids walk in and buy guns. Are guns going off accidentally or are customers testing them and hittong little Jimmy?

    I can see how limiting gun shops to within a certain distance from a school makes reasonable sense. At least the intention is good. It's something that could happen--like in most Sherman Anti-trust suits. But that's a narrow ruling. It's the broader ruling of the 9th that is dangerous.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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    Quote Originally Posted by Chris View Post
    I can see how limiting gun shops to within a certain distance from a school makes reasonable sense. At least the intention is good. It's something that could happen--like in most Sherman Anti-trust suits. But that's a narrow ruling. It's the broader ruling of the 9th that is dangerous.
    "prohibits firearm sales near (500') residentially
    zoned districts, schools and day-care centers, other firearm retailers, and liquor stores."

    Residential zones are naturally everywhere. That's a major percentage of any town. Then they push it further with schools.....and just as an aside day care centers are EVERYWHERE and often times near work places too.....and then liquor stores and of course other dealers.

    Makes you wonder where in the County of Alameda there might be a spot?
    Last edited by Newpublius; 10-13-2017 at 02:06 PM.

  11. #119
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    Quote Originally Posted by Newpublius View Post
    "prohibits firearm sales near (500') residentially
    zoned districts, schools and day-care centers, other firearm retailers, and liquor stores."

    Residential zones are naturally everywhere. That's a major percentage of any town. Then they push it further with schools.....and just as an aside day care centers are EVERYWHERE and often times near work places too.....and then liquor stores and of course other dealers.

    Makes you wonder where in the County of Alameda there might be a spot?

    OK, missed the residential, that is broad and restrictive.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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    Quote Originally Posted by Newpublius View Post
    Yep, and towns aren't infringing on your 1st amendment rights when they say no strip clubs within a 1000' of any school, church, resodential zone or......moving school bus and when the circles are drawn there's no place to do it.

    You have to think deeper. Is there any rational basis here for this restriction. Are they letting kids walk in and buy guns. Are guns going off accidentally or are customers testing them and hittong little Jimmy?
    I don't have a reason to believe strip clubs are a first amendment right. They are simply not allowed in my city just as it is illegal to produce porn in my state.

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