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Sure, basically, in California, carrying an unloaded gun in public is now considered illegal
That's been true for a while. The PRCalif gun-haters passed some law 10 years ago or more, saying (among other things) that if you have an unloaded gun in one hand, and live rounds in the other, the gun was considered loaded.
They just keep pushing it a little further year after year.
And people wonder why the 2nd amendment was written as a flat ban, with no exceptions and no wiggle room. It's because people 200+ years ago knew that big-govt addicts would take any loophole you gave them, and drive a truck through it, just like PRCalifornia legislators have been doing for the last few decades.
There's nothing new about what these liberals are doing. George Washington and his buds saw them coming a long way away, and made laws to stop them, even 200+ years ago.
slander, libel, purgery and false advertising come to mind.
Another example is probably hate speech.
By definition (well, Wikipedia definition) Hate speech is, outside the law, speech that attacks a person or group on the basis of e.g. race, religion, gender, disability, or sexual orientation.
Bill Maher has openly called Religious people stupid, I am not sure if this belongs to the hate speech category. I am not religious, and I like Bill Maher, but people like him just surprises me. Shrug.
Openly calling somebody stupid based on their religious belief is protected by law, but openly carrying an unloaded gun will land somebody in county jail up to one year.
I found this video on youtube Hopefully you can watch it
so basically, if we carry an unloaded gun in public, we can be put in county jail up to 1 year.
Why do you want to openly carry a gun (loaded or unloaded) in public?
I've been around over 60 years and have been in rough and tumble businesses. I've also had personal confrontations with some pretty rowdy folks from time to time.
I also keep firearms in my home and place of business as a matter of protection. If somebody wants to come in and try me out on my turf, bring it. The old 870 is standing by.
But I have never once had any need to walk around in daily life with a gun on my hip. What in tarnation is that about?
It's provocative and anybody with a lick of sense knows that.
Why do you want to openly carry a gun (loaded or unloaded) in public?
.
Does it really matter? Does it (carrying unloaded gun in public) hurt anybody?
Burning flag is offensive, but it is perfectly legal, calling religious people stupid is offensive, but it is perfectly legal, carrying unloaded gun in public is illegal in my State simply because it (carrying an unloaded gun) doesn't make sense to you?
My whole point here is that the Constitution says no such thing. It says ONLY, "Since X is true, the RPKBA shall not be infringed."
Once again, there is NO text in the Constitution that says any such thing. And that text was deliberately omitted by the people who wrote and ratified it. So no, I don't "see" it at all.
I did not say the Constitution says anything about arrest, I said it "allows for it".
The powers of arrest are implied in the 6th amendment although it is assumed to be at a local and not the Federal level. It is interesting though that the actual power to arrest is not found in any of the State constitutions I have looked at and raises the question of where any government derives its power to arrest if they are not given constitutionally, but that is another topic.
But the debate resides in whether there are ANY resonable restrictions... and how such might be arrived at.
Various persons of the southpaw persuasion are desperate to fool people into believing that "of course" there are reasonable restrictions... so they don't have to debate whether there are any.
But saying so doesn't make it so, sorry.
Well for one, I don't think restrictions against the mentally ill or felons owning guns, people who are more prone to violence, is an unreasonable one. Neither did the forefathers.
Some people may think a paranoid schitzophrenic should be able to buy a gun.... I don't.
That has nothing to do with Free Speech. That is Tort Law.
The Constitution and its Amendments are reminders to government of the limits of government. Since the majority of Americans are stupid, it's probably a good thing they were written down, since people are too stupid to understand that governments have no power or authority to grant Rights, due to the fact that Rights are innate and inherent to the self.
The Constitution is a contract between the government and you reminding government that their powers are limited. The Constitution is a contract between the governmental and I, reminding government that there is a limit to their power and authority.
There is no contract between you and I.
Correct?
This is basic Contract Law.
You have a contract with Duke Energy (for example), and I have a contract with Duke Energy, but the fact that we both have contracts to the same party does not mean you and I have a contract.
So long as you are in an area I control -- exercise sovereignty -- then I can place whatever limits I choose to place on your Speech.
The whole purpose of Free Speech (and Freedom of the Press and Freedom to Peaceably Assemble) is to freely criticize or praise any government without fears...fear of retribution; fear of imprisonment; fear of harassment; and so on.
Those freedoms do not extend to acts involving private individuals, and the limits imposed are based on tortious interference.
The federal government has no say in the matter. That is the purview of the States.
Only the States may impose limitations. For example, the State may require that as a condition to purchasing a firearm, an individual undergo 20 hours of training, or 40 hours or 120 hours.
Voting is not a Right.
The State may place restrictions on who may vote, provided such restrictions are not based on gender, race, color or previous condition of servitude, that an individual has at least 18 years, and with respect only to the election of the President and Vice-President, and to Federal Senators and Federal Representatives, no poll tax or other tax may be levied (it does not apply to non-federal elections).
Constitutionally...
Mircea
And your point is what, exactly?
I said that there are reasonable limits on speech and reasonable limits on arms and unreasonable limits on voting.
Does she now need to justify her exercising of a Constitutionally-protected right, to the likes of YOU???
Here, have a cookie. Go play in a corner, and stop bothering the adults.
Sporting a gun in normal public life is obviously provocative, and intended to be so. What's the purpose other than to say "I could shoot somebody if I wanted to"?
Why is it my business?
Because I don't want the lives of me or my family of my friends subjected to the whims some stranger I've never met, about whom I know nothing, who may have no training whatsoever and who may or may not be unbalanced. The very fact that he deems it necessary to publicly display a deadly weapon in normal social discourse tells me right off the bat that he's got issues that 99.99999% of the rest of us don't have.
What's this person thinking? That he alone is about to be singled out for mugging at the Little League field or the mall, and that he'll suddenly drop down and defend himself Chuck Norris style?
Give me a break. I'm a lifelong gun owner and hunter but toting a gun around in public is silly.
Does it really matter? Does it (carrying unloaded gun in public) hurt anybody?
Yes, it does. See my post below.
Having the right to do something doesn't make doing it sensible. What is the point in walking around sporting a pistol (loaded or unloaded) on your hip when nobody else is doing so?
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