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To: neverdem
These no contact orders for people accused of domestic battery are issued right away, long before a trial. During this period there is still technically a presumption of innocence. These people are being deprived of their right to bear arms without due process of law. I can't imagine how this passes constitutional muster.
8 posted on 12/24/2004 11:41:21 PM PST by TKDietz
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To: TKDietz
As far as I know, the second amendment is UNCONDITIONAL, as long as a person is not in jail the right must not be infringed
10 posted on 12/24/2004 11:45:01 PM PST by btcusn (Giving up the right to arms is a mistake a free people get to make only once.)
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To: TKDietz

It's only legal because the gov't says so. If we don't get our way in these next four years in the courts then we have failed.


11 posted on 12/24/2004 11:45:59 PM PST by Bogey78O ("Kill The Tartars on the night of the 15th of the 8th moon")
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To: TKDietz; Bogey780; El Gato; Squantos
I can't imagine how this passes constitutional muster.

Wasn't that the basis of Emerson case in Texas, but the US Supreme Court sent back to the Texas District court for clarification of some sort?

15 posted on 12/24/2004 11:54:13 PM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: TKDietz
"I can't imagine how this passes constitutional muster."

Massachusetts Constitution

PART THE FIRST A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.

Article V. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

Article XII. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him;...And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers,..."

Article XV. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practiced, the parties have a right to a trial by jury;

Article XVII. The people have a right to keep and to bear arms for the common defence.

Since when can a "restraining order" and/or a law usurp, deny and disparage a constitutionally protected right?

In Massachusetts, a law against homo's being married was found to be an afront to their constitution. So, there is the precedent that no law or restraining order can afront the covenants of their constitution.

59 posted on 12/25/2004 11:01:28 AM PST by tahiti
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To: TKDietz

Political Correctness + Political Expediency = Rights Overturned!

I still remember when "experts" sagely advised me that such efforts on the part of Gov. Org. could never happen in America, they would require too much computer memory!
Tends to make you wonder occasionally if all our tech progress is actually benign in the absence of true conservative progress.


116 posted on 12/26/2004 7:16:02 PM PST by Richard-SIA ("The natural progress of things is for government to gain ground and for liberty to yield" JEFFERSON)
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