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This Lawsuit Could Shatter ALL Federal Gun Control Laws
Bearing Arms ^ | 11-22-2016 | Bob Owens

Posted on 11/22/2016 6:29:40 PM PST by Kevin in California

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To: Manly Warrior
What if one showed up peaceably with a holstered or a slung or an otherwise carried non-threateningly arm?

You can kick anyone off your property for any reason you choose. I could require anyone on my property not wearing a suit and tie to leave, for example.

41 posted on 11/22/2016 10:14:16 PM PST by Ken H (Best election ever!)
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To: Garth Tater

“How anal do you wish to be in this discussion? “

How outlandish do you want to be? You’re the one who wrote “NO ONE has the right to do ANYTHING on my property that I forbid.” I merely gave examples of where you’re statement is wrong.

“Seriously, do you think someone demanding sex from you and me forbidding you to say no is really germane to this conversation. “

Yes, because it’s an example of you being wrong when you wrote “NO ONE has the right to do ANYTHING on my property that I forbid.”

“If my rules included dying without resisting then you should have been gone a long time ago. “

Your property rights don’t include the right to make any such rule and you are wrong when you write “NO ONE has the right to do ANYTHING on my property that I forbid.”

Don’t misunderstand and think that I take property rights lightly. I don’t. But you are way out of line.

“Seriously, I expect better from a Freeper. Try to step it up if you are going to respond again please.”

Many people mistakenly see faults in others but are blind to those faults in themselves. Especially you, apparently.


42 posted on 11/22/2016 10:31:59 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: KrisKrinkle

Do you agree that you can kick anyone off your property for any reason you choose?


43 posted on 11/22/2016 10:46:47 PM PST by Ken H (Best election ever!)
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To: KrisKrinkle
Regarding your tag line:

Blessed be those who know the depth and breadth of their ignorance

You've got some work ahead of you.

Everything I've said has been discussed before by better men than you and I and NOTHING you have said would impress them in the least.

A man's home is his castle. Settled fact in English Common Law and yet you want to bring up silly scenarios where you can do something against the castle owner's will? Great - pop the top on another bottle of beer and sit around with your buddies and come up with meaningless cases where the law our Founders knew, respected and used to create our country's founding documents would not apply.

How about this one:
If someone demands sex from me in your house I can exercise my right to free speech and say "No," so therefore you do not have the right to control what does and does not happen on your property. Really? That's what you come up with? You're not worth my time.
44 posted on 11/22/2016 10:50:26 PM PST by Garth Tater (What's mine is mine.)
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To: Ken H
Ignore him. He nitpicks at the writings of the greatest generation that ever lived and thinks that makes him smart. The writings that are at the base of the greatest country that ever existed could withstand his quibbles for a million years and would still stand as the peak of human civilization.

The Magna Carta

English Common Law

The Declaration of Independence

and the United States Constitution
KrisKrinkle and walkingdead
45 posted on 11/22/2016 10:58:23 PM PST by Garth Tater (What's mine is mine.)
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To: Garth Tater; walkingdead

Oh goodie. A duel on Freerepublic.

Ok. 20 paces each. Turn, draw your weapon and fire off another snide salvo of demeaning insults.


46 posted on 11/22/2016 11:57:32 PM PST by proudpapa (Trump Pence earned it.)
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To: proudpapa; walkingdead
We can't have a duel. It takes two armed men for a duel and walkingdead is firing blanks.

How was that papa? I'm new around here, was that up to Free Republic standards? I don't want to go over the line but I do enjoy a good dust up.
47 posted on 11/23/2016 12:08:39 AM PST by Garth Tater (What's mine is mine.)
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To: Kevin in California
There are a couple of little-known court cases that might be of interest to those looking at this:

U.S. v. Dalton (1991): This decision basically struck down the 1934, 1968 and 1986 gun control acts. It was not appealed by FedGov, I assume because a loss of this magnitude at the Supreme Court level would be devistating to all federal gun control laws.

United States v. Rock Island Armory (1991): Similar to the Dalton case above, this case would be extremely important to gun owners if only people knew about it. It held that the National Firearms Act was "originally passed as a taxing statute". Since Fedgov is not allowing citizens to purchase weapons covered under the act (machine guns and the like) because they will not allow them to purchase new tax stamps for them, they have effectively removed the 'tax nexus' from the act, which is what made it constitutional in the first place. Therefore, the entire house of cards of gun control at the federal level is struck down. That would include the 1934, 1968, and 1986 gun control acts.

48 posted on 11/23/2016 2:03:09 AM PST by zeugma (I'm going to get fat from all this schadenfreude)
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To: Garth Tater

Hey DU idiot! Did you read, that’s READ what I wrote? You moronic troll from DU are usually caught quickly! You’re caught! Now go back to your mom’s basement and back to DK or DU, your choice!


49 posted on 11/23/2016 3:32:55 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: arthurus

Exactly - the Constitution/Bill of Rights/Amendments applies to ALL Americans no matter where they reside in the States.


50 posted on 11/23/2016 3:44:24 AM PST by trebb (Where in the the hell has my country gone?)
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To: Bushbacker1
So that's your idea of a reasoned response? Go back to DU. Seriously? Quite the come back DUmmy.
51 posted on 11/23/2016 4:18:57 AM PST by Garth Tater (What's mine is mine.)
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To: Garth Tater

Mirrored your comment, moron!


52 posted on 11/23/2016 5:03:24 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Bushbacker1
...it's concealed and unless they search you, they would never know!

Unless the wind blows your jacket or windbreaker, or you bend over to pick up a dropped item, or you sit carelessly...

53 posted on 11/23/2016 10:20:48 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: JimRed

Or, having conceal carried for over 30 years, one learns the do’s and don’t’s.


54 posted on 11/23/2016 10:36:41 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Garth Tater

Welcome Newbie. Sometimes we take ourselves a bit too seriously. Sometimes Garth it’s best to just walk away from an online argument than to keep piling on.

Even when we’re confidant that we’re right, and the other bloke is wrong.

Cheers and Happy Thanksgiving.


55 posted on 11/23/2016 12:00:36 PM PST by proudpapa (Trump Pence earned it.)
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To: trebb
Arguably the 2amd applies to everyone in the USA, citizen or no. The RKBA shall not be infringed, not the RKBA of Americans shall not be infringed.

Constitutionally laws can be passed and enforced against use of guns for anything at all but not against possessing or carrying them, including ammo and nuclear weapons. Libs profess to be horrified at the idea that individuals owning nukes or carrying around hand grenades and M-50s could be Constitutional, but the market puts some pretty sever limitations on what arms are actually carried and possessed. The crime, of course, is in the illegitimate use of arms, for settling arguments about what's for dinner or for sticking up banks, for instance. The ideal of preventing criminals or enemy soldiers (think jihadists and anarchists)from acquiring and using guns by laws against citizens is fatuous.

56 posted on 11/23/2016 2:06:28 PM PST by arthurus
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To: Kevin in California
The federal trial of a Kansas man for manufacturing and selling firearms and silencers without a federal license could very well turn out to be the pivotal case that not only challenges the constitutionality of the National Firearms Act of 1934, but also every federal firearms law ever passed in a battle that will determine whether it is the states or the federal government that has the constitutional right to pass gun laws.

If he wins.

57 posted on 11/23/2016 2:09:09 PM PST by DoodleDawg
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To: Garth Tater
People and private organizations have every right to infringe

No. Individuals do not have that right. The RKBA does not give ANY exceptions. People have the right, of course, to not allow you on their property for whatever reason. It is a fine distinction but a distinction, nevertheless. Courts have held that companies cannot prevent their employees from having guns in their cars on company parking lots. Of course the company can fire an employee for some other reason (unless the employee is a black female illegal alien alcoholic).

58 posted on 11/23/2016 2:17:28 PM PST by arthurus
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To: Kevin in California

So long as it doesn’t get to the USSC until after President Trump has appointed a Justice.


59 posted on 11/23/2016 3:40:24 PM PST by arthurus
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To: Ken H

“Do you agree that you can kick anyone off your property for any reason you choose?”

If you mean do I have a right to kick someone off my property for some reason of my own, I agree.

Whether or not I actually can is another matter. If a SWAT team shows up with a faulty warrant or an outlaw gang shows up for whatever reason, I’d have the right to kick them off but that may not be something I actually can do, though I might die trying and even take some of them with me.

And I am reluctant to use the words “anyone” and “any reasons” as you did because I find them to be infinitely broad. For example “anyone” would include a spouse and infant child. “Any reason” may be that I unilaterally and without just cause decide to end the marriage contract. (Whether or not a particular property is their property as well as mine may be disputable depending on when and where we live.)

Now I’m reasonably sure you didn’t mean to include a spouse and child when you used the word “anyone” and you probably didn’t mean to include unilaterally ending the the marriage contract without just cause in “any reason”, but you did use those words and those things would be included.

By the way, depending on the terms, some sort of contract arrangement might be a reason I do not have a right to kick someone off my property, even if I actually can.


60 posted on 11/23/2016 10:25:21 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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