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Federal Judge Declares No Right to Acquire a Gun
Bearing Arms ^ | 11/14/23 | Cam Edwards

Posted on 11/14/2023 3:19:28 PM PST by CFW

If we possess a right to keep and bear firearms, it stands to reason that we must also have the right to acquire one, but according to a federal judge in Colorado no such right exists.

U.S. District Judge John L. Kane, an 86-year-old appointee of Jimmy Carter back in 1977, made the eyebrow-raising decision in a case known as Rocky Mountain Gun Owners v. Polis, which challenges Colorado’s newly-enacted three-day waiting period on all gun sales. Kane denied the group’s request for an injunction that would have halted enforcement of the waiting period while the litigation continues, ruling the plain text of the Second Amendment only covers the right to keep and bear a firearm, not to purchase or acquire one for lawful purposes.

[snip]

From the order:

......

"From this reading of the plain text, it is clear the relevant conduct impacted by the waiting period—the receipt of a paid-for firearm without delay—is not covered. Still, Plaintiffs attempt to equate the words “obtain” and “possess.” But these terms are not equivalent. To “keep,” under the definitions provided in Heller, meant to retain an object one already possessed. It did not mean to receive a newly paid-for item, and it certainly did not mean to receive that item without delay. Likewise, “hav[ing] weapons” indicates the weapons are already in one’s possession, not that one is receiving them."

.....

So you have the right to possess a firearm but not the right to obtain one? Kane’s reasoning would leave the door open for all kinds of restrictions on the acquisition of arms. Why not a six-month waiting period? How about a $500 administrative fee for every firearm purchase, or mandating purchasers come up with a half dozen character references before a gun can be sold. .....

(Excerpt) Read more at bearingarms.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Front Page News; Government; US: Colorado
KEYWORDS: 2ndamendment; banglist; blackrobednitwit; blackrobedtyrant; constitution; firearms; getoutofcolorado; impeachjohnkane; judges
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Well, I hope this is appealed immediately.
1 posted on 11/14/2023 3:19:28 PM PST by CFW
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To: CFW

So we can get rid of welfare then.


2 posted on 11/14/2023 3:25:23 PM PST by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: CFW

Think of the flip side.. .Taken to a logical end, great grandpa is saying the government can never seize/have you “unkeep” or “unbear” your arms.


3 posted on 11/14/2023 3:25:44 PM PST by DoodleBob (Gravity's waiting period is about 9.8 m/s²)
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To: CFW

Think of the flip side.. .Taken to a logical end, great grandpa is saying the government can never seize/have you “unkeep” or “unbear” your arms.


4 posted on 11/14/2023 3:25:44 PM PST by DoodleBob (Gravity's waiting period is about 9.8 m/s²)
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To: CFW

This is why I believe that each and every gun law in the United States (even the ones that you might agree with) are, by definition, unconstitutional.

There should be a single gun law anywhere.

I am not afraid of a criminal getting or using a gun - he needs to understand that if he uses the gun to commit a crime he’s going to get shot.

No, I am afraid of a rogue government that has utterly slipped its leash and is trying to eliminate its opponents.


5 posted on 11/14/2023 3:25:59 PM PST by turfmann
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To: CFW

To “keep,” under the definitions provided in Heller, meant to retain an object one already possessed
= = =

I go back to the day.

Let’s say I ‘keep’ cattle.

That’s buy, sell, breed, in addition to holding in a pen.


6 posted on 11/14/2023 3:27:49 PM PST by Scrambler Bob
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To: CFW

“U.S. District Judge John L. Kane, an 86-year old”

Hellen Keller can even see the problem.


7 posted on 11/14/2023 3:28:54 PM PST by DAC21
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To: CFW

The leftists’ drive toward a violence-free Utopia has been and will be anything but.


8 posted on 11/14/2023 3:28:59 PM PST by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
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To: All
Think of the flip side.. .Taken to a logical end, great grandpa is saying the government can never seize/have you “unkeep” or “unbear” your arms.

The problem is the left cannot and will not be held to logic, reason, or facts. They want what they want, and do not care what they must violate to obtain what they want.

9 posted on 11/14/2023 3:29:29 PM PST by marktwain
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To: turfmann
This is why I believe that each and every gun law in the United States (even the ones that you might agree with) are, by definition, unconstitutional.

There is only one gun law that works and is constitutional.

When you are incarcerated you may not have a gun.

Everything else is over reach.

10 posted on 11/14/2023 3:31:48 PM PST by Harmless Teddy Bear (Keep America Beautiful by keeping Canadian Trash Out. Deport Jennifer Granholm!)
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To: CFW

“ANY type of gun control is against the Human Rights of every single human being on this planet” L.Star


11 posted on 11/14/2023 3:35:02 PM PST by Qwapisking ("IF the Second goes first the First goes second" L.Star )
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To: CFW
Well...since it is illegal to build one for oneself, how does this idiot judge suppose one is to 'keep and bear arms'?

Does he suppose that firearms appear out of thin air after a conjuring in the family rec room?

12 posted on 11/14/2023 3:35:40 PM PST by Bloody Sam Roberts (The Truth is like a lion. You don't need to defend it. Let it loose and it will defend itself.)
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To: CFW

where do they get these idiots?!

The language is plain and clear.


13 posted on 11/14/2023 3:36:14 PM PST by Samurai_Jack (This is not about hypocrisy, this is about hierarchy!)
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To: CFW

I give him an A+ for originality. He gets an F for failure to uphold the constitution.


14 posted on 11/14/2023 3:36:35 PM PST by Jonny7797
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To: CFW

What a moron to believe that you have the right to own a firearm but not buy one.


15 posted on 11/14/2023 3:36:37 PM PST by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: Bloody Sam Roberts

It’s not illegal to build one. Where do you get that?


16 posted on 11/14/2023 3:37:42 PM PST by Jonny7797
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To: CFW

Well, then the judge should have no right to acquire personal bodily protection either


17 posted on 11/14/2023 3:37:48 PM PST by lgjhn23 ("On the 8th day, Satan created the progressive liberal to destroy all the good that God created...")
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To: CFW
Another WTF Moment!
18 posted on 11/14/2023 3:38:30 PM PST by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
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To: CFW

RE: the constitution says “THE RIGHT TO BEAR ARMS”. How do you exercise that right without acquiring arms?


19 posted on 11/14/2023 3:38:49 PM PST by SeekAndFind
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To: CatOwner

You are absolutely right.


20 posted on 11/14/2023 3:39:22 PM PST by No name given (Anonymous is who you’ll know me as )
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