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by chartreuse
Mon Jan 10, 2011 3:14 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ACLU Sues SD over Concealed Carry
Replies: 54
Views: 8294

Re: ACLU Sues SD over Concealed Carry

AndyC wrote:Legal residence in the USA is only a right for American citizens - it's a privilege for anyone else, me included. That's my 2c
Absolutely. I always thought that went without saying...
by chartreuse
Mon Jan 10, 2011 8:44 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ACLU Sues SD over Concealed Carry
Replies: 54
Views: 8294

Re: ACLU Sues SD over Concealed Carry

cbr600 wrote:My "agenda" is: A US citizen is a US citizen. A person is a person. A US citizen is a person, but not all people are US citizens.

What's your agenda?
That may have come off a bit more confrontational than I intended. Apologies, if so.

I guess what I'm trying to say is that one important effect of the 14th is that it, in practice, limits governments' ability to strip folks of their God-given rights. And when any person, citizen or not, is stripped of a God-given right, that harms us all (both citizens and non-citizens).
by chartreuse
Sat Jan 08, 2011 10:08 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ACLU Sues SD over Concealed Carry
Replies: 54
Views: 8294

Re: ACLU Sues SD over Concealed Carry

cbr600 wrote:
chartreuse wrote:Precisely. In law, this isn't a Second Amendment matter, it's a 14th Amendment one.
How so? I thought the 14th Amendment said:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"
Well, if you're going to quote selectively, you can make most things say whatever you want them to say.
cbr600 wrote:On the other hand, if the argument is based on the "nor deny to any person within its jurisdiction the equal protection of the laws" clause applying to gun laws, then the same argument says the state can't impose a residency requirement, and tourists have the right to get a concealed carry license. Even tourists from other countries have that right while they're in a state, if equal protection applies.
Fair play to your attempt at reductio ad absurdum, but there's a shed load of case law that runs contra to your speculation.

I have to ask, what's your agenda here?
by chartreuse
Sat Jan 08, 2011 12:17 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ACLU Sues SD over Concealed Carry
Replies: 54
Views: 8294

Re: ACLU Sues SD over Concealed Carry

AndyC wrote:True - but that's not up for debate at this point. The question being argued right now is not whether they have the authority to do so, but whether they should restrict someone's right/privilege/whatever.
Precisely. In law, this isn't a Second Amendment matter, it's a 14th Amendment one.

Here's the NRA take on it: http://www.nraila.org/Legislation/Read.aspx?id=6111

Return to “ACLU Sues SD over Concealed Carry”