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1 Political Atheist  Apr 16, 2014 12:04:19pm

Great Page. A sure reference for future debated around here. For years I cited self defense as the strongest argument for the 2nd as an individual right, in there with the other key “bill of rights” provisions. Gun ownership critics scoffed and laughed. ‘nothing like that in there” and said basically militia and militia equals national guard so too bad for you.

Now we have a very different kettle o fish. I feel vindicated on this point.

From your link.

But this does not necessarily mean that the Second Amendment requires that a person be able to carry a gun in public — let alone a concealed gun — any time he invokes self-defense. After all, the right of self-defense itself typically requires a person to show something like good cause — a reasonable fear of imminent harm as a result of unlawful force, for example. In other words, the core of the right to keep and bear arms is the right to keep and bear arms for self-defense; the core of the right to keep and bear arms for self-defense is self-defense. And if that core right is compatible with a good cause requirement, shouldn’t the right to keep and bear arms for self-defense also be?

How should the law treat the inevitable space between actions of justified self-defense and the preparations for those actions? Does the Second Amendment require the government to recognize as “good cause” a generalized claim to self-defense in the absence of a specific threat? One way to frame the issue is to ask what level of risk is necessary to “trigger” the right to carry a gun in public for purposes of self-defense. A person who is 100% certain to face a justified need for armed self-defense would surely have “good cause”; a person who is 100% certain not to have such a need would not have good cause. (The latter person could probably still have a gun at home, and might have some kind of cognizable interest in public carrying, but it is hard to see how it would be grounded in self-defense.) When does the risk become constitutionally salient? Ten percent? One percent?

2 FemNaziBitch  Apr 17, 2014 2:48:04am

“The State cannot abridge or deny The right to defend one’s own body, and/or the body of a person unable to do so for themselves, from imminent danger by what ever means possible”

In my perfect world, the above statement would be part of the Constitution. Since it is not, we have to rely on the 2nd Amendment.


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