re: #34 Fairly Sure I’m Still Obdicut

It absolutely is. I can make a long, persuasive, powerful argument for why freedom of the press is necessary for a healthy democracy. I can do this without once referring to the fact that its constitutionally enshrined. That is a strong argument. An argument that relies on ‘Well, it’s legal’ is extremely weak, because, historically, all sorts of things have been legal or illegal that shouldn’t be, or that later changed.

This is about posting or comment style more than substance. In general the poster gets to choose the foundation legal or practical for a point. usually when a law that has made it up all the way through SCOTUS it is legit to cite as a strong argument. Again, when the law actually is on your side, it’s a fair and strong point to cite it as such. Pending change of course. It’s a rare thing for a ruling from the highest court in the land to be called weak.

What ‘civil protections’ are you referring to, and can you explain what the burden is on CCW holders if they are asked by a cop to verify the legality of their carry? How are they harmed by this?

Due process, probable cause. The proper burden on CCW holders is the permit process and due diligence on safety, the law and shooting skills. As a practical matter of course one would simply answer the policeman accurately and follow instructions. Regardless of the circumstances.

But that cop should have some cause, some reason the question the permittee compliance. If not then a CCW holder is being asked to have a lesser kind of civil protection than the average person. Really? Just exactly how far are we to go in assuming non compliance or hostile intent when there is not a shred of reason to think so?

If they write a regulation for CCW that requires such, at least then we have a legal framework. Now, we do not. There would be checks and balances.

What harm is done by being asked? No more harm than would come with other similar police encounters, absent the requirements of due process and probable cause. To me that’s a bad direction to go.