Comment

Washington, D.C., Handgun Carry Ban Is Ruled Unconstitutional

36
Obdicut (Now with 2% less brain)7/28/2014 12:31:13 pm PDT

re: #35 Rightwingconspirator

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.

It’s as strong and fair a point as the judicial reasoning. For example, you wouldn’t find the reasoning behind the Dredd Scott decision strong, nor, I believe, many recent Roberts courts decisions. i’m not calling the ruling ‘weak’, I’m calling relying on it as the lynchpin of your argument, weak. You do understand a 5-4 ruling means that 4 supreme court justices disagree, right?

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.

I’m sorry, I asked what harm they’d suffer. You haven’t cited any harm.

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?

They have exactly the same civil protection as an average person under what I’m proposing. Exactly the same. Not in the least bit different, in any way, at all.

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.

Nope. Far less harm, because all the policeman is doing is asking to verify the gun and the license. They’re not, as in stop and frisk, searching the individual.

Please explain what harm the person with the gun harms to by being asked to show the permit. You haven’t, actually, shown harm yet. You’ve shown harm if a different scenario occurred, where people with guns were stopped and searched, but that’s not what we’re talking about.

So again, can you come up with a harm that is done?