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The
Below Comments Relate to this Newslink:
FL: State, NRA square off over 2018 gun law
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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“While Florida has an interest in promoting public safety, particularly in schools, it cannot show that the ban is the least restrictive means to advance that interest. Nor could any ban be,” NRA lawyers wrote in their Sept. 3 motion. “The ban infringes the right of all 18-to-20-year-olds to purchase firearms for the exercise of their Second Amendment rights, even for self-defense in the home. The ban does not just limit the right, it obliterates it. The ban could not possibly be the least restrictive alternative. Nor is there evidence in the record that the Legislature considered the availability of less restrictive alternatives.” |
| Comment by:
PHORTO
(9/17/2020)
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The "What if..." argument is facially flawed. We do not and cannot suppress fundamental rights on that basis.
It is textbook prior restraint
It is worse than "Minority Report" legislation; at least in that fictional movie, the 'given' was that psychic prognostications were valid, IN SPECIFIC INSTANCES.
As anti-constitutional as that fictional theory is, this broad proscription that infringes individual rights goes even further than that, and it's no Hollywood fairytale.
It harms real people in real time, by force of law. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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