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Posted: 4/3/2023 10:36:18 PM EDT
[#1]
Good. Now, do KY...
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Posted: 4/4/2023 6:26:13 PM EDT
[#2]
Quote HistoryQuoted: Good. Now, do KY... I'd feel better if you'd said, "Let's do Ky." It won't just happen. It will take Kentuckians to do it. There is a long list of things like this that need doing in Ky. and they can all be accomplished using the Bruen decision. Can the government of Ky. show laws from the era of the founding (1791) where 18, 19 and 20 year olds were denied the right to carry? And it is the governments responsibility to show those laws, according to Bruen, if they want to keep what is presently on the books. I am betting that there are no such laws. Bruen gives us an articulable standard for what is Constitutional, "2A text, informed by history and tradition" and government interest and concerns are unimportant. "Intrest balancing" has already been done by the "people" when they ratified 2A. No further compromises are allowed. It was 3 young citizens of Minnesota, the Minnesota Gun Owners Caucus, the Second Amendment Foundation and the Firearms Policy Coalition that filled this lawsuit. I hope they are in it for the long haul because it might very well be appealed by the state of Minnesota. It takes dedicated people, money and good attorneys to bring this kind of victory home. It will be the strategy of the government to drag these things out as long as possible and make it as expensive as possible, hoping to get a more friendly judge for the appeal. There are plenty out there. The question becomes, are there more people that want the state to keep this kind of law or more people that will work to see them changed? What about KRS 422.125? https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43043 Do you think that firearms were banned from taverns and public houses in 1791? Do you think Daniel Boone had to leave his flintlock outside the tavern when he went in for a little refreshment? It is the responsibility of the government to come up with proof. When guns are banned in locations it is "presumptively unconstitutional" without real proof of "history and tradition" from the founding era, per Bruen. What is the legislature doing regulating open carry anyway. this is one of only two places that they do that. Where can guns be banned? According to Bruen, quoting Heller, guns can be banned in "sensitive places". Where the hell is that? There are just four "sensitive places" where guns could be banned, it is not automatic, just possible. 1. Polling places 2. Government buildings, specifically legislative chambers. 3. Courthouses 4. Schools, the Supreme Court had people search for gun bans in schools during the founding era. They found one, but the "school" was a university, the University of Va. and they only banned students from possessing guns. This was during the Civil War period and they were afraid the students would fight duels over the war. Thomas Jefferson was on the Board of Trustees at this time and they assumed that he would know if it was Constitutional or not. He wrote the Constitution. All of this is wonderful shit but first you have to get into court, which means you have to: find an attorney, pay fees, find a victim( who will say they have suffered injury or better make yourself a victim by being denied your rights), raise some money (or get people with money to help you), write a brief, write more briefs, you have to do a lot more stuff. |
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Posted: 4/4/2023 10:39:16 PM EDT
[#3]
Quote HistoryQuoted: I'd feel better if you'd said, "Let's do Ky." It won't just happen. It will take Kentuckians to do it. There is a long list of things like this that need doing in Ky. and they can all be accomplished using the Bruen decision. Can the government of Ky. show laws from the era of the founding (1791) where 18, 19 and 20 year olds were denied the right to carry? And it is the governments responsibility to show those laws, according to Bruen, if they want to keep what is presently on the books. I am betting that there are no such laws. Bruen gives us an articulable standard for what is Constitutional, "2A text, informed by history and tradition" and government interest and concerns are unimportant. "Intrest balancing" has already been done by the "people" when they ratified 2A. No further compromises are allowed. It was 3 young citizens of Minnesota, the Minnesota Gun Owners Caucus, the Second Amendment Foundation and the Firearms Policy Coalition that filled this lawsuit. I hope they are in it for the long haul because it might very well be appealed by the state of Minnesota. It takes dedicated people, money and good attorneys to bring this kind of victory home. It will be the strategy of the government to drag these things out as long as possible and make it as expensive as possible, hoping to get a more friendly judge for the appeal. There are plenty out there. The question becomes, are there more people that want the state to keep this kind of law or more people that will work to see them changed? What about KRS 422.125? https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43043 Do you think that firearms were banned from taverns and public houses in 1791? Do you think Daniel Boone had to leave his flintlock outside the tavern when he went in for a little refreshment? It is the responsibility of the government to come up with proof. When guns are banned in locations it is "presumptively unconstitutional" without real proof of "history and tradition" from the founding era, per Bruen. What is the legislature doing regulating open carry anyway. this is one of only two places that they do that. Where can guns be banned? According to Bruen, quoting Heller, guns can be banned in "sensitive places". Where the hell is that? There are just four "sensitive places" where guns could be banned, it is not automatic, just possible. 1. Polling places 2. Government buildings, specifically legislative chambers. 3. Courthouses 4. Schools, the Supreme Court had people search for gun bans in schools during the founding era. They found one, but the "school" was a university, the University of Va. and they only banned students from possessing guns. This was during the Civil War period and they were afraid the students would fight duels over the war. Thomas Jefferson was on the Board of Trustees at this time and they assumed that he would know if it was Constitutional or not. He wrote the Constitution. All of this is wonderful shit but first you have to get into court, which means you have to: find an attorney, pay fees, find a victim( who will say they have suffered injury or better make yourself a victim by being denied your rights), raise some money (or get people with money to help you), write a brief, write more briefs, you have to do a lot more stuff. I know one very motivated and pro-2A attorney. Though he is new, he's willing to help as he can, even to some extent his fee for an opportunity to help and learn. |
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Posted: 4/5/2023 10:27:13 PM EDT
[#4]
Alright- let's do this, Kentucky. I personally know of a young woman who is 18 come late September who would love to become of full legal adult age, with her rights being in full effect.
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