You're just not getting it. To very carefully answer your question:
Everyone has the right to bear arms. Just like
everyone has the right to liberty. But rights can be restricted through
due process. This due process can be
administrative and does not necessarily have to follow under
criminal prosecution; in fact, due process rarely obtains through criminal proceedings. For example, you can be involuntarily detained
administratively under California's 5150. Something similar happens when a police officer detains you for an
investigatory stop. There's no criminal prosecution, and yet your rights have been restricted.
If I say that I support an Assault Weapons Ban, I'm in favour of
restricting a right. That is in direct concordance with the 2nd Amendment as per McDonald, which
incorporates the 2nd amendment under the 14th, placing it under strict scrutiny, i.e. the right is broadly protected, but a
narrowly tailored law that furthers a
compelling governmental interest can restrict that right. (
Not getting killed by publically pledged ISIS supporters might satisfy this test...)
@sb247, this is all
well established legal doctrine. It's why yelling "Fire" in a crowded movie theatre is
against the law. The 1st Amendment does not apply in that case.
No rights are absolute.
What you've been spouting is
jangled opinion. I don't care about opinions. I only care about the Constitution, the Bill of Rights, and the rich legal tradition founded on those documents. Nothing you've written has referred to any of those things in a coherent way. If you have any lawyer friends, please show them what I've written. Please. It
will pass mustard.
What you're writing is like a how a first year medical student might work up jaundice. It just doesn't. make. sense. It's like how those "AM I BEING DETAINED"?? folks sound to cops.
If you're on a list, you're on a list. If you arrived on the list under
due process--like you were 5250'ed in California--then yes, your right to own a gun may be
administratively restricted under
strict scrutiny. That seems very reasonable when it comes to unwell schizophrenics, and yet you defend publicly-pledged ISIS supporters? If we were to establish a similar
administrative due process for publically-pledged ISIS supporters, then
I would fully support that, because
perhaps it would survive
strict scrutiny (and the courts could adjudicate that).
There's already no restriction on surveilling in public. So if you're on a list, then
you should be surveilled in public.
@sb247 ,
@VA Hopeful Dr : I've used my words very carefully. These are legal concepts that have over a hundred years of precedent. What am I missing?