- Joined
- Dec 8, 2006
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- 93,837
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- Location
- Colorado
- Gender
- Male
- Political Leaning
- Libertarian - Left
I'm a Second Amendment guy too, but I realize there can be legitimate limitations. Those limitations, can be tested in court by constitutional challenge. Public law, in this case, USC 930 Section 18, titled Possession of firearms and dangerous weapons in Federal facilities, states:
Anybody with a carry permit should be aware and familiar with this and realize that although government buildings are the subject of this law there are laws for other "public" areas. One thing must be borne in mind though. If that is so it is "reasonable" to understand that the courts in any Second Amendment challenge to a law restricting or limiting possession of firearms in 'private' buildings/facilities/areas would be inclined to uphold such as in the "public interest", because that interest overrides any individual right.
Yes, but you need to demonstrate that public interest. Public interest in and of itself does not override individual rights. There has to be a quantifiable risk to the public at large. Now some of that isn't even true. Allowing guns in society in general means that there will be a certain amount of gun crime. Certainly the aggregated use of guns in this country has led to a non-zero amount of gun crime and thus there is an overall risk to the American populace by allowing guns to be legal. Yet we do not use that public interest to then strip all guns away even though if you could remove enough guns you would start to affect the overall probabilities of gun crime. So there is a limit to what we can do, even in "public interest".
However, as related to this debate, there is concern that what is being stripped away is being done so only by thoughts of assumption and supposition, not actual risks. What are the probabilities that any one of us can die on any given day? How is that probability affected by allowing or banning guns on campus? There has to be an effect there if you wish to infringe upon the rights of the individual. I've already stated that on my campus (in general in CO), concealed carry is allowed. There are bars, and young adults, and guns; yet there has been no shootings or anything of the like here. So obviously, just allowing adults to carry concealed, even on University property, does very little to our actual risk factors. If that is the case, then there is no "public interest", there is no legitimate argument by which you can authorize government force against the rights and liberties of the individual.
We've already decided to be free, that in and of itself carries with it the greatest amount of risk. Small perturbations above and below that mark are not going to manifest themselves in significant increases/decreases to our overall risk and probabilities of death.