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Thread: The First Amendment, like many of our other rights, is unconstitutionally restricted

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    As far as your right to carry a concealed weapon in another state, 'Art IV sec 2 The Citizens of each State SHALL BE entitles to ALL Privelages and Immunities of Citizens in the several States.' SO Constitutionaly speaking, you can carry into another state that prohibits their citizens from doing so. I would liken it to a pass through privelage

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by MeThePeople View Post
    As far as your right to carry a concealed weapon in another state, 'Art IV sec 2 The Citizens of each State SHALL BE entitles to ALL Privelages and Immunities of Citizens in the several States.' SO Constitutionaly speaking, you can carry into another state that prohibits their citizens from doing so. I would liken it to a pass through privelage
    Not really.

    You could live in Texas, and still be arrested in Mississippi in 1965 if you brought in alcohol. Until 1966, Mississippi was still a "Dry State", and prohibited the sale, possession, or consumption of alcohol. And to this day we still have a great many "Dry Counties" and towns, I have lived in several. In fact, it was a common sight in these counties during "Spring Break" to see car after car pulled over by the side of the road, and the Police or County Sheriff making the occupants pour their alcohol on the ground right in front of them.

    Such a similar use of laws (bringing 400 cases of "bootleg beer") into Georgia is they very plot behind the famous "Smokey and the Bandit" movie.

    Remember, state (and even local) laws override Federal ones, unless the Federal Law specifically overrules that of the state. This is why there have been many attempts to create a Federal law mandating all states recognize concealed carry licenses issued by other states.
    War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. - John Stuart Mill

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by MeThePeople View Post
    As far as your right to carry a concealed weapon in another state, 'Art IV sec 2 The Citizens of each State SHALL BE entitles to ALL Privelages and Immunities of Citizens in the several States.' SO Constitutionaly speaking, you can carry into another state that prohibits their citizens from doing so. I would liken it to a pass through privelage
    Seeings how firearm control is not an enumerated power given to the federal government that means it is reserved for the people and the States. So State can make their own laws about firearms as long as it is in pursuance to the Constitution.
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Oozlefinch View Post
    Not really.

    You could live in Texas, and still be arrested in Mississippi in 1965 if you brought in alcohol. Until 1966, Mississippi was still a "Dry State", and prohibited the sale, possession, or consumption of alcohol. And to this day we still have a great many "Dry Counties" and towns, I have lived in several. In fact, it was a common sight in these counties during "Spring Break" to see car after car pulled over by the side of the road, and the Police or County Sheriff making the occupants pour their alcohol on the ground right in front of them.

    Such a similar use of laws (bringing 400 cases of "bootleg beer") into Georgia is they very plot behind the famous "Smokey and the Bandit" movie.

    Remember, state (and even local) laws override Federal ones, unless the Federal Law specifically overrules that of the state. This is why there have been many attempts to create a Federal law mandating all states recognize concealed carry licenses issued by other states.
    This would be a relevant case for SCOTUS. Being a citizen from another state would render you unfamiliar with another states unusual or specific laws. Also I feel that unless you could have been proven to be knowingly aiding a citizen of that prohibitive state to violate its laws, then you would have to be aquitted of any charges. Thus securing your privelages and immunities. It would be the responsibility of that prohibitive states citizen to REFUSE or not to accept or request that you break a law of that state.

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by MeThePeople View Post
    This would be a relevant case for SCOTUS. Being a citizen from another state would render you unfamiliar with another states unusual or specific laws. Also I feel that unless you could have been proven to be knowingly aiding a citizen of that prohibitive state to violate its laws, then you would have to be aquitted of any charges. Thus securing your privelages and immunities. It would be the responsibility of that prohibitive states citizen to REFUSE or not to accept or request that you break a law of that state.
    For all that have a concealed carry permit, how to handle it outside of your own state is pretty well known.

    And that is don't do it, unless you know for a fact the other state has recripical rights. A license is only granted for the state in which it is issued, period. So have a CCW in Texas and go to California, do not take your CCW with you.

    And the same goes for driving. It does not matter if you come from a state where a U turn is legal, or turning right on a rad. Go to a state where it is not legal, expect a ticket. Sure, the "my state allows it" is all well and good, in court. A judge may let you off, but you are still getting a ticket.

    Oh, and do you think that the right to drive in one state with a license from another is a right from the Federal Government? Wrong.

    That is a result of a series of agreements and legislations passed in the individual states. Back in 1933 the American Association of Motor Vehicle Administrators (AAMVA) pushed legislation to have each state recognize the license from another. There is actually no Federal requirement that they do so, and at any time individual states can actually choose to remove or restrict such licensing.

    But the part about CCW holders not knowing that they can not have their concealed weapon in another state? That is idiotic, that is one of the first things they cover in any CCW class. And every CCW license I have ever seen clearly states it is only valid in that state.

    And yes, I have myself been a CCW holder. I held mine in Texas, and threw it away when I moved back to California. I knew that state did not recognize it, so no more need for it.

    Oh, and if anybody wants to know the reciprocity laws, there are easy to use resources to help you know.

    CCW Reciprocity Maps For All US States (2019 Update)
    War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. - John Stuart Mill

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Oozlefinch View Post
    For all that have a concealed carry permit, how to handle it outside of your own state is pretty well known.

    And that is don't do it, unless you know for a fact the other state has recripical rights. A license is only granted for the state in which it is issued, period. So have a CCW in Texas and go to California, do not take your CCW with you.
    Good advice. You can still bring your CCW permit with you, just don't expect that it will be honored in States like California, or most of the New England States.

    Quote Originally Posted by Oozlefinch View Post
    And the same goes for driving. It does not matter if you come from a state where a U turn is legal, or turning right on a rad. Go to a state where it is not legal, expect a ticket. Sure, the "my state allows it" is all well and good, in court. A judge may let you off, but you are still getting a ticket.
    Every State has different laws concerning driving. In Alaska, for example, it is illegal to drive when there are five or more vehicles behind you. You are required by Alaska law to pull over and allow them to pass.

    There are also "grey" areas in some States, where it is not technically legal, but allowed anyway. For example, driving a motorcycle between lanes on the freeway is allowed by the California Highway Patrol. Providing you are not driving more than 5 mph faster than the rest of the traffic and not driving faster than 25 mph. If you are going to drive in these States, it pays to know their laws first.

    Quote Originally Posted by Oozlefinch View Post
    Oh, and do you think that the right to drive in one state with a license from another is a right from the Federal Government? Wrong.

    That is a result of a series of agreements and legislations passed in the individual states. Back in 1933 the American Association of Motor Vehicle Administrators (AAMVA) pushed legislation to have each state recognize the license from another. There is actually no Federal requirement that they do so, and at any time individual states can actually choose to remove or restrict such licensing.
    Actually, under Article III, Section 1 of the US Constitution it says:

    Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

    This is why driving licenses, marriage, divorce, and birth certificates, as well as every other public acts and judicial proceedings are recognized by all 50 States.

    Quote Originally Posted by Oozlefinch View Post
    But the part about CCW holders not knowing that they can not have their concealed weapon in another state? That is idiotic, that is one of the first things they cover in any CCW class. And every CCW license I have ever seen clearly states it is only valid in that state.

    And yes, I have myself been a CCW holder. I held mine in Texas, and threw it away when I moved back to California. I knew that state did not recognize it, so no more need for it.

    Oh, and if anybody wants to know the reciprocity laws, there are easy to use resources to help you know.

    CCW Reciprocity Maps For All US States (2019 Update)
    Useful link, and sound advice. Congress has yet to fulfill their constitutional responsibility under the Full Faith & Credit Clause. Until they do, I highly recommend everyone follow your suggestion and read very carefully about the firearm laws of the State they intend to visit before bringing a firearm to that State. H.R. 38 - Concealed Carry Reciprocity Act of 2019, introduced this past January has been sitting in the Subcommittee on Crime, Terrorism, and Homeland Security ever since. With a Democrat controlled House, it is far more likely to die in that subcommittee than reach the floor for a vote.

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Glitch View Post
    Actually, under Article III, Section 1 of the US Constitution it says:

    Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

    This is why driving licenses, marriage, divorce, and birth certificates, as well as every other public acts and judicial proceedings are recognized by all 50 States.
    Uhhh, wrong. Things like Marriage, divorce, birth, and death are permanent records. They do not change, these are more accurately "recordings".

    A license is a temporary status, with a revocation date and must be renewed.

    And as I said, this is not from the Constitution, but from the Driver License Compact.

    Driver License Compact - Ballotpedia

    Driver License Compact - Wikipedia

    If it was as simple as required by the Constitution, then there would be no need for a Compact.

    And if that was true, then it would apply for all licenses. But my wife is a Nurse, and she can not practice her trade outside of California because they do not have such rights with any other states.

    What you listed were not licenses, but records. Those are very different things.

    Nice try though.
    War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. - John Stuart Mill

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by DebateChallenge View Post
    I know of this case of this boy whose mom had some kind of mental condition where she often had to be hospitalized. Anyway, this bully at school would often pick on the boy about his mom, saying that his mom was a psychopath and stuff like that. One day the boy had enough and when being picked on he said to the bully, "Knock it off, Im gonna kill you!" I don't know the whole story but from what I do know the boy got in trouble with the law for saying he was going to kill the bully. I don't think its a good idea to go around saying you're going to kill people but to get in trouble for that with the law, as this boy did, would be unconstitutional and would violate the First Amendment.
    yeah, he ***** up, should just given the bully a naughty dig to the chin...then whispered it in his ear.

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    The first amendment freedom of speech is often categorized as something we should not use in certain situations. Now when you have opinion of something and don't follow the crowd for instance if you dont believe lgbtq should be able to change the government any further. or infact say that all marriages that were made in same sex couples should be void. often you get asked why? i'll tell you why think of a man living he just turned 18 hes going to marry this woman he met which like 27. when he marrys her he wants to have children and he loves her so much that he stayed with her. what if he stayed with her for over 30 years wondering why she couldnt have kids and never finds out his wife infact was born a man. thats the problem. men or women trying to live that sort of life and losing their chance. that is why it shouldnt be legal or if it is legal when the marraige goes through they should have to state to the other person that they were born a different sex and which sex it was.
    Often these sort of opinions are shunned. people like me get called names like homophobe but nah i'm just looking far ahead to help my country and my fellow man and the outcome that could happen to many.

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by AGENT J View Post
    Why are rights and laws so hard to understand for some people?
    The first (nor any other right) is not a freedom ticket to break laws and or infringe on the rights of others.
    This is a very basic concept.
    This is not a difficult concept to understand. I thought that it was to be understood in a person's high school civics requirement course. None of our rights are absolute because if they were, they would trample on the equal rights of others.

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