Gun Control & RKBA
In reply to the discussion: "Connecticut Judge Dismisses Newtown Lawsuit Against Gun Maker" [View all]discntnt_irny_srcsm
(18,577 posts)As such the codified protection offered by the 2A is reasonably interpreted as a right of individuals and the militia clause a supporting justification. The Marbury v Madison decision famously included that "It cannot he presumed that any clause in the Constitution is intended to be without effect...". The 2A protects both the right of the individual and the effective capability of the militia.
Acknowledging that It is '...not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.' many limitations, including some which vary from state to state, have been found Constitutional. The application of the RKBA is validly modified by state and federal laws found to be Constitutional. Criminal exercise of the right is not protected behavior.
You should have your lawn darts. You may need to manufacture your own but that should not be restricted.
If enough pro-lawn dart folks would organize and challenge the regulation, I feel that a court would decide to allow their sales.
I don't have any such interest but don't object to that of others. I don't mind if you smoke. I don't mind if you drink alcohol. If, in order to enjoy your pursuit of happiness, you need to drink and drive, you'll need to do it on private land with the owner's permission or take your chances with due process. Same story if you need to go 80 in a 45 zone.
While the concept of a right is generally unlimited, its application in society never is. You can't yell "fire" in a theater. Well, you can in certain circumstances: if there really is a fire, if the theater is empty except for yourself or maybe if you're on stage acting and the announcement is part of the script. In the strict sense of the word, you can yell fire anywhere you like, but you may face the consequences. The only real control there is self-control based on consequences. Similarly, gun-"control" is mostly the same.