SENATE BILL: Firearms Act of 2013 (Law'd) (user search)
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  SENATE BILL: Firearms Act of 2013 (Law'd) (search mode)
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Author Topic: SENATE BILL: Firearms Act of 2013 (Law'd)  (Read 5372 times)
Donerail
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« on: March 12, 2013, 05:20:41 AM »

There are pretty obvious Constitutional issues with Section 5.
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Donerail
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« Reply #1 on: March 12, 2013, 09:27:42 AM »

There are pretty obvious Constitutional issues with Section 5.

That's possible, but I would need to review Atlasian case law to know for sure. (I've searched, but I haven't found any weapons-related cases.)

I don't know if makes sense to cite pre-2004 Supreme Court rulings at all, but Robertson v. Baldwin seems to support an interpretation of the Second Amendment that would allow a ban on the carrying of concealed weapons:

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The question that was the focus of this case is what we're now faced with in the context of Atlasian law - i.e. how do we interpret the right to "bear" weapons. For reference, here's the text of Article VI, Section 5, the relevant piece of the Third Constitution:

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Using the precedent you cited, I find it plausible that there may be authority to ban a specific type of carry (say, concealed), but not to ban their carry (bearing, if you will) entirely, concealed and open.
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Donerail
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« Reply #2 on: March 12, 2013, 12:59:06 PM »

Perhaps instead of "public place," the law could read "on federal property"?

That would pass muster, but wouldn't that extend it to the federal parks system and prevent hunting in those areas?
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Donerail
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« Reply #3 on: March 12, 2013, 09:24:36 PM »

Perhaps instead of "public place," the law could read "on federal property"?

That would pass muster, but wouldn't that extend it to the federal parks system and prevent hunting in those areas?

It'd take a little bit of research on my part to write an exception that covered all of the relevant properties, but I'm in favor of preserving that right.

Just say the section shall not apply to members of the armed forces, federal officials, federal court properties, national forests, or for hunting or other lawful purposes.
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Donerail
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« Reply #4 on: March 16, 2013, 12:48:22 PM »

My only remaining concern is with Section 4, Clause 6: is there a simple renewal process or do you have to go through the entire process again?
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Donerail
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« Reply #5 on: March 16, 2013, 01:21:25 PM »
« Edited: March 16, 2013, 04:40:08 PM by Vice Chair SJoyce »

For every Adam Lanza there is a Chris Dorner.

And for every Chris Dorner there is a Donald Moore, or a Kenneth Hammond, or an Antonio Milow. I believe that carry has stopped several mass shootings in the past and will do so in the future and fully support the right of our citizens to bear arms, but since this has already gone from 'no citizens carrying at any time' to 'only law enforcement/military can carry on federal property'... It's compromise.
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Donerail
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« Reply #6 on: March 19, 2013, 02:21:09 PM »

If we're amending the previous legislation, I have never heard any kind of coherent argument for Clauses 2-4 of Section 3.
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